(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)