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The Director may conduct separate or additional tests of an installation on behalf of the City at a reasonable time and at the City’s expense. Sampling holes, safe scaffolding and pertinent allied facilities, but not instruments and sensing devices, as needed shall be requested in writing by the Director and provided by, and at the expense of the owner of the installation at such points as the Director requests. The owner shall provide a suitable power source to the point of testing so that sampling instruments can be operated as required. Analytical results of the samples collected by the Director shall be furnished to the owner.
(Ord. 2494, passed 5-12-1975)
Collected air contaminants shall be removed and disposed of in conformity with existing laws and this ordinance and at such intervals as are necessary to maintain the equipment at the required operation efficiency. Collection and disposal shall be performed in a manner so as not to introduce air contaminants to the outer air.
(Ord. 2494, passed 5-12-1975)
The Director is hereby charged with the enforcement of this ordinance and he may make such appropriate decisions, rulings or orders and he may institute such legal proceedings as may be necessary to carry out the provisions of this ordinance. All decisions, rulings and orders of the Director shall be subject to review by the Air Pollution Appeal Board as provided herein.
(Ord. 2494, passed 5-12-1975)
(a) Whenever the Director has information that any person is violating this ordinance by causing or permitting air pollution, the Director shall make a prompt investigation. If after such investigation, he finds that such violation exists, he shall enter into a voluntary agreement with such person as provided in subsection (2).
(b) In consideration of the provisions of this section or other sections of this ordinance, the Director, after due notice, may enter into a voluntary agreement with a person to abate air pollution under conditions agreed upon by the Director and the person, which agreement may provide for the enforcement of its term by specific performance.
(c) If in the opinion of the Director the person violates the terms of the agreement the Director can proceed to enforce the conditions of the agreement by order or by the institution in a Court of competent jurisdiction of an action for specific performance of such other legal or equitable relief as the Director deems appropriate.
(d) Whenever a person other than a party to the agreement feels himself or herself aggrieved by an agreement entered pursuant to subsection (2), he may file a sworn petition with the Board within 30 days of the issuance of notice of the agreement setting forth the grounds and reasons for his complaint and asking for a hearing of the matter involved. Thereupon the Board shall set a date for a hearing to be held not more than 60 days from the date the petition is filed and shall notify the petitioner thereof. At the hearing the petitioner and any other interested party may appear, present witnesses and submit evidence. A final order or determination of the Board upon the matter following the hearing shall be conclusive.
(e) If a voluntary agreement under this section is not entered into within a reasonable time, set by the Director, the Director may issue and serve upon the person complained against a written notice, together with a copy of the complaint, which shall specify the facts which are the basis for the alleged violation and a proposed order for corrective action which states the time schedule and standards and provisions of this ordinance that are to be met by the person complained against. If a person who is served with a complaint and proposed order agrees with the proposed restrictions of polluting content, waste or pollution and period of time for abatement of pollution which the Director deems necessary, and notifies the Director thereof, unless the person complained against requests a hearing before the Board within 30 days after he receives the order, disposition of the case may be made with the approval of the Director by stipulation or consent order. An order adopted by the Director or the Board shall be final.
(Ord. 2494, passed 5-12-1975)
In addition to the powers set out in § 4-25, the Director may also:
(a) Control and abate air pollution in accordance with this ordinance.
(b) Make, modify or cancel decisions, rulings or orders which require, in accordance with the provisions of this ordinance, the control of air pollution.
(c) Institute in a court of competent jurisdiction proceedings to compel compliance with the provisions of this ordinance.
(d) Accept, or when deemed necessary by him, require to be submitted to him, and consider for approval plans for air cleaning devices or any part thereof and inspect the installation for compliance with the plans.
(e) Enter and inspect any property at reasonable times and places pursuant to reasonable notice for the purpose of investigating either an actual or suspected source of air pollution for ascertaining compliance or noncompliance with this ordinance. Any information relating to secret processes, or methods of manufacture or production obtained in the course of the inspection or investigation shall be kept confidential. If in connection with such investigation or inspection, samples of air contaminants are taken for analysis, a duplicate of the analytical report shall be furnished promptly to the person who is suspected of causing such air pollution.
(f) Receive and initiate complaints of air pollution in alleged violation of this ordinance and take action with respect thereto provided in this ordinance.
(g) Encourage voluntary cooperation by all persons in controlling air pollution.
(h) Cooperate with the appropriate agencies of the United States, the State of Michigan, or other states or any interstate agencies or international agencies with respect to the control of air pollution.
(i) Do such other things as he may deem necessary, proper or desirable in order that he may enforce this ordinance.
(j) Issue installation permits and certificates operation of air contaminant sources and control equipment and to require reports of the operation of the air contaminant sources.
(k) Determine by means of field studies and sampling the degree of air pollution in the City of Flint.
(l) Prepare and develop a general comprehensive plan for the control or abatement of existing air pollution and the control or prevention of any new air pollution.
(m) Conduct and supervise programs of air pollution control education including the preparation and distribution of information relating to air pollution control.
(Ord. 2494, passed 5-12-1975)
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