(1) The Air Pollution Control Board is hereby authorized to adopt by regulation an air pollution control program that is at least as stringent as the requirements of the Commonwealth of Pennsylvania Air Pollution Control Act (Act of January 8, 1960 (1959 P.L. 2119, No. 787) as amended) (the "Act") and the Federal Clear Air Act, 42 U.S.C. §§ 7401 et seq., and rules and regulations promulgated pursuant to those acts. Such program shall include, but not be limited to, the following: 41
(a) a plan and permit approval procedure as set forth in Section 6.1 of the Act;
(b) fees in type and amount identical to those imposed under Section 6.3 of the Act;
(c) performance and emission standards identical to those imposed under Section 6.6 of the Act;
(d) compliance review and permit compliance schedules as set forth in Section 7.1 and 7.2 of the Act;
(e) declaration of "unlawful conduct" as set forth in Section 8 of the Act;
(f) the imposition of penalties and civil penalties as set forth in Sections 9 and 9.1 of the Act, and provision for all other remedies authorized pursuant to Section 12(g) of the Act; and
(g) enforcement procedures, as set forth in Sections 7, 8, 9, 9.1 and 10.1 of the Act. 42
(2) Nothing in this Section or in the air pollution control program adopted pursuant to this Section shall be construed to repeal any more stringent air pollution control provisions now or hereafter enacted in other Sections of this Title or in any regulation adopted pursuant to Section 3-302 or other Sections of this Title.
Notes
| 41 | Amended, Bill No. 090258 (approved June 3, 2009). |
| 42 | Bill No. 853 (approved February 17, 1995), 1995 Ordinances, p. 80, read "...Sections 7, 3, 9...." in error. |
(1) There is hereby created an Environmental Hearing Board composed of seven (7) members to be appointed by the Mayor and confirmed by City Council. The Board is created pursuant to subsection 1-102(2) of The Philadelphia Home Rule Charter, and in creating the Board, Council expressly finds that it is not practicable to confer upon any existing City agency the powers and duties to be exercised by the Board pursuant to this Section.
(2) The Environmental Hearing Board shall hear appeal from any order, requirement, decision or determination rendered pursuant to the air pollution control program established pursuant to Section 3-401, including the denial or revocation of any license or permit, and the imposition of any civil penalties by any City agency.
(3) The Environmental Hearing Board may affirm, modify, reverse, vacate or revoke any action from which an appeal was taken to it, but the Board shall not have power to grant a variance from any legal requirement.
(4) The decision of the Environmental Hearing Board in an appeal shall be final, and there shall be no further appeal to any other City agency. An appeal may be taken from a decision of the Environmental Hearing Board to the Court of Common Pleas in the time and manner provided by law.