§ 3-302. Powers and Duties of the Air Pollution Control Board. 17

   The Air Pollution Control Board shall have the following powers and duties:

   (1)   To promulgate regulations, implementing this Title, preventing degradation of air quality, preventing air pollution nuisances, and limiting, controlling, or prohibiting the emission of air contaminants to the atmosphere from any sources. Such regulations may include, but are not limited to, the following:

      (a)   the concentration, volume, weight, and other characteristics of emissions of air contaminants to the atmosphere, the circumstances under which such emissions are permitted, and the degree of control of emissions of air contaminants required;

      (b)   the emissions of air contaminants to the atmosphere and related actions which are prohibited;

      (c)   the types and kinds of control measures and actions, equipment, storage and handling facilities, processes and systems, including specifications and/or performance requirements, which may be required to control or eliminate emissions of air contaminants to the atmosphere;

      (d)   the characteristics of fuels and wastes which may be combusted in the city, insofar as such characteristics may affect the emissions of air contaminants to the atmosphere;

      (e)   the density, opacity and duration of discharges and emissions of air contaminants to the atmosphere which obscure and reflect light, and the establishment of methods for evaluating density, opacity, equivalent opacity or density;

      (f)   the odorous substances that shall be considered offensive and objectionable under this Title because of the nature, composition, character, or concentration and the emissions of such substances that are to be prohibited, limited, or controlled;

      (g)   the ventilation of parking garages, tunnels, underground parking facilities, and the like and the control of exhausts therefrom, including the protection of habitable structures in the vicinity;

      (h)   criteria for declaring air pollution warnings, alerts, and emergencies; special requirements which will be applicable during such emergencies or alerts; and preparatory measures which may be required in anticipation of such events; including, but not limited to, the following: Curtailment or cessation of manufacturing, transportation, incineration, processing, and other activity which causes air pollution; drastic control measures to prevent air pollution; alternate methods of operation, systems of control, auxiliary fuel supplies or energy sources to be used during alerts and emergencies;

      (i)   the substances to be considered toxic air contaminants under this Title and regulations for reporting the emission of these toxic air contaminants to the Department.

   (2)   To promulgate regulations to establish objectives for the quality of community air, to establish areas where objectives are applicable, and limiting, prohibiting, or otherwise controlling emissions to achieve this quality of air. Such regulations may include, but are not limited to, the following:

      (a)   control or prohibition of emissions of air contaminants or other acts that may cause air pollution or an air pollution nuisance, including each and every means enumerated in subsection (1) of this Section;

      (b)   control and limitation of the density of source of emission of air contaminants by:

         (.1)   the restriction of uses of land, new installations, or expansion of existing facilities and operations that will aggravate or create air pollution;

         (.2)   the designation of certain processes or operations which are so objectionable because of the character of emissions that the location of such processes and operations in the city may be prohibited, or restricted to certain areas, or required to be surrounded by a specified amount of open space; and

         (.3)   the designation of areas where the present density of sources of air contaminants is such that the expansion of existing processes or operations and/or the installation of new processes or operations, in these areas may be prohibited or restricted;

         (.4)   the designation of areas where future construction of dwellings is prohibited because of existing installations, processes or operations, including streets and highways, which after employing all known technology may still create localized nuisance, health or comfort problems to residential uses in the immediate vicinity;

      (c)   restriction of traffic, restricting uses of land, new installations, or expansion of existing facilities and operation, mode of transportation, types of motive powers for conveyances, and emission control for vehicles;

      (d)   Further, in the development of air quality objectives, the Board shall take into consideration the following:

         (.1)   the concentration of air contaminants, the duration and frequency of exposure, and effects, individually and in conjunction with other pollutants, including, but not limited to, effects on human and animal life, vegetation and materials, interference with the health and comfort of persons, the conduct of recreation, commerce, industry, and transportation, the use of property, the restriction of visibility, noxious qualities, and other nuisance;

         (.2)   the anticipated growth for a period of ten years of population, commercial and industrial activity in determining the control necessary to meet the air quality objectives and to improve current air quality.

   (3)   Within one year from the effective date of this Title, the Board shall adopt an air resources management plan covering a period of ten years from the date of adoption. This plan shall be revised every two years and may be amended as necessary. The plan shall indicate areas of the city and the air quality objectives established for each area. Factors to be considered are the preservation of the character of use, such as residential, recreation, medical care, or other use, the current quality of the air, and the density, magnitude and characteristics of sources of pollution.

   (4)   To classify sources of air contaminants by character, process, industry, cause, effects, or other reasonable system for the purpose of promulgating regulations requiring the application of measures to control and/or eliminate emissions and prohibiting acts which contribute to air pollution.

   (5)   To hold public hearings at least once a year.

   (6)   To advise the Department of air pollution control matters.

 

Notes

17	Amended and new subsection added, 1981 Ordinances, p. 88.

§ 3-303. Powers and Duties of the Department of Licenses and Inspections.

   (1)   The Department of Licenses and Inspections shall have the following powers and duties:

      (a)   to transmit to the Department of Public Health for its recommendation all applications, plans and specifications for the construction, reconstruction, conversion, or alteration of any installation, equipment, or appurtenances and any equipment pertaining thereto that may produce air pollutions or an air pollution nuisance, and to request the Department of Public Health to make recommendations for the approval, disapproval, or modification of each application;

      (b)   to issue permits for applications which have been approved by the Department of Public Health;

      (c)   to issue licenses for operation where the Department of Public Health certifies that the installation and operation are in conformity with the provisions of this Title and the regulations adopted hereunder;

      (d)   to renew licenses, as required, upon payment of stipulated fees unless the Department of Public Health has filed a stop order;

      (e)   to revoke permits and licenses upon certification by the Department of Public Health that the installation or operation does not comply with the provisions of the application, that the installation or operation produces air pollution or emissions of air contaminants in excess of the standards established by this Title and the regulations, that orders for correction or abatement have not been effected, or that the installation or operation does not comply with this Title and the regulations;

      (f)   where the Department of Public Health has provided lists of uses or areas of the city where there are air pollution problems, no change in occupancy or use may be exercised unless prior approval for the same, under this Title, has been granted by the Department of Public Health.

§ 3-304. Inspection.

   (1)   The Department of Public Health is authorized to make inspections, including the requiring of information and reports, the taking of samples, and the performance of tests, as necessary, to determine compliance with this Title and regulations adopted under it. For this purpose, the Department is authorized to enter and examine any establishment, institution or private residence at all reasonable times, as provided by law.

   In the case of vehicles, these may be stopped for such inspection. Where the City of Philadelphia has jurisdiction, ships and airplanes may be boarded for inspection by uniformed employees of the City of Philadelphia.

   (2)   Where the Department of Public Health is satisfied that any other governmental or private agency or industry requires compliance with standards which are at least equivalent to comparable City standards, that their inspection service is effective, that an acceptable level of compliance is maintained and that such compliance is required by inspectors approved by the Department, it may accept the result of such inspections in lieu of making its own inspections.

   (3)   The Department of Public Health shall continue to exercise any functions and perform any duties in administering and enforcing the provisions of any act of the Commonwealth of Pennsylvania which is not hereby affected and which is or may be vested in or placed upon the Department so long as such acts remain in force.

   (4)   The Department of Public Health shall cooperate with state and federal inspection agencies and the regional agency, when and if one is empowered to act; that duplication of inspection shall be avoided wherever feasible and consistent with the protection of the public; and that reciprocity between, and augmentation of, existing inspectional services shall be encouraged.

   (5)   The Department of Public Health may contract to provide air pollution control services to other jurisdictions on a reimbursable basis. The Department may contract with other jurisdictions for air pollution control services.

§ 3-305. Orders.

   (1)   Except as otherwise provided, and subject to the provisions of the Charter, whenever the Department of Public Health determines the existence of a violation of this Title, any regulations adopted hereunder, or the provisions of any license or permit issued hereunder, the Department may, in addition to any other remedy available at law or equity, enter an order against the person or persons responsible for the violations requiring such action or forbearance from action as the Department determines necessary to correct the violation. 18

   (2)   All such orders shall be in writing and shall be served on the person from which action, forbearance, or compliance is required except that where the Department of Public Health finds willfulness or a menace to public health requiring immediate corrective action such orders may be oral in the first instance.

   (3)   Any person to whom such an order is directed or from whom any action, forbearance, or compliance is in any way required shall comply with such order within such period of time as the Department of Public Health may therein prescribe.

   (4)   While an appeal from an order, as hereafter provided, is pending, compliance with such order shall not be required unless the Department of Public Health finds, and certifies in writing in such order, that immediate compliance is necessary to protect the public health. The pendency of an appeal from any order shall not operate to bar or stay proceedings in any court for the imposition of a penalty under Section 3-103 of this Title, nor shall such appeal bar any proceeding at law or equity under subsection 3-301(3)(c) to prevent, restrain or abate violation of the provisions of the order where the order contains a certification that immediate compliance is necessary to protect the public health. 19

   (5)   Any person who is aggrieved by an order directed to him or requiring any action, forbearance, or compliance from him may request and receive a prompt administrative hearing before the Health Commissioner, or any representative specifically designated by him, provided that such request for hearing is made in writing within 5 days from the receipt of such order.

 

Notes

18	Amended, 1972 Ordinances, p. 813.
19	Amended, 1972 Ordinances, p. 813.

§ 3-306. Permits and Licenses.

   (1)   Installation and Construction Permits.

      (a)   No person shall build, erect, install, alter or replace any article, machine, equipment, device, or other contrivance or appurtenances, the use of which may cause the issuance of air contaminants or the use of which may eliminate, reduce or control the issuance of air contaminants, until an air management permit has been obtained for such installation and construction. Such a permit shall remain in effect until the license to operate the equipment for which the application was filed is granted or denied or the application is cancelled, except as provided in (b).

      (b)   If any installation is not started within one year of the date of issuance of the permit for it, the permit shall be invalid and any fee paid shall be forfeited.

   (2)   License to Operate.

      (a)   Before any article, machine, equipment or other contrivance described in (1) above may be operated or used, a license to operate shall be obtained. Such licenses shall be issued upon inspection and approval by the Department of Public Health as to conformity with the permit issued in (1) above and the regulations of the Air Pollution Control Board.

      (b)   Where installations were initiated prior to the effective date of this Title an application for a license shall be filed within 90 days from the effective date and within two years a license to operate shall be obtained. No license shall be issued, however, until the installation has been inspected and approved by the Department of Public Health to be in conformity with this Title and the regulations adopted hereunder.

      (c)   Licenses to operate shall be renewed annually, except as in (.2) below, at a time established by the Department of Licenses and Inspections. A license shall not be renewed where the installation is in violation of this Title unless the installation is in compliance with an improvement plan approved under this Code.

         (.1)   The operating license shall be renewed only upon certification by the Department of Public Health that inspection shows the installation and operation are in conformity with this Title and the regulations adopted hereunder. The Department of Public Health may waive any annual inspection and recommend renewal of the operating license, but such waiver shall not be made in successive years.

         (.2)   Where the rated capacity is less than 2 million BTU/hr., or where the rated capacity is less than 5 million BTU/hr. and No. 2 grade, or lighter, commercial fuel oil is the only fuel used, or where the rated capacity is less than 10 million BTU/hr. and gas is the only fuel used, boilers, warm air furnaces, hot water heaters and their burners shall be issued an indefinite operating license. 20

      (d)   An installation or construction made under (1)(a), above, may be placed in operation, with the consent of the Department, for debugging or demonstration purposes before the decision is made to grant or deny the license to operate.

      (e)   Where it is planned to take any article, machine, equipment or other contrivance described in (1) above, out of service for any reason whatsoever, except for normal plant shutdowns, the Department shall be notified at least three days in advance. Where the reason for being out of service is an unexpected breakdown or similar emergency, the Department shall be notified immediately.

   (3)   Issuance of a permit or license shall not exempt any person from prosecution for violation of this Title if the operation of the installation, equipment or device for which the permit was issued creates or results in emissions in excess of the regulations of the Air Pollution Control Board or in air pollution or an air pollution nuisance. Where regulations are amended or new regulations adopted, the holders of permits and licenses issued prior to the effective date thereof shall comply with any new requirements within the period of time provided therein.

   (4)   The provisions of this Section shall not apply to:

      (a)   the construction, reconstruction, conversion, alteration, replacement or installation of any household appliance;

      (b)   the construction, reconstruction, conversion, alteration, replacement or installation of motor vehicles or other equipment used on highways;

      (c)   any building or structure used exclusively for dwelling purposes and containing fewer than three dwelling units;

      (d)   fuel burning equipment of a net load rating of 250,000 BTU per hour or less;

      (e)   Any article, machine, equipment, device, or other contrivance or appurtenance for which a permit has been issued under Section 3-401. 21

   (5)   Whenever the Department of Public Health determines that any person holding any permit or license has violated any of its conditions, it may serve written notice of the violation upon the holder of such license stating the nature of the violation and the time in which compliance with all requirements of the license may be achieved. Such notice may also describe a course of remedial action.

   If at the expiration of the time accorded for compliance the violation has not been corrected, the Department of Public Health may make an official finding of violation and certify such finding to the Department of Licenses and Inspections which shall forthwith revoke such license.

   Any person whose license has been revoked shall in addition thereto be liable to the penalties and/or other remedial action prescribed by this Title.

   While an appeal from the revocation of any license as hereinafter provided is pending, compliance with such revocation shall not be required, unless the Department of Public Health certifies in writing that immediate compliance is necessary to protect the public health.

 

Notes

20	Amended, 1984 Ordinances, p. 719.
21	Added, Bill No. 090258 (approved June 3, 2009).

§ 3-307. Fees. 22

   (1)   Installation Permits. The fee shall be as follows:

      (a)   Boilers, Warm Air Furnaces, and Hot Water Heaters:

         (.1)   Where the rated capacity is 20,000,000 BTU per hour or less. . . . . $375 23

         (.2)   Where the rated capacity is over 20,000,000 BTU per hour. . . . . $600 24

         (.3)   Capacity is calculated on the basis of the net load rating;

         One square foot of steam radiation has a capacity of 240 British Thermal Units per hour;

         One square foot of hot water radiation has a capacity of 150 British Thermal Units per hour; and

         One boiler horsepower is equivalent to 33,472 British Thermal Units per hour.

      (b)   Incinerators and crematories. . . . . $600 25

      (c)   Smoke ovens, tar and asphalt kettles, road material treating plants, and varnish and paint heating kettles. . . . . $600 26

      (d)   Paint spraying equipment and dryers, per unit. . . . . $600 27

      (e)   Chemical processing equipment; crushing, grinding or milling equipment; rendering kettles; and air cleaning devices, per unit. . . . . $600 28

      (f)   Others. . . . . $600 29

   (2)   Operating Licenses. 30 An operating license shall be obtained for each boiler, furnace, or other combustion unit, process unit, or air-cleaning device and their related appurtenances. In general, the classification established for the installation permit shall apply to operating licenses. A fee of two hundred twenty-five dollars ($225) shall be charged for the issuance of an indefinite operating license. An annual fee for renewable operating licenses shall be charged according to the following schedule:

      (a)   Boilers and furnaces of a capacity of 20,000,000 BTU per hour, or less. . . . . $225 31

      (b)   Boilers and furnaces of a capacity of more than 20,000,000 BTU per hour. . . . . $600 32

      (c)   Incinerators and crematories. . . . . $600 33

      (d)   Smoke ovens, tar and asphalt kettles, road material treating plants, and varnish and paint heating kettles. . . . . $375 34

      (e)   Paint spraying equipment and dryers. . . . . $375 35

      (f)   Chemical processing equipment; crushing, grinding or milling equipment; rendering kettles; and air cleaning devices. . . . . $600 36

      (g)   Gas stations. . . . . $375 37

      (h)   Others. . . . . $600 38

   (3)   Filing Fees. 39 In addition to any applicable fee set forth in (1) and (2) above, each application for a permit or license required by this Title shall also be assessed a non-refundable filing fee of forty-five dollars ($45), payable at the time the application is submitted.

 

Notes

22	Amended and subsection added, 1984 Ordinances, p. 719.
23	Amended, 1973 Ordinances, p. 902; amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080859 (approved December 8, 2008); amended, Bill No. 180994 (approved January 3, 2019).
24	Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080859 (approved December 8, 2008); amended, Bill No. 180994 (approved January 3, 2019).
25	Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080859 (approved December 8, 2008); amended, Bill No. 180994 (approved January 3, 2019).
26	Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080859 (approved December 8, 2008); amended, Bill No. 180994 (approved January 3, 2019).
27	Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080859 (approved December 8, 2008); amended, Bill No. 180994 (approved January 3, 2019).
28	Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080859 (approved December 8, 2008); amended, Bill No. 180994 (approved January 3, 2019).
29	Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080859 (approved December 8, 2008); amended, Bill No. 180994 (approved January 3, 2019).
30	Amended, 1977 Ordinances, p. 1153; amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080859 (approved December 8, 2008); amended, Bill No. 180994 (approved January 3, 2019).
31	Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080859 (approved December 8, 2008); amended, Bill No. 180994 (approved January 3, 2019).
32	Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080859 (approved December 8, 2008); amended, Bill No. 180994 (approved January 3, 2019).
33	Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080859 (approved December 8, 2008); amended, Bill No. 180994 (approved January 3, 2019).
34	Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080859 (approved December 8, 2008); amended, Bill No. 180994 (approved January 3, 2019).
35	Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080859 (approved December 8, 2008); amended, Bill No. 180994 (approved January 3, 2019).
36	Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080859 (approved December 8, 2008); amended, Bill No. 180994 (approved January 3, 2019).
37	Added, Bill No. 110070 (approved May 25, 2011); amended, Bill No. 180994 (approved January 3, 2019).
38	Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 080859 (approved December 8, 2008); renumbered, Bill No. 110070 (approved May 25, 2011); amended, Bill No. 180994 (approved January 3, 2019).
39	Amended, Bill No. 040421 (approved June 3, 2004); amended, Bill No. 180994 (approved January 3, 2019).

§ 3-308. Powers Reserved to the Department Under Existing Laws.

   (1)   Nothing in this Title shall limit in any way whatever the powers conferred upon the Department by the Health Code or any other Code of the City.

   (2)   All regulations adopted under previous authority to control air pollution which are not contrary to this Title shall continue in force until revised, repealed, or new regulations are adopted under this Title.