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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)
(a) Any person who owns or is in control of any plant, building structure, process, equipment or source may apply to the Commissioner for a variance from the provisions of this Code.
(b) The Commissioner must give public notice of any request for a variance from the provisions of this Code. Public notice shall consist of publication in the City Record and daily newspaper of general circulation in the metropolitan area and shall contain the name of the company, the source, the location, the pollutants, the control strategy, if possible, and the duration of the variance being requested.
(c) No variance shall be granted pursuant to this section except after due consideration by the Commissioner of the relative interests of the applicant, other owners of property likely to be affected by the discharge of emissions and the general public. Interested persons may submit written comments on the variance request to the Commissioner. All relevant comments, received within thirty (30) days after the latest date of publication of the public notice of the variance request in the City Record or daily newspaper or general circulation in the metropolitan area, will be considered.
(d) No variance shall be granted until the applicant shows to the satisfaction of the Commissioner that:
(1) Such source is not a new source or modification; and
(2) The commissioner has approved a compliance schedule for such source.
(e) A compliance schedule shall be approvable where it shows to the satisfaction of the Commissioner that:
(1) The plan and schedule provide for the earliest possible compliance by the source;
(2) Any available alternative operating procedure and interim control measures have reduced or will reduce the impact of such source on the public health;
(3) Good faith efforts have been and will be made to reduce emissions or otherwise comply with this Code or the rules and regulations promulgated therein;
(4) The proposed control strategy will bring the source into compliance with this Code or the rules and regulations promulgated therein;
(5) The compliance schedule contains a date on or before which the source shall be operated in compliance with this Code or the rules and regulations promulgated therein;
(f) A variance request shall be acted upon by the Commissioner within ninety (90) days after receipt in the office of the Commissioner. The Commissioner shall notify the person applying for the variance of the approval or reasons for rejection of the variance request in writing.
(g) The Commissioner shall give public notice of his or her decision on all requests for variances. Public notice shall consist of publication in the City Record and a daily newspaper of general circulation in the metropolitan area.
(h) If granted, a variance shall be effective for whatever period of time the Commissioner deems appropriate. A variance shall not be a right of the applicant or holder thereof but shall be in the discretion of the Commissioner, as provided in subsections (c) and (d) hereof.
(i) The Commissioner may require the variance holder, as part of the terms of the variance, to maintain such monitoring equipment and to make a file of such information, records and reports as he or she deems necessary to insure compliance with the terms of the variance and to evaluate the effect of the emission upon the ambient atmosphere.
(j) No person shall fail to comply with any condition of a variance granted by the Commissioner without prior written approval of the Commissioner. This section shall have no effect upon the date of final compliance as set forth in the variance as granted.
(k) Once granted, a variance may be revoked by the Commissioner:
(1) Upon failure or refusal of the variance holder to maintain monitoring equipment and to make and file information, records, and reports as required by the Commissioner;
(2) Upon failure of the variance holder to meet, or to show good faith effort in meeting, any of the conditions of the variance;
(3) If during the period of the variance the source operation becomes unsafe and endangers the public health.
(l) Nothing in this section and no variance granted pursuant hereto shall be construed to prevent or limit the application of the emergency provisions and procedures of this Code to any person or his or her property.
(m) No variance may be granted which is in any way in conflict with the air pollution regulations of the Ohio Environmental Protection Agency or the United States Environmental Protection Agency.
(n) Denial or revocation of a variance by the Commissioner shall not be a bar to prosecution for violation of any other applicable provision of this Code.
(o) Any request for renewal of a variance shall be acted upon and treated as an original variance application.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)