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1373.03 EMISSION STANDARDS.
   (a)   Particles. No person shall cause, suffer or allow to be emitted into the atmosphere from any incinerator, or to pass a convenient measuring point near the stack outlet, particulate matter in the exhaust gases to exceed: 0.10 pounds per one hundred (100) pounds of combustible refuse charged, for incinerators having capacities equal to or greater than one hundred (100) pounds per hour; or 0.2 pounds per one hundred (100) pounds of combustible refuse charged for incinerators having capacities less than one hundred (100) pounds per hour.
   (b)   Visible Air Contaminants (Smoke).
      (1)   No person shall discharge into the atmosphere from any incinerator any air contaminant of a shade or density equal to or darker than that designated as No. 1 on the Ringelmann Chart or twenty percent (20%) opacity, except as set forth in Subparagraph (2) hereof.
      (2)   A person may discharge into the atmosphere from an incinerator for a period or periods aggregating not more than three (3) minutes in any sixty (60) minutes or for a period of time deemed necessary by the Director, air contaminants of a shade or density not darker than No. 2 on the Ringelmann Chart or forty percent (40%) capacity.
   (c)    Unburned Waste and Ash. No person shall cause, suffer, allow or permit the emission of particles of unburned waste or ash from any incinerator which particles are individually large enough to be visible while suspended in the atmosphere.
   (d)   Odors. No person shall construct, install, use or cause to be used any new or existing incinerator which results in odors being offensive by sense of smell in any area of human use or occupancy.
   (e)   Emission and Stack Tests. When the Director has reason to believe that an emission in excess of those allowed by this Chapter is occurring or has occurred from time to time, he may order emission and stack tests pursuant to subparagraphs (1), (2), (3) and (4) of this subsection (e).
      (1)   Any person responsible for the construction, installation, alteration or use of an incinerator shall, when ordered by the Director, provide the facilities and necessary equipment for determining the density of smoke being discharged from a stack or chimney and shall conduct such smoke tests using methods approved by the Director, including, when requested by the Director, tests on a similar unit prior to construction or installation of a new incinerator. All smoke test data shall be recorded in a permanent log at such time intervals as specified by the Director. The data shall be maintained for a period of not less than one (1) year and shall be available for review by the Director.
      (2)   Any person responsible for the use of a new or existing incinerator shall, upon request of the Director, provide such sampling facilities and testing facilities exclusive of instruments and sensing devices as may be necessary for the Director to determine the nature and quantity of emissions from such incinerator and shall, during such testing, operate the incinerator at a charging rate of waste no less than the designed capacity of the incinerator using the materials representative of the types of wastes normally burned and, to the extent possible, under standard conditions. Such facilities may be either permanent or temporary, at the discretion of the person responsible for their provision, and shall conform to all applicable laws and regulations concerning safe construction or safe practice.
      (3)   When any incinerator has caused an air pollution nuisance by repeated violations of this Chapter, the Director may, at his discretion, require that such incinerator be equipped with an air contaminant recording device with an audible alarm set so as to become activated upon reaching prohibited levels of emission, which device shall be maintained in proper operating conditions at all times. Records from such recording device shall be maintained for a period of not less than one (1) year and shall be available for review by the Director.
      (4)   If emission tests conducted as a result of the action of the Director substantiate that a violation of this Chapter exists, the person or persons responsible for the violation shall be responsible for paying all attendant costs for conducting the tests. If the tests do not show that a violation exists, then the City shall be responsible for paying all costs for conducting such tests. In no event shall the City assume costs of providing facilities, utilities and access for such testing. When the person responsible elects to conduct his own emission tests, then the person so electing shall pay for the test or tests notwithstanding other provisions of this Section, and irrespective of the result. The costs of emission tests required by the Director, on newly installed equipment, for the issuance of the permit to install and the issuance of the certificate of operation shall be at the expense of the permittee regardless of results.
   (f)   Circumvention and Right of Entry.
      (1)   No person shall build, erect, install or use any article, machine, equipment or other contrivance, the sole purpose of which is to dilute or conceal an incinerator emission without resulting in a reduction in the total release of air contaminants to the atmosphere nor shall a person do anything nor commit any act with the intent to distort incinerator emission tests or results.
      (2)   Whoever in any manner hinders, obstructs, delays, resists, prevents or in any manner interferes or attempts to interfere with the Director or his representatives in the performance of any duty enjoined by this Chapter, or refuses to permit the Director or such representatives pursuant to an appropriate warrant to perform such duty by refusing 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 inspection or 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 provisions of this Chapter.
         (Ord. 42-72. Passed 5-22-72.)
1373.04 REQUIREMENTS OF OTHER LAWS AND CODES.
   (a)   Chapter Sets Minimum Requirements. This Chapter is intended to set minimum requirements for the subjects covered by the above Sections of this Chapter as of the date of its enactment (Ord. 42-72. Passed 5-22-72.). Any requirements, as the same may from time to time exist, on the same subject in the following, if the same are stricter in resulting in less air pollution from incinerators, as determined by the Commissioner, than would result from the imposition of the requirements of this Chapter, shall be deemed to be controlling on the subject matter:
   Ohio Building Code
   Residential Code of Ohio
    Chapter 3704 of the Ohio Revised Code and regulations adopted thereunder by the Air Pollution Control Board
   Requirements for incinerators at Federal facilities as adopted by the
    Environmental Protection Agency
   "Incinerator Standards" (March 1970 Reprint), Incinerator Institute of
    America
   Standards for Gas Fired Incinerators, as may be approved by the
    United States of America Standards Institute.
   (b)   Other Incinerator Regulations. Regulations that are not the subject matter of above Sections of this Chapter, applying to incinerators, shall be applied as provided for elsewhere in these Codified Ordinances or in the laws, regulations and standards referred to in Subsection (a) hereof. Where two (2) or more apply to the same subject the strictest shall be deemed, under this Chapter, to apply.
(Ord. 139-02. Passed 9-23-02.)
1373.05 EXISTING INCINERATORS; COMPLIANCE AND NOTICE TO CITY.
    Any person responsible shall notify the City of his plans to conform his existing incinerator to Section 1373.02(a)(2).
(Ord. 42-72. Passed 5-22-72.)
1373.06 PERMITS; CONDITIONS AND FEES.
   (a)    Installation Permit Required. No person shall construct, install, reconstruct or alter any incinerator or control apparatus pertaining thereto or operate or permit to be operated an existing incinerator until an application, including not less than two (2) sets of properly prepared plans and specifications of the incinerator or control apparatus, and structures or buildings used directly in connection therewith have been filed by the person or his agent in the office of, and have been approved by, the Division of Building and until an installation permit has been issued by the Division of Building for such construction, installation, reconstruction or alteration, or such existing incinerator.
   Such plans and specifications shall show the form and dimensions of the incinerator or control apparatus, together with the description and dimensions of the building or part thereof in which such equipment is to be located, including: the means provided for admitting the air combustion processes; the character and composition of the auxiliary fuel to be used; the expected air contaminant emission rate; the operating requirements; the use to be made of such incinerator or control apparatus; contaminant concentration, gas volume, and gas temperature at the emission point; physical characteristics of particulates emitted; the location and elevation of the emission point relative to structures and window openings within three hundred (300) feet of the point of emission; and any other reasonable and pertinent information that may be required by the Division of Building. The Division shall issue a permit only if it determines from the plans and specifications, and in the case of a new incinerator from the certification of the Director contemplated by Section 1373.02(a)(1), that the proposed construction, installation, reconstruction or alteration complies with this Chapter, and after securing a certification in writing from the manufacturer that such installation, as manufactured and as recommended to be installed, complies with this Chapter. Failure to comply with any requests for reasonable and pertinent information made by the Division of Building shall be cause for rejection of an application.
   (b)    Action on Permit Applications. Approval of the application for an installation permit may, at the discretion of the Division, include a condition requiring emission tests to be made upon completion of the installation for which the permit has been issued, to establish compliance with the emission limitations of this Chapter. Upon the approval of the application and upon the payment of the prescribed fees, the Division shall issue a permit for the construction, reconstruction, installation or alteration of such incinerator or control apparatus, or for an existing incinerator.
 
   (c)   Applicability of the Permit. No construction, installation, reconstruction or alteration shall be made which is not in strict accordance with the plans, specifications and other pertinent information upon which the installation permit was issued.
   (d)   Permit Violation. Violation of the installation permit shall be sufficient cause for the Division of Building to stop all work in connection with such permit, and it is hereby authorized to seal the installation without notice. No further work shall be done until the Division is assured that the condition in question shall be corrected and that the work shall proceed in accordance with the installation permit.
   (e)    Fees. Fees for the examination of applications for the issuance of installation permits, and for the original inspection and certificate of operation, shall be as follows:
Installation Permit and Certificate of Operation
 
Incinerators, or Control Apparatus Related Thereto
Having A Primary Surface Volume of:
Fee
6 cubic feet or less
$5.00
Over 6 cubic feet but less than 50 cubic feet
20.00
Over 50 cubic feet but less than 100 cubic feet
40.00
100 cubic feet or more
60.00
   (f)    Time Limit on Permits. If construction, reconstruction, installation or alteration is not begun within three (3) months nor completed within six (6) months from the date of the issuance of the installation permit, such permit shall automatically become void and all fees paid shall be forfeited unless an extension of time is granted, for good cause shown, by the Board of Building and Zoning Appeals.(Ord. 42-72. Passed 5-22-72.)
1373.07 CERTIFICATE OF OPERATION.
   (a)   No person shall operate or cause to be operated any incinerator or control apparatus, or any equipment pertaining thereto, unless a certificate of operation as required by this Section has been issued. The person responsible for such installation, construction, reconstruction or alteration for which an installation permit is required shall notify the Division of Building when the work is completed and ready for final inspection. No incinerator equipment shall be operated for any other purpose or in any manner than that for which the installation permit was approved and/or for which a certificate of operation has been issued. After the installation permit has been issued and it is demonstrated to the satisfaction of the Division that the incinerator or control apparatus can and shall be operated in compliance with this Chapter, and the manufacturer or installer thereof has certified in writing to the City that it has been installed in strict compliance with the manufacturer's instructions therefor, an initial certificate of operation shall be issued by the Division. Emission tests may be required by the Division before the issuing of a certificate of operation. The certificate of operation shall be kept posted on or near the installation for which it was issued.
   The issuance of a certificate of operation shall not operate as a guarantee of immunity from prosecution or other legal action for violations occurring during the period covered by the certificate. Failure to operate under test within the limitations and requirements of this Chapter shall constitute sufficient grounds for ordering changes in the incinerator or control apparatus, or appurtenances thereto, before an initial certificate of operation can be granted. When the Division refuses to issue a certificate of operation, the Division is authorized to seal the incinerator or control apparatus until the person required to procure the certificate of operation has complied with the provisions of this Chapter.
   (b)    Any person in possession of a certificate of operation for an incinerator shall maintain the certificate readily available on the operating premises. Operating procedures and rated burning capacity of the incinerator shall be posted at a convenient place as near as practical to the point of operation.
   (c)   Written procedures to be followed for proper operation and maintenance of an incinerator shall be submitted to the Division of Building for review and approval together with the application for a certificate of operation.
(Ord. 42-72. Passed 5-22-72.)
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