11-4-620 Permitting of facilities, devices, or processes for control of air pollution.

   (a)   Air pollution control permit required.

      (1)   Except as otherwise provided in this article or in rules promulgated thereunder, no person shall install or operate in any way any regulated equipment or area without a valid air pollution control permit issued by the Commissioner.

      (2)   No person shall replace or relocate any regulated equipment or area requiring an air pollution control permit without receiving a new air pollution control permit from the Commissioner.

      (3)   No person shall repair or modify any regulated equipment or area requiring an air pollution control permit, if such repair or modification will increase the quantity or change the nature of air contaminants emitted from such regulated equipment or area, without receiving a new air pollution control permit from the Commissioner.

   (b)   Posting. Air pollution control permits shall be posted in a conspicuous place at or near the regulated equipment or area for which they are issued.

   (c)   Exceptions. An air pollution control permit shall not be required for any of the following equipment or under the following circumstances:

      (1)   Residential heating plants;

      (2)   Indoor fireplaces;

      (3)   Self-service laundry washers and dryers;

      (4)   Air conditioners and refrigerators;

      (5)   Gas-fired cooking equipment;

      (6)   Residential emergency or standby generators serving buildings of four or fewer dwelling units;

      (7)   Bench-scale laboratory equipment used exclusively for chemical or physical analysis;

      (8)   Repair, replacement, modification, or relocation specifically authorized or required under applicable federal or state law; provided, however, that in the case of such a repair or modification, the owner or operator shall notify the Commissioner in writing at least seven days prior to commencing the repair or modification;

      (9)   Repair, replacement, modification, or relocation necessitated by an emergency before permission can be obtained, if the Commissioner subsequently determines that such action was taken based on a reasonable belief that an emergency had arisen, and that serious consequences would have resulted if the action was deferred; or

      (10)   Other equipment or circumstances exempted by the Commissioner in accordance with rules promulgated pursuant to this article.

   (d)   Termination. Any air pollution control permit issued prior to the installation of any regulated equipment or area shall become void, and all fees paid for such permit shall be forfeited, if installation is not completed within one year from the date of issuance of the air pollution control permit, or any extended period allowed by the Commissioner in writing.

   (e)   Permit application content. The owner of any regulated equipment or area requiring an air pollution control permit shall file an application in a form prescribed by the Commissioner and provide all requested information.

   (f)   Other laws and regulations. The permitting requirements of this section do not in any way limit the authority of the Commissioner to enforce any environmental laws or regulations otherwise applicable to a regulated equipment or area installed or operating in the city.

(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 10-27-21, p. 39543, Art. VI, § 2; Amend Coun. J. 11-7-22, p. 54948, Art. III, § 5)

Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-620, which pertained to emission testing.

11-4-630 Standards for issuance of air pollution control permits.

   (a)   The commissioner shall grant an air pollution control permit only if the commissioner has determined that:

      (1)   the owner or operator of the regulated equipment or area for which a permit is sought is not currently in violation of any substantive standards set forth in Part C of this article or any regulations promulgated pursuant to this article; and

      (2)   any control equipment or technology to be utilized to control the emission of air contaminants is appropriate for the facility's operations and throughput; provided, however, any control equipment or technology permitted by state or federal law or regulation shall be considered appropriate.

   (b)   The commissioner shall have authority to impose conditions necessary to achieve the purposes of this article upon any permit issued pursuant to this section. Violation of any permit condition shall be considered to be a violation of this section.

   (c)   Any person whose application for an air pollution control permit is denied, or upon whom permit conditions are imposed pursuant to paragraph (b) of this section, may appeal to the commissioner for a hearing on the denial or conditions by submitting a written request for a hearing within 15 days of the date of the letter denying the permit application or granting the application with conditions. The commissioner, or the commissioner's designee, shall commence the hearing within 30 days of receiving a hearing request, unless a later date is scheduled with the mutual consent of the parties. Failure to timely request a hearing in accordance with this paragraph shall constitute a waiver of the opportunity for a hearing.

(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-630, which prohibited atmospheric pollution.

11-4-640 Shutdown of permitted equipment.

   The owner or operator of any regulated equipment or area subject to an air pollution control permit that is dismantled or discontinued shall notify the commissioner in writing of that dismantling or discontinuance within thirty days of its occurrence.

(Added Coun. J. 10-7-09, p. 73413, § 1)

Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-640, which pertained to public nuisance abatement.

11-4-650 Permit fees.

   Every applicant for an air pollution control permit shall pay a permit fee of $150.00 per piece of a regulated equipment or area permitted, except that if the regulated equipment or area is installed pursuant to a building permit issued under Chapter 14A-4 of this Code and the required permit fees are paid in accordance with that chapter, no additional fee is required to obtain an air pollution control permit.

(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 98)

Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-650, which pertained to remedies.

11-4-660 Certificate of operation – Required.

   (a)   Certificate of operation required. Except as otherwise provided in this article or in rules promulgated thereunder, no person shall cause or allow the operation of any regulated equipment or area requiring an air pollution control permit under Section 11-4-620 of this Code without a valid certificate of operation issued by the Commissioner. An application for a certificate of operation shall be made to the Department in a form prescribed by the Commissioner. Facilities shall be categorized based on the potential or actual emissions of the facility for which the certificate of operation is sought as identified in Section 11-4-680 of this chapter.

   (b)   Scope of certificate of operation. A single certificate of operation shall be issued for a facility, which may encompass regulated equipment or areas requiring more than one air pollution control permit.

   (c)   Posting. Certificates of operation shall be posted in a conspicuous place at the facility for which they are issued.

   (d)   Duration and renewal. A certificate of operation shall be valid for one year from the date of issuance unless a shorter period is specified by the commissioner, subject to annual renewal as set forth in Section 11-4-690.

   (e)   Exceptions. A certificate of operation shall not be required from the department for facilities operating only the following equipment:

      (1)   Emergency or standby generators;

      (2)   Boilers or furnaces; or

      (3)   Other equipment exempted by the commissioner in accordance with rules and regulations promulgated pursuant to this article.

(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 10-27-21, p. 40504, Art. II, § 4)

Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-660, which pertained to required compliance and instruction.

11-4-670 Standards for the issuance of annual certificate of operation.

   (a)   The commissioner shall not issue or renew a certificate of operation unless the applicant has certified that it is in compliance with all of the following standards. The applicant must

      (1)   operate in a manner that is not detrimental to public health or safety, or to the environment;

      (2)   comply with all substantive standards set forth in Part C of this article or any regulation promulgated pursuant to this article;

      (3)   hold an air pollution control permit for all regulated equipment or areas in the facility for which a certificate of operation is sought, and comply with all terms of all air pollution control permits; and

      (4)   keep all regulated equipment or areas in good repair and free from operational defects.

   (b)   The commissioner shall have authority to impose conditions necessary to achieve the purposes of this article upon any certificate of operation issued pursuant to this section. Violation of any certificate of operation condition shall be considered to be a violation of this section.

   (c)   Any person whose application for a certificate of operation is denied, or upon whom certificate of operation conditions are imposed pursuant to paragraph (b) of this section, may appeal to the commissioner for a hearing on the denial or conditions by submitting a written request for a hearing within 15 days of the date of the letter denying the certificate application or imposing the conditions. The commissioner, or the commissioner's designee, shall commence the hearing within 30 days of receiving a hearing request, unless a later date is scheduled with the mutual consent of the parties. Failure to timely request a hearing in accordance with this paragraph shall constitute a waiver of the opportunity for a hearing.

(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

Editor's note – Coun. J. 9-1-99, p. 10096, § 1, repealed former § 11-4-670, which pertained to demolition safeguards for dust and asbestos.

11-4-680 Certificate of operation fee.

   Every applicant for a certificate of operation shall pay a fee based on the potential or actual emissions of the facility for which the certificate of operation is sought. Facilities are categorized and fees shall be levied as follows:

 

Category	Emissions	Fee
A1	Facility whose potential and actual emissions are 100 tons or more per year.	$1,250.00
A2	Facility with potential to emit more than 100 tons per year, but whose actual emissions are less than 100 tons per year.	$750.00
B	Facility whose potential and actual emissions are more than 5 tons per year but less than 100 tons per year.	$250.00
C	Facility whose potential and actual emissions are 5 tons or less per year.	$50.00

 

(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 10-27-21, p. 40504, Art. II, § 5)

Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-680, which prohibited the spraying of asbestos.