(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)
(a) No person shall operate or cause to be operated any source or any equipment pertaining thereto that discharges any air contaminants into the atmosphere, when control equipment has been installed to permit operation in conformity with the provisions of this Code and such control equipment is not being operated, except as set forth in subsections (b) and (c) hereof.
(b) Exception for scheduled maintenance of control equipment.
(1) In the event that it becomes necessary to shutdown any control equipment for scheduled maintenance unaccompanied by shutdown of the emission source, it shall not be deemed to be a violation of subsection (a) hereof, provided the person owning, operating or in charge of such source notifies the Commissioner at least seventy-two (72) hours prior to the planned shutdown of the intent to shutdown such equipment and provided further that the Commissioner gives written approval of the proffered planned maintenance schedule. Prior notice shall include, but is not limited to, the following:
A. Identification and location of the specific control equipment, including number of permit to operate issued by the Commissioner, to be taken out of service;
B. The expected length of time that the air pollution control equipment will be out of service;
C. The nature and quantity of emissions of air contaminants likely to occur during the shutdown period;
D. Measures such as the use of offshift labor and equipment that will be taken to minimize the length of the shutdown period;
E. The reasons that it would be impossible or impractical to shutdown the source operation during the maintenance period;
F. A demonstration that any interim control measures have reduced or will reduce emissions from the source during the shutdown period.
(2) The Commissioner retains the responsibility to evaluate any report submitted pursuant to this section. Upon a determination that a shutdown was or has become avoidable or was induced or prolonged in bad faith or that the requirements of subsections (b)(1)D., E. and F. hereof have not been fulfilled, then the Commissioner shall take appropriate action under the provisions of this Code.
(c) Exception for Breakdown of Equipment (Malfunctions). The requirement of subsection (a) shall not apply where the only reason for the failure to operate the control equipment, when the source is operating, is because of the breakdown of such equipment, and provided further that the owner or operator of such control equipment complies with the provision of Section 279.01(a).
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
No person shall install, modify or use any air contaminant source or control equipment or any equipment pertaining thereto for the purpose of diluting or concealing an emission without resulting in a reduction in the total release of air contaminants to the atmosphere nor shall a person do anything or commit any act with the intent to distort stack test emission results or visible emission opacity readings.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
(a) The Commissioner may require a periodic data registration and shall prepare appropriate forms for such purpose. The data to be registered shall include plans and specifications for any air contaminant source of control equipment and the submission required under this section is in addition to the submission of plans and specifications under Sections 257.01 and 259.03. The Commissioner may use such information to prepare emission inventories.
Plans and specifications for an air contaminant source or control equipment shall show type of installation, the form and dimension of such equipment, the location of sources or emissions, dimensions of the building or part thereof in which equipment is located, amount of work to be accomplished by such equipment, type of fuel used, means of limited emissions to conform to limitations set forth in this Code and written evidence to substantiate information required, such as test data, calculated values, material balance, maximum quantity of fuel to be burned per hour, operating requirements, purpose and use of equipment, means of ventilating room in which equipment is located, raw material used, products produced, operating schedules and such other information as may be required by the Commissioner.
(b) No person shall fail to timely supply the Commissioner with required information, data, reports or other documentation as and when required.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
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