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SAMPLES AND TESTING; INSPECTION
(A) The Director of the Department of Environmental Management is hereby authorized to take samples and conduct or cause to be conducted any test or tests of any new or existing source, equipment, operation, process or control equipment, producing, utilizing or creating air pollution, solid waste, water or noise pollution which, in the Director’s opinion, may result in emissions or discharges in excess of the standards prescribed in this chapter.
(B) (1) Upon notification by the Director, or his or her authorized representative, that samples or tests are considered necessary, a person may elect to conduct the tests or take such samples themselves. In this event, the person shall notify the Director of his or her decision in writing setting the time and date of the sampling or testing. All tests conducted shall be in a manner acceptable to the Director, and a complete detailed report of the sampling or testing shall be submitted to the Director.
(2) The Director may stipulate that a representative of his or her office be present during the conducting of the sampling or testing and may stipulate a reasonable time limit for the completion of the sampling, testing, report preparation and submittal.
(C) Nothing in this section concerning samples taken or tests conducted by and paid for by any person or his or her authorized agent shall be deemed to abridge the rights of the Director, or his or her authorized representative, to conduct separate or additional tests of any new or existing source, equipment, process or control equipment, producing, utilizing or creating air pollution, solid waste, water or noise pollution on behalf of the city at a reasonable time and at the city’s expense except as provided below.
(Prior Code, § 102.35) (Ord. 7102, passed 12-19-1988)
It shall be the responsibility of the owner or operator of the operation tested to provide, at his or her expense, reasonable and necessary openings or access to the source, equipment, process or control equipment, and safe and easy access thereto, to permit technically valid samples and measurements to be taken.
(Prior Code, § 102.36) (Ord. 7102, passed 12-19-1988)
If the samples taken or tests conducted as a result of procedures outlined in § 102.065 substantiate that a violation exists, the person or persons liable for the violation shall be responsible for paying all attendant costs for conducting said tests. If the tests do not substantiate that the violation exists, then the city shall be responsible for paying all attendant costs for conducting the tests. This latter condition shall not obviate the owner’s or operator’s responsibilities set forth in § 102.066. Provided, however, if the owner or operator elects to take his or her own samples or conduct his or her own discharge or emission tests as stipulated in §§ 102.065 and 102.066 the persons so electing shall pay for these tests irrespective of their outcome.
(Prior Code, § 102.37) (Ord. 7102, passed 12-19-1988)
Any person who in any manner hinders, obstructs, delays, resists, prevents or in any manner interferes or attempts to interfere with the Director, or his or her authorized representatives, or police officers, in the performance of any duty enjoined, or shall refuse to permit the Director or such representatives or officers to perform their duty by refusing them, or either of them, entrance at reasonable hours to any premises in which the provisions of this chapter are being violated or are suspected of being violated, or refuse to permit the inspection or examination of the premises for the purpose of the enforcement of this chapter, shall be subject to the fines hereinafter provided.
(Prior Code, § 102.38) (Ord. 7102, passed 12-19-1988) Penalty, see § 102.999
FEES
(A) A charge of $200 per permit shall be assessed for the Department’s issuance thereof for each fuel burning unit, combustion unit, incineration unit, process unit, air pollution control unit, storage tank for petroleum products or volatile products per unit or tank or other such equipment, except as provided below.
(B) (1) However, any industrial furnace or industrial blower that burns hazardous waste as that term may be defined by Title 40 C.F.R. part 261 or incorporated in 329 I.A.C. § 3.1-6, shall be required to pay an annual operation permit fee of $46,718 for calendar year 1994, to cover the cost of monitoring (35 hours per week) the operation of the facility containing the industrial furnace or boiler, and any additional duties related to the facility under the jurisdiction of the city’s Department of Environmental Management.
(2) The operation permit fee, in subsequent calendar years during which calendar year the industrial furnace or boiler is engaged in burning of hazardous waste, as that term may be defined by Title 40 C.F.R. part 261 or 329 I.A.C. § 3.1-6 shall be determined by those costs itemized as part of the city’s Department of Environmental Management budget, which shall be submitted by the city’s Department of Environmental Management by the Mayor and approved by the City Council for each calendar budget period. The operation permit fee shall cover the cost of an engineer’s salary, fringe benefits, and other specific costs related to the monitoring of the industrial furnace or boiler that burns hazardous waste under this chapter, including but not limited to appropriate equipment and baseline medical examinations. However, in no case shall any proposed or budgeted increase in the subsequent operation permit fee be more than the annual percentage increase awarded to other comparable employees of the city. Should a facility begin operations pursuant to a permit issued after January 1 of the calendar year, the annual operation permit fee shall be pro- rated from the date of issuance of the permit.
(C) (1) Any engineer hired pursuant to the provisions of division (B) shall be a person with a 4-year degree in engineering or life sciences and shall sign the following restrictive covenant agreement for the benefit of both the city’s Department of Environmental Management and any permit holder so as to protect the confidential information, trade secrets and marketing data of the permit holder: “In consideration of the confidential information and trade secrets and marketing the information and knowledge that I will obtain as an employee of the Hammond Department of Environmental Management regarding the business affairs, trade secrets and marketing activities of any Permit Holder, I do hereby agree to maintain same in strict confidence and I shall not enter into any employment or with any business which is competitive to any Permit Holder to which I am assigned and I will not seek or accept employment with any business, whether a proprietorship, partnership or corporation, operating as an industrial furnace or industrial boiler that burns hazardous waste as a fuel or for purposes of destruction and this Restrictive Covenant shall apply for a period of three (3) years from the date of termination of my employment with the Hammond Department of Environmental Management and shall geographically include any business or employment based or located within a Five Hundred (500) mile radius of the boundary of the City of Hammond, Indiana or any city or county in the United States in which the Permit Holder shall have a plant or business operation involving an industrial furnace or industrial boiler that burns hazardous waste. This Restrictive Covenant is executed as part of my employment agreement with the Hammond Department of Environmental Management and shall be enforceable by the Hammond Department of Environmental Management or any Permit Holder to whom I am assigned and shall remain a condition of my employment and an obligation and covenant not to work for, own or operate a competing business and as heretofore set forth and defined after termination of my employment with the Hammond Department of Environmental Management.”
(D) Any permit holder subject to the provisions of division (B) above shall be furnished with copies of all time records and inspection reports prepared by the monitoring engineer and shall receive in advance any reports submitted to the Indiana Department of Environmental Management - Office of Air Management or any other governmental agency. In addition, at the request of an authorized representative of the permit holder, the monitoring engineer shall review any preliminary observations of deficiencies, as well as any preliminary opinions and conclusions made during the inspection, prior to leaving the facility.
(E) The monitoring activities of the city’s Department of Environmental Management engineer may be conducted on the premises of the industrial furnace or boiler subject to this chapter, but such monitoring on the premises of the facility shall be:
(1) Performed only following a 2 business hours verbal notice to the company and during normal city’s Department of Environmental Management business hours unless the monitoring engineer is conducting an inspection as a result of a complaint, malfunction, spill or violation investigation.
(2) Done at all times in company with an authorized representative of the owner or operator, which the owner or operator is obligated to provide.
(3) Performed only after the owner or operator has received and approved verification that the engineer has received and all necessary training required under Title 29 C.F.R. § 1910.120 and Title 29 C.F.R. § 1910.1200 and medical reviews and personal protective equipment, as required by appropriate federal or state regulations or facility policies for individuals who may be physically present for up to 35 hours per week in areas where hazardous wastes are being received or handled.
(4) In compliance with all facility policies and procedures, which do not conflict with governing state law, relating to security, site access and any other established policies, procedures and rules established for the safety and convenience of facility employees and for visitors, which do not conflict with governing state law. However, the company will not adopt and/or alter its policies and procedures to preclude the inspector from carrying out the intent this section.
(F) In addition to the annual operation permit fee identified above, the owner or operator of the industrial furnace or boiler shall within 3 months from the issuance of the initial permit pursuant to this section, fund the purchase of, or donate, a van and air monitoring equipment to the city, the specifications for which shall be established by the city’s Department of Environmental Management, to be utilized by the city’s Department of Environmental Management for the purpose of performing periodic monitoring of the ambient air in the city. The total cost of the van and air monitoring equipment.
(Prior Code, § 102.45) (Ord. 7442, passed 12-9-1991; Am. Ord. 7675, passed 4-25-1994) Penalty, see § 102.999
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