259.01 Permit to Operate or Variance Prerequisite for Operation
259.02 Permits to Operate Subsequent to Installation or Modification Permits
259.03 Application for Permit to Operate for Existing Sources
259.04 Criteria for Granting of Permits to Operate
259.05 Action on Application for Permit to Operate
259.06 Renewal of Permits to Operate
259.07 Denial or Revocation of Permits to Operate or Conditional Permits to Operate
259.08 Applicability of Permit to Operate
259.09 Prima Facie Evidence of Unlawful Emission
259.10 Variances
Except as otherwise provided in this Code no person shall cause, permit or allow the operation or other use of any air contaminant source or control equipment unless a permit to operate or variance has been granted by the Commissioner, and no such air contaminant source or control equipment shall be operated when such permit to operate or variance has been denied or revoked or becomes void.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
(a) No person shall operate or cause to be operated any air contaminant source or control equipment or any equipment pertaining thereto for which a permit to install or modify was required or was issued under this Code until an inspection has been made by the Commissioner or his or her representative. Such inspection shall be performed within five (5) working days of notification of completion of the installation or modification of such source or control equipment. If an inspection is not performed within five (5) working days, the application for the permit to install or modify will serve as a conditional permit to operate for a period not to exceed thirty (30) days. The person responsible for the installation or modification of any air contaminant source or control equipment or any equipment pertaining thereto for which a permit to install or modify is required shall notify the Commissioner when the work is completed and ready for final inspection. No air contaminant source or control equipment shall be operated for any other purpose or in any other manner than that for which the permit to install or modify was approved and for which a permit to operate has been issued unless otherwise authorized in writing by the Commissioner. After the permit to install or modify has been issued and it is demonstrated to the satisfaction of the Commissioner that the air contaminant source or control equipment can be operated in compliance with this Code, an initial permit to operate shall be issued by the Commissioner. Emission tests may be required by the Commissioner before issuing of an initial permit to operate. Such permit to operate shall be kept posted on or near the installation for which it was issued.
(b) If a new air contaminant source or control equipment that has been installed or if an existing air contaminant source or control equipment that has been modified in accordance with the provisions of a permit to install or modify, and otherwise in accordance with applicable law, is unable to comply with the applicable provisions of this Code on emission limitations as of the date of start-up of operations, the Commissioner may grant, at his or her discretion, a conditional permit to operate such air contaminant source or control equipment for a period not to exceed six (6) months from start-up of operation, provided the period is used to remedy any defect which prevents such compliance and the applicant affirms that such air contaminant source or control equipment will be operated in accordance with all other applicable provisions of this Code for the duration of the conditional permit. Conditional permits to operate may not be renewed and shall contain such terms and conditions as the Commissioner determines necessary and appropriate.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
(a) No person shall cause, permit or allow the operation or other use of any air contaminant source or control equipment existing prior to the adoption of this Code for which no previous permit to install or certificate of operation was issued by the Commissioner subsequent to October 27, 1969, under City of Cleveland Ordinance No. 1659-A-69, or for which no permit to operate or variance was issued, upon recommendation for issuance of such permit by the Commissioner, by the Director of the Ohio Environmental Protection Agency subsequent to October 23, 1972 without applying for and obtaining a permit to operate from the Commissioner as follows:
(1) Applications for permits to operate shall be filed in the office of the Division of Air Pollution Control within six (6) months of the effective date of this Code;
(2) Applications for permits to operate shall be on forms prepared by the Commissioner and shall include 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. Such plans and specifications shall show 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 processes; 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 expected air contaminant emission rate; 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; physical characteristics of particulates emitted; 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; and any other reasonable and pertinent information that may be required by the Commissioner. Failure to comply with any request for information made by the Commissioner shall be cause for rejection of an application.
(b) Applications for permits to operate shall be signed 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 equally 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.
(c) The applicant’s signature shall constitute an agreement that the applicant shall assume responsibility for the operation and 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 operate an existing air contaminant source or control equipment shall be granted until the applicant demonstrates to the satisfaction of the Commissioner that:
(a) The operation of such air contaminant source or control equipment will not result in the discharge of air contaminants in excess of the limitations established by this Code;
(b) The operation of such air contaminant source or control equipment will not create a nuisance or otherwise violate any other provision of this Code or the rules and regulations promulgated therein;
(c) The information required by the Commissioner in the application has been supplied and is adequate for the evaluation of the application for permit to operate.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
An application for permit to operate an existing air contaminant source or control equipment shall be acted upon within sixty (60) calendar days after it is filed in the office of the Division of Air Pollution Control. Approval of the application for a permit to operate may, at the discretion of the Commissioner, include a condition requiring emission tests to be conducted within a reasonable period of time, as determined by the Commissioner, and other special terms and conditions, to establish compliance with the emission limitations of this ordinance. The Commissioner shall notify the person applying for the permit to operate of his or her approval or reasons for rejection of the application in writing. Upon the approval of the application and upon the payment of the prescribed fees, the Commissioner shall issue a permit to operate such air contaminant source or control equipment.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
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