283.01 Episode Prevention
283.02 Declaration of an Air Pollution Episode
283.03 Emission Control Action Programs
283.04 Emergency Orders
283.05 Breakdowns (Malfunctions) During an Episode
283.06 Scheduled Maintenance of Control Equipment During an Episode
Cross-reference:
Commission to notify of excessive safe levels, CO 255.02
Commission to notify of excessive safe levels, CO 255.02
Statutory reference:
Emergency action, declaration and enforcement, RC 3704.032
Emergency action, declaration and enforcement, RC 3704.032
(a) Pursuant to RC 3704.032, or as subsequently amended, and pursuant to regulations issued thereunder, the Governor of the State of Ohio may declare that an air pollution alert, air pollution warning or air pollution emergency exists affecting any or all sources within the City of Cleveland.
(b) Orders pursuant to the declaration of an air pollution alert, air pollution warning or air pollution emergency shall take effect upon issuance, and no person to whom an order is directed shall fail to initiate compliance measures immediately upon receiving notice.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
(a) Any person responsible for the operation of a source of air contaminant which emits twenty-five hundredths (0.25) tons per day or more of air contaminants for which air quality standards have been adopted shall prepare emission control action programs consistent with good industrial practice and safe operating procedure for reducing the emission of air contaminants into the outdoor atmosphere during periods of an air pollution alert, air pollution warning and air pollution emergency. Emission control action programs shall be designed to reduce or eliminate emissions of air contaminants into the outdoor atmosphere in accordance with the objectives set forth in Tables IV to VIII which are made a part of this section.
(b) Emission control action programs as required under subsection (a) hereof shall be in writing and show the source of air contamination, the approximate amount of reduction of contaminants, the approximate time required to effect the program, a brief description of the manner in which the reduction will be achieved during each stage of an air pollution episode and such other information as the Commissioner deems pertinent.
(c) Emission control action programs shall be filed with the Commissioner at the following times:
(1) Existing sources; not later than ninety (90) days after adoption of this Code;
(2) New sources; with application for permit to install or modify;
(3) The provisions of subsection (c)(1) hereof shall not apply if an emission control action program was filed with the Division of Air Pollution Control, as agent for the Ohio Environmental Protection Agency in Cuyahoga County, prior to the adoption of this Code.
(d) During a condition of air pollution alert, air pollution warning and air pollution emergency, emission control action programs as required by subsection (a) hereof shall be made available on the premises to the Commissioner or his or her authorized representative.
(e) Emission control action programs shall be subject to review and approval by the Commissioner. If, and in the opinion of the Commissioner, such emission control action programs do not effectively carry out the objectives as set forth in Tables IV to VIII, the Commissioner may disapprove such emission control action programs, state his or her reasons for disapproval and order the preparation of amended emission control action programs within the time period specified in the order.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
When the Governor declares an air pollution alert, air pollution warning or air pollution emergency the following procedures shall immediately be put into effect:
(a) Air Pollution Alert.
(1) Any one or combination of air contaminants: “Any person responsible for the operation of a source of air contamination shall take all air pollution alert actions as required for such source of air contamination; and shall particularly put into effect, the emission control action programs for an air pollution alert.”
(2) Suspended particulate matter:
A. “There shall be no open burning by any person of tree waste, vegetation, refuse or debris in any form.”
B. “The use of incinerators for the disposal of any form of solid waste will be limited to the hours between 12:00 noon and 4:00 pm.”
C. “Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall perform such operations only between the hours of 12:00 noon and 4:00 pm.”
(3) Nitrogen oxides, carbon monoxide and hydrocarbons:
A. “There shall be no open burning by any person of tree waste, vegetation, refuse or debris in any form.”
B. “The use of incinerators for the disposal of any form of solid waste shall be limited to the hours between 12:00 noon and 4:00 pm.”
(b) Air Pollution Warning.
(1) Any one (1) or combination air contaminants: “Any person responsible for the operation of a source of air contamination shall take all air pollution warning actions as required for such source of air contamination; and shall particularly put into effect the emission control action programs for an air pollution warning.”
(2) Suspended particulate matter:
A. “There shall be no open burning by any person of tree waste, vegetation, refuse or debris in any form.”
B. “The use of incinerators for the disposal of any form of solid waste or liquid waste shall be prohibited.”
C. “Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall perform such operations only between the hours of 12:00 noon and 4:00 pm.”
(c) Air Pollution Emergency.
(1) Any one or combination of air contaminants:
A. “Any person responsible for the operation of a source of air contamination shall take all air pollution emergency actions as listed as required for such source of air contamination and shall particularly put into effect the emission control action programs for an air pollution emergency.”
B. “All manufacturing establishments will institute such action as will result in maximum reduction of air contaminants from their operations by ceasing, curtailing or postponing operations which emit air contaminants to the extent possible without causing injury to persons or damage to equipment.”
C. “All places of employment described below shall immediately cease operations:”
“Mining and quarrying of non- metallic minerals.”
“All contract construction work except that which must proceed to avoid physical harm.”
“Wholesale trade establishments, i.e., places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional users or to other wholesalers or acting as agents in buying merchandise for or selling merchandise to such persons or companies.”
“All offices of local, County and State government including authorities, joint meetings and any other public body, except to the extent that such offices must continue to operate in order to enforce the requirements of this order or are vitally essential to the preservation of order, safety, health utility services and other related services, pursuant to City ordinance or State statute.”
“All retail trade establishments, except pharmacies and stores, primarily engaged in the sale of food.”
“Banks; credit agencies other than banks; securities and commodities brokers, dealers, exchanges and services; offices of insurance carriers, agents and brokers; real estate offices.”
“Wholesale and retail laundries; laundry services and cleaning and dyeing establishments; photographic studios; beauty shops, barber shops, shoe repair shops.”
“Advertising offices; consumer credit reporting, adjustment and collection agencies; duplicating, addressing, blue-printing, photocopying, mailing, mailing list and stenographic services, equipment rental services; commercial testing laboratories.”
“Establishments rendering amusement and recreation services, including motion picture theaters.”
“Elementary and secondary schools, colleges, universities, professional schools, junior colleges, vocational schools and public and private libraries.”
D. “There shall be no open burning by any persons of tree waste, vegetation, refuse or debris in any form.”
E. “The use of incinerators for the disposal of any form of solid waste or liquid waste shall be prohibited.”
F. “The use of motor vehicles is prohibited except in emergencies with the approval of City or State police.”
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)
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