(a) Emissions exceeding any of the limits established under this Code, as direct result of the breakdown of any emission source or control equipment, shall not be deemed to be in violation of such limits, provided the owner or operator immediately advises the Commissioner of the breakdown and no later than four (4) hours after such breakdown advises the Commissioner of the immediate action taken or to be taken; and outlines a corrective program acceptable to the commissioner in writing by certified mail within five (5) days after the occurrence of such breakdown.
(b) In the event that the Commissioner disapproves the proferred corrective program, submitted under subsection (a) hereof or that the repairs to the emission source or control equipment cannot be completed within twenty-four (24) hours from the time of breakdown, the Commissioner may, at his or her discretion, issue a written order to the person owning, operating or in control of such source or equipment to immediately discontinue the operation of such source or equipment or to substantially reduce emissions until such time as corrective measures have been completed. Should the person to whom such order is issued fail to act upon such order, the Commissioner may seal such source or equipment, without further notice for failure to comply with such order.
(c) If under this section, the number of breakdowns of any single emission source or control equipment exceeds three (3) in any one (1) year period, the Commissioner may require an owner or operator to submit a satisfactory maintenance program for such source or equipment. Failure to maintain such source or equipment in accordance with such a maintenance program shall be grounds for revocation of a permit to operate.
(d) No person shall fail to report a breakdown of any emission source or control equipment, as provided for in subsection (a) hereof, that results in the discharge into the atmosphere of air contaminants in excess of any of the limits established under this Code.
(e) No person shall continue to operate any emission source or control equipment following a breakdown of said source or control equipment, that causes the discharge into the atmosphere of air contaminants in excess of any of the limits established under this Code except as otherwise provided for in subsections (a) and (h) hereof.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)