(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)