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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)
No installation or modification shall be made which is not in accordance with the information contained in the application including the plans, specifications and other pertinent information and conditions upon which the installation or modification permit was issued without the prior written approval of the Commissioner.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
A violation of the permit to install or modify shall be sufficient cause for the Commissioner to stop all work in connection with said permit, and he or she is hereby authorized to seal the installation or modification without notice. No further work shall be done until the Commissioner is assured that the condition in question will be corrected and that the work will proceed in accordance with the permit to install or modify.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
Unless otherwise stated in the application for permit to install or modify, if installation or modification is not begun within six (6) months nor completed within one (1) year from the date of the issuance of the permit, such permit shall automatically become void and all fees paid shall be forfeited unless an extension of time is granted by the Commissioner.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
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