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(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)
Permits to operate air contaminant sources or control equipment shall be renewed according to the schedule of periodic inspections of designated classes of equipment as determined by rule or regulation of the Commissioner. No period of time between inspections shall exceed three (3) years.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
(a) A permit to operate or a conditional permit to operate may be denied or once granted, may be revoked:
(1) Incident to any discontinue and seal order;
(2) In an emergency where operation of the subject air contaminant source or control equipment may be dangerous to persons or property;
(3) Where no air pollution control equipment or modification, if required, has been installed to permit operation in conformity with the provisions of this Code;
(4) Where the air contaminant source or control equipment is of such condition or so installed that it cannot be or is not being operated in conformity with the provisions of this Code;
(5) Upon failure or refusal of the person responsible to submit information required by the Code;
(6) Upon failure or refusal of the person responsible to comply with an abatement order issued under the provisions of Section 255.04;
(7) Upon failure or refusal of the person responsible to comply with the terms and conditions of any permit granted by the Commissioner under provisions of this Code;
(8) Upon failure or refusal of a person responsible to comply with the terms and conditions of any conditional permit granted by the Commissioner under the provisions of this Code;
(9) Upon failure or refusal of the person responsible to comply with the provisions of Chapter 283.
(b) Notice in writing shall be sent by the Commissioner to persons in violation of subsections (a)(1), (a)(4), (a)(5), (a)(7) and (a)(9) hereof, except pursuant to Section 255.04, demanding compliance within a time limit set forth therein, or within a time limit extension granted by the Commissioner prior to the revocation of an existing permit to operate.
(c) Denial or revocation of a permit to operate or conditional permit to operate shall not be a bar to prosecution for violation of any of the provisions of this Code.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
The issuance of a permit to operate shall not operate as a guarantee of immunity from prosecution or other legal action for violations occurring during the period covered by the permit. Failure to operate under test within the limitations and requirements of this Code shall constitute sufficient grounds for ordering changes in the air contaminant source or control equipment or appurtenances thereto before a permit to operate can be granted or renewed. When the Commissioner refuses to issue a permit to operate, the Commissioner is authorized to seal the air contaminant source or control equipment until the person required to procure the permit to operate has complied with the provisions of this Code.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
In any hearing of the Municipal Court or any court of competent jurisdiction, the fact of operation without a valid permit to operate or variance, together with testimony as to ownership or responsibility from the records of the Division of Air Pollution Control, shall be prima facie evidence of unlawful emissions and that the air contaminant source or control equipment for which the permit to operate or variance is not in effect is being operated in violation of the provisions of this Code.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
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