§ 95.013 NOTICE OF VIOLATION.

   If the Director has reason to believe an emission from any source violates the provisions of §§ 95.105 to 95.116, 95.130 to 95.138, and 95.150 to 95.155, he or she may, instead of acting under § 95.999, issue to the owner or operator of the source in question a violation notice.

   (A)   (1)   Any person who is issued a violation notice may, within 15 days from the date of receipt of the notice, submit data to the Director indicating reasons why he or she does not believe he or she was in violation of §§ 95.105 to 95.116, 95.130 to 95.138, and 95.150 to 95.155.

      (2)   The Director shall review the data submitted and, within 15 days, either affirm or withdraw the violation notice by informing, in writing, the person receiving the notice of the decision to affirm or withdraw.

      (3)   In the case where the data is not submitted to the Director within the 15 days stipulated, the violation shall be considered still in force and affirmed.

   (B)   (1)   In the case of a violation of §§ 95.105 to 95.116, 95.130 to 95.138, and 95.150 to 95.155, the person cited, within ten days of receipt of the Director’s decision to affirm the violation notice or within ten days of a decision of the Advisory and Appeals Board if appeal is taken from the Director’s decision to affirm the violation notice, may ask that emission tests be performed to determine the extent of emissions from the operation which is the subject of the particulate emission violation notice.

      (2)   If the emission tests indicate that the total amount of particulate matter exceeds the maximum allowable emission standard applicable to the operation under §§ 95.105 to 95.116, 95.130 to 95.138, and 95.150 to 95.155, the violation notice shall be considered substantiated.

      (3)   If the emission tests indicate that the total amount of particular matter is equal to or less than the emission standard applicable to the operation under §§ 95.105 to 95.116, 95.130 to 95.138, and 95.150 to 95.155, then the violation notice shall be considered void.

(Prior Code, § 102.013)