17.11.080 Permit shield.

   A.   Each permit issued under this chapter shall specifically identify all federal, state, and local air pollution control requirements that apply to the source at the time the permit is issued. The permit shall state that compliance with the conditions of the permit shall be deemed in compliance with any applicable requirement identified in the permit as of the date of permit issuance, provided that such applicable requirements are included and expressly identified in the permit. The control officer may include in a permit determination that other requirements specifically identified are not applicable. Any permit under this chapter that does not expressly state that a permit shield exists shall not provide such a shield.

   B.   Nothing in this section or in any permit shall alter or affect the following:

      1.   The provisions of Section 303 of the Act (emergency orders), including the authority of the administrator under that section;

      2.   The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance;

      3.   The applicable requirements of the acid rain program, consistent with Section 408(a) of the Act (Permits and Compliance Plans);

      4.   The ability of the administrator or the control officer to obtain information from a source pursuant to Section 114 of the Act (Inspections, Monitoring and Entry), or any provision of state law;

      5.   The authority of the control officer to require compliance with new applicable requirements adopted after the permit is issued.

   C.   In addition to the provisions of Section 17.12.130 or Section 17.13.150, a permit may be reopened by the control officer and the permit shield revised when it is determined that standards or conditions in the permit are based on incorrect information provided by the applicant.

(Ord. 2017-20 § 2 (part), 2017)

Editor's note— Formerly § 17.12.310.