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If emission tests conducted as a result of action of the Air Pollution Control Center substantiate that a violation exists, the person responsible for the violation shall be responsible for paying all attendant costs for conducting the test. In no event shall the City assume the costs of providing openings of access for such testing. When the person responsible elects to conduct his own stack emission tests, then the person so electing shall pay for the test or tests, notwithstanding other provisions of this chapter, and irrespective of the result. The costs of emission tests required by the Commissioner on newly installed equipment for the issuance of the initial permit to install and the issuance of the initial certificate of operation shall not be at the expense of the City regardless of results.
(Ord. 221-70. Passed 7-19-71.)
(a) No person shall build or use any article, machine, equipment or other contrivance, the sole purpose of which is to dilute or conceal an emission without resulting in a reduction in the total release of air contaminants to the atmosphere, nor shall a person do any thing nor commit any act with the intent to distort stack test emission results.
(b) Any person who in any manner hinders, obstructs, delays, resists, prevents or in any manner interferes or attempts to interfere with the Building Commissioner or his representatives in the performance of any duty enjoined, or refuses to permit the Commissioner or such representatives 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 refuses to permit testing or permit the examination of such premises for the purpose of the enforcement of this chapter, shall be subject to cancellation of the certificate of operation or such other action as may be provided by law or by provision of this chapter.
(Ord. 221-70. Passed 7-19-71.)
Notwithstanding other provisions of law and in addition thereto, if the Building Commissioner finds that a generalized condition of air pollution exists in any part of the City and that it creates an emergency requiring immediate action to protect human health or safety, he shall, with the concurrence of the Director of Public Safety and the Mayor, upon their direction, order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants.
In the absence of a generalized condition of air pollution, if the Commissioner finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to human health or safety, he may order the person or firm responsible for the operation in question to reduce or discontinue emissions immediately, without regard to provisions of other sections of this Air Pollution Code.
Nothing in this section shall be construed to limit any power which the Mayor may have to declare an emergency and act on the basis of such declaration, if such power is conferred by statute, ordinance, constitutional provision or inherent in the office.
(Ord. 221-70. Passed 7-19-71.)
(a) Any person who has been found to have violated provisions of this chapter three or more times within a six-month period, in respect to the emission of air contaminants, whether or not there has been a final determination of appeals, if any, shall be notified by registered or certified mail to show cause before the Building Commissioner within ten days why the offending equipment should not be sealed. The notice shall be directed to the last address of the person to be notified or if the person or his whereabouts is unknown, then the notice shall be posted on or near the premises at which the violations have occurred. If upon the hearing, at which the violator or his agent or attorney may appear and be heard, the Commissioner finds that adequate corrective measures have not been taken, he may seal the equipment until such time as corrective measures have been taken.
No person shall break or remove a seal or operate equipment sealed by the Commissioner unless such breaking, removal or use is authorized in writing by the Commissioner.
(b) Sealing may also be ordered by the Commissioner and effected after reasonable notice:
(1) On any equipment being operated without a valid, unexpired certificate of operation as required by this chapter;
(2) Where necessary repairs or alterations are not accomplished within the time limit specified;
(3) In cases of emergency the equipment may be sealed without notice where operation of the equipment is or may reasonably be dangerous to health or safety;
(4) Where the control equipment has been installed in order to enable an operation or process to meet the conditions of the issuance of a permit or certificate of operation, but is not being operated;
(5) Where process equipment, fuel-burning, refuse-burning or control equipment has been installed without permits, the equipment may be sealed without notice.
Pursuant to Section 1530.18 prima-facie evidence will support the actions of the Commissioner in sealing certain equipment, as provided therein.
Sealing of equipment shall not be a bar to other legal action against the owner or operator thereof.
(Ord. 221-70. Passed 7-19-71.)
Violation of provisions of this chapter involving readings of the Ringelmann Chart as well as violations of Section 1530,28, which violations are determined by visual observations, and violations of Section 1530.25, may be cited at the time and place of observation of violations or in the vicinity thereof by Air Pollution Control Center personnel trained to make such observations. Upon failure of the person cited to accept such waiver ticket, the Air Pollution Control Center representative shall note such refusal on record and proceed as in other violations to cause an affidavit and warrant to be issued.
No waiver citations shall be permitted:
(1) To a person who has been cited two or more times previously in a six-month period;
(2) To a person who has not submitted test results showing his equipment can be operated in conformity with requirements of this Air Pollution Code; or
(3) For any violation which can be a basis for sealing of equipment or revocation or cancellation of a certificate of operation.
(Ord. 221-70. Passed 7-19-71.)
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