§ 90.128  VIOLATION NOTICE.
   If the Chief of the Department of Air Pollution Control has reason to believe an emission from any source violates the provisions of §§ 90.005, 90.006, 90.020 through 90.027, 90.120 through 90.122 or 93.005, he or she may, instead of acting under § 10.99 issue to the owner or operator of the source in question a violation notice.
   (A)   Any person who is issued a violation notice may, within 30 days from the date of receipt of the notice, submit data to the Chief indicating reasons why he or she does not believe he or she was in violation of §§ 90.005, 90.006, 90.020 through 90.027, 90.120 through 90.122 or 93.005.  The Chief 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.  In the case where the data is not submitted to the Chief within the 30 days stipulated, the violation shall be considered still in force and affirmed.
   (B)   (1)   In the case of a violation of §§ 90.005, 90.006, 90.020 through 90.027, 90.120 through 90.122 or 93.005, the person cited, within 10 days of receipt of the Chief’s decision to affirm the violation notice, as provided for in this section, or within 10 days of a decision of the Air Pollution Control Board should appeal be taken from the Chief’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 §§ 90.005, 90.006, 90.020 through 90.027, 90.120 through 90.122 or 93.005 then the violation notice shall be considered substantiated.
      (3)   If the emission tests indicate that the total amount of particulate matter is equal to or less than the emission standard applicable to the operation under this chapter, then the violation notice shall be considered void.
(Prior Code, § 90.093)  (Ord. 3522, passed 1-23-1967)  Penalty, see § 10.99