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(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)
The Commissioner or his or her authorized representative or representatives may enter upon private or public property, including improvements thereon, at any reasonable time or when a source is being operated or when a violation of the applicable provisions of this Code has occurred or may occur, for the purpose of making inspections, conducting tests and examining records or reports pertaining to any emission of air contaminants and of determining if there are any actual or potential emissions from such premises, and if so, to determine the sources, amounts, contents and extent of such emissions or to ascertain compliance with sections of this Code, any orders or regulations adopted thereunder or any other determination of the Commissioner. If entry or inspection authorized by this section is refused, hindered or thwarted, the Commissioner or his or her authorized representative may by affidavit apply for, and any judge of a court of record may issue, an appropriate inspection warrant necessary to achieve the purposes of this Code within the court’s territorial jurisdiction.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)