§ 90.040  AUTHORITY TO CONDUCT.
   (A)   The Chief of the Department of Air Pollution Control is hereby authorized to conduct or cause to be conducted any test of any new or existing process, fuel burning, refuse burning or control equipment, the operation of which, in his or her opinion, may result in emissions in excess of the limitations in this chapter, or when, in his or her judgment, there is evidence that emissions from the equipment are exceeding any emission limitation prescribed in this chapter.  Upon notification by the Chief that emission tests are considered necessary, a person may elect to conduct the tests himself or herself.  In this event, the person shall notify the Chief of this decision and of the time and date of the testing.  All tests so conducted shall be in a manner acceptable to the Chief, and a complete detailed test report of these tests shall be submitted to the Chief.  The Chief may stipulate that a representative of his or her office be present during the conduct of the tests and may stipulate a reasonable time limit for the completion of the tests.
   (B)   Nothing in division (A) above concerning tests conducted by and paid for by any person or his or her authorized agent shall be deemed to abridge the rights of the Chief or his or her representatives to conduct separate or additional tests of any process, fuel burning, refuse burning or control equipment on behalf of the city at a reasonable time and at the city’s expense, except as provided in § 90.057.
(Prior Code, § 90.030)  (Ord. 3522, passed 1-23-1967)  Penalty, see § 10.99