(A) If the Chief of the Air Pollution Control Department has reason to believe that noise from any source violates the provisions of this chapter, he or she may, instead of acting under § 97.63, issue to the owner or operator of the source in question a violation notice.
(B) 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 does not believe he or she was in violation of §§ 97.20 or 97.21. The Chief shall review the data submitted and within 15 days affirm or withdraw the violation notice by informing, in writing, the person receiving the notice of the decision to affirm or withdraw. Where the data is not submitted to the Chief within the 30 days stipulated, the violation shall be considered still in force and affirmed.
(C) In the case of a violation of § 97.22, the person cited, within ten days of receipt of the Chief’s decision to affirm the violation notice as provided for (or within ten 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 noise tests be performed to determine the extent of noise being emitted from the operation which is the subject of the violation notice. If the noise tests indicate that the amount of noise exceeds the maximum allowable under § 97.22, the violation shall be considered substantiated. If the noise tests indicate that the amount of noise is equal to or less than the standard applicable to the operation under § 97.22, then the violation notice shall be considered void.
(Prior Code, § 97.30)