257.01 Application and Approval Required
257.02 Criteria for Granting Permits
257.03 Action on Application for Permit
257.04 Alternative Action on Application for Permit
257.05 Applicability of Permit
257.06 Violation of Permit
257.07 Time Limit on Permits
257.08 Registration of Contractors
257.09 Coordination of Departments
257.10 Issuance of Permits by Other Departments
257.11 Failure to Make Application or Obtain Permit or Approval Prior to Work
(a) No person shall install any new air contaminant source or control equipment or modify any existing air contaminant source or control equipment for use within the city until an application, including not less than two (2) sets of properly prepared plans and specifications of the air contaminant source or control equipment and structures or buildings used in connection therewith, has been filed by the person or his or her agent in the office of, and has been approved by, the Commissioner, and until an installation permit has been issued by the Commissioner for such installation or modification.
(b) Application for permits to install or modify shall be made on forms prepared by the Commissioner and shall contain such information as he or she deems necessary to determine whether the permit should be issued. The information required in such applications including plans and specifications shall include the form and dimensions of the air contaminant source or control equipment, together with the description and dimensions of the building or part thereof in which such equipment is to be located, including the means provided for admitting the air for combustion process; the character and composition of the fuel to be used; the maximum quantity of such fuel to be burned per hour; the kind and amount of raw materials processed; the nature, source and quantity of uncontrolled and controlled emissions; the type, size and efficiency of control facilities; the operating requirements; the use to be made of such air contaminant source or control equipment; contaminant concentration, gas volume and gas temperature at the emission point; the location and elevation of the emission point relative to nearby structures and window openings; a flow diagram showing the equipment under consideration and its relationship to other processes, if any, and a general description of these processes, and any other reasonable and pertinent information that may be required by the Commissioner.
(c) Applications for permits to install or modify shall be signed by the responsible person performing the installation or modification and by the corporate president or vice president reporting directly to the president or highest ranking corporate officer with offices located in Cuyahoga County; or by an equivalently responsible officer in the case of organizations other than corporations; or, in other cases, by the source owner or operator. Such signature shall constitute personal affirmation that the statements made in the application are true and complete, complying fully with applicable City requirements and shall subject the responsible official to liability under applicable City laws forbidding false and misleading statements.
(d) The applicant’s signature shall constitute an agreement that the applicant shall assume responsibility for the installation, modification or location of such source or facility in accordance with this Code and with all other applicable rules and regulations, and terms and conditions.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
No permit to install or modify an air contaminant source or control equipment shall be wanted until the applicant demonstrates to the satisfaction of the Commissioner that:
(a) Such installation or modification will not result in the discharge of air contaminants in excess of the limitations established by this Code or the Federal Standards of Performance for New Sources promulgated by the Administrator of the Federal Environmental Protection Agency pursuant to Section III of the Clean Air Act, whichever are more stringent;
(b) Such installation incorporates the best available control technology;
(c) The information required by the Commissioner in the application has been supplied or is adequate for the evaluation of the application for permit to install or modify;
(d) Such installation or modification is provided, at the expense of the applicant, with any sampling and testing facilities the Commissioner may require, including, but not limited to:
(1) Sampling ports of a size, number and location as the Commissioner may require;
(2) Safe access to each port; and
(3) Instrumentation to monitor and record emission data.
(e) Such installation or modification will not create a nuisance or otherwise violate any other provision of this Code or the rules and regulations promulgated pursuant thereto;
(f) Such installation or modification will operate without preventing or interfering with the attainment or maintenance of any applicable ambient air quality standard or cause any significant degradation in ambient air quality.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
(a) An application for permit to install any new air contaminant source or control equipment shall be approved or denied by the Commissioner within sixty (60) calendar days after it is filed in the office of the Division of Air Pollution Control.
(b) An application for permit to modify any existing air contaminant source or control equipment shall be approved or denied by the Commissioner within sixty (60) calendar days after it is filed in the office of the Division of Air Pollution. If such application for permit to modify is not acted upon by the Commissioner within said sixty (60) day time period, the application for permit to modify shall serve as authorization for the applicant to commence with work on such modification. Such authorization shall not be construed to prevent the Commissioner from approving or denying the application for permit to modify at a later date. Nor shall such authorization be construed as relieving the applicant of the responsibility of meeting the requirements of other applicable provisions of this Code nor shall it serve as a guarantee of immunity from prosecution or legal action for violations of other applicable provisions of this Code.
(c) Approval of the application for a permit to install or modify may, at the discretion of the Commissioner, include a condition requiring emission tests to be conducted upon completion of installation for which the permit to install or modify has been issued, and other special terms and conditions, to establish compliance with the emission limitations of this Code. The Commissioner shall notify the person applying for the permit to install or modify of his or her approval, or reasons for denial, of the application in writing. Upon the approval of the application and upon payment of the prescribed fees, the Commissioner shall issue a permit for the installation or modification of such air contaminant source or control equipment.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
In the event the plans, specifications and information submitted to the Commissioner pursuant to Section 257.01 reveal a proposal to install or modify any new or existing air contaminant source of complex design or operational change of a complex nature involving technological ingenuity or advances of considerable magnitude, the Commissioner may, at his or her option, and in lieu of issuing a permit to install or modify, require the applicant to file with the Commissioner a statement setting forth the reasons he or she believes that the proposed equipment installation or modification will comply with all of the applicable provisions and limitations set forth in this Code. Upon filing of such a statement, and with the written approval of the Commissioner, the applicant may proceed with the proposed installation or modification, subject, however, to all of the provisions of this Code.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
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