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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)