CHAPTER 265 – VISIBLE AIR CONTAMINANT LIMITATIONS
265.01   Visible Emission Limitations from Any Single Source of Emission
265.02   Visible Emission Limitations from Mobile Equipment
265.03   Authority to Establish New Visible Emission Limitations
265.04   Exceptions
Cross-reference:
   Air contaminant defined, CO 251.03
   Exemptions, CO Ch. 261
   Visible emission defined, CO 251.68
§ 265.01 Visible Emission Limitations from Any Single Source of Emission
   (a)   No person shall discharge into the atmosphere from any single source of emission whatsoever any air contaminant of a shade or density equal to or darker than that designated as No. 1 on the Ringelmann Chart or twenty percent (20%) opacity, except as set forth in the applicable provisions of this chapter and Chapter 277.
   (b)   A person may discharge into the atmosphere from any single source of emission for a period or periods aggregating not more than three (3) minutes in any sixty (60) minutes air contaminants of a shade or density equal to or darker than that designated as No. 1 on the Ringelmann Chart or twenty percent (20%) opacity but not darker than No. 3 on the Ringelmann Chart or sixty percent (60%) opacity.
(Ord. No. 141-79. Passed 12-17-79, eff. 12-19-79)
§ 265.02 Visible Emission Limitations from Mobile Equipment
   (a)   No person shall discharge or cause to be discharged from any gasoline-powered vehicle any visible air contaminants for a consecutive period greater than five (5) seconds.
   (b)   No person shall discharge or cause to be discharged from any diesel-powered vehicle, including diesel-drive motorboat and diesel locomotives, any visible air contaminants darker in shade or density than that designated as No. 1 on the Ringelmann Chart, or twenty percent (20%) opacity, for a consecutive period greater than five (5) seconds.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
§ 265.03 Authority to Establish New Visible Emission Limitations
   (a)   The Commissioner is hereby authorized to establish new visible emission limitations for any air contaminant source equipped with control equipment if upon emission tests he or she finds that such source is in compliance with all other applicable emission limitations, as established in this Code, but during the time such emission tests are being conducted the source fails to meet the requirements of Section 265.01
   (b)   No new visible emission limitations shall be established by the Commissioner, pursuant to subsection (a) hereof, unless the owner or operator of the affected air contaminant source and associated control equipment petitions the Commissioner and proves to the satisfaction of the Commissioner that:
      (1)   The affected air contaminant source and associated control equipment were operated and maintained in a manner to minimize the opacity or degree of emissions during the emission tests;
      (2)   The emission tests were performed under the conditions established and monitored by the Commissioner or his or her representative;
      (3)   The affected air contaminant source and associated control equipment were incapable of being adjusted or operated to meet the applicable visible emission standard.
   (c)   Upon establishment by the Commissioner, pursuant to subsections (a) and (b) hereof, of new visible emission limitations for any air contaminant source equipped with control equipment, such new visible emission limitations shall become effective after two (2) successive publications in the City Record.
   (d)   No person, owner or operator shall discharge into the atmosphere from any single source of emission whatsoever for which new visible emission limitations were established by the Commissioner air contaminants of a shade or density in excess of the new visible emission limitations as established by the Commissioner, pursuant to the requirements of this section.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
§ 265.04 Exceptions
   (a)   Where the presence of uncombined water is the only reason for failure of an emission to meet the limitations established under this chapter, the limitations set forth in such sections shall not apply.
   (b)   The limitations on visible air contaminants established by Section 265.01 shall not apply to open burning when a permit to open burn has been granted by the Commissioner under authority of Section 277.09.
   (c)   The Commissioner is hereby authorized to exempt any source from compliance with the limitations of Sections 265.01 and 265.03 for periods of startup and shutdown. Such exemption may be granted by the Commissioner upon request of the owner or operator of any source and proof to the satisfaction of the Commissioner that such exemption is necessary. Such exemption shall be incorporated into the terms and conditions of permits to operate, variances, consent agreements or by written permission of the Commissioner.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)