(A) Where emission sources in existence prior to January 30, 1967, do not meet the emission limitations noted in this chapter, then a program to meet the emission limitations stipulated shall be developed and offered to the Chief of the Department of Air Pollution Control by the owner or seller of the equipment causing the emission. This program shall be submitted upon the request of and within the times as shall be fixed by the Chief, and after the program has been approved by the Chief, the owner or seller of the equipment causing the emission shall not be in violation of this chapter so long as the program is observed. In evaluating a program of improvement, the Chief shall take into consideration the following factors.
(1) Action taken to control atmospheric pollution within emission limitations in effect prior to January 30, 1967;
(2) Efficiency of any existing control equipment relative to that which would be required to meet emission limitations of this chapter;
(3) Temporary interim control measures intended to minimize existing pollution levels;
(4) The effect the source of emission has on ambient air quality generally or in the immediate vicinity of the source;
(5) The degree of control in relation to other similar facilities which produce air pollution; and
(6) The age and prospective life of the facility in question.
(B) (1) Reports consisting of information required by the Chief indicating the progress of these programs shall be submitted annually to the Chief by the owner or seller of the equipment causing the emission in question.
(2) If the program is not followed, the Chief may suspend the program and issue a violation notice.
(3) In the event the owner or seller of the equipment causing the emission and the Chief cannot evolve a mutually acceptable program of improvement, the matter shall be referred to the Air Pollution Control Board for resolution and determination of an acceptable program which shall be binding on both the owner or seller and the Chief.
(4) In making their determination, the Air Pollution Control Board shall also take into consideration the factors noted in divisions (A)(1) through (A)(6) above.
(Prior Code, § 90.075) (Ord. 3522, passed 1-23-1967) Penalty, see § 10.99