608.10 EXEMPTIONS.
(a) Any person responsible for any source of air contaminant may apply to the Department for an exemption or partial exemption from the provisions of Section 608.07. The application shall be accompanied by such information and data as the Department may require. The Department may grant such exemption or partial exemption if it finds that:
(1) The discharges occurring or proposed to occur do not constitute a danger to public health or safety; and
(2) Compliance with the provisions of Section 608.07 from which exemption is sought would produce serious hardship without equal or greater benefits to the public.
(b) In connection with the requirement of Ringelmann No. 1 (smoke density reading on the Ringelmann Chart), exemptions will normally be granted provided that the temporary emission shall not exceed Ringelmann No. 2 for a period of three minutes in an hour, unless the Department finds that undue hardship to the applicant will not result from denial of the exemption.
(c) No exemption or partial exemption shall be granted pursuant to this section except after public hearing on due notice and until the Department has considered the relative interests of the applicant, other owners of property likely to be affected by the discharges and the general public.
(d) No exemption or partial exemption issued pursuant to this section shall be granted for a period to exceed one year, but any such exemption or partial exemption may be renewed for like periods if no complaint is made to the Department on account thereof or if, after such complaint has been made and duly considered at a public hearing held by the Department on due notice, the Department finds that renewal is justified. No renewal shall be granted except on application therefor. Any such application shall be made at least sixty days prior to the expiration of the exemption or partial exemption. Immediately prior to making his application for renewal the applicant shall give public notice of such application in accordance with the rules and regulations of the Department. Any renewal granted pursuant to this subsection shall be on the same grounds and subject to the same limitations and requirements as provided in subsection (a) of this section.
(e) An exemption, partial exemption or renewal thereof shall not be a right of the applicant or holder thereof but shall be in the discretion of the Department.
(f) Nothing in this section and no exemption, partial exemption or renewal granted pursuant hereto shall be construed to prevent or limit the application of the emergency provisions and procedures of Section 608.09 to any person or his property.
(Ord. 1967-29. Passed 9-26-67.)