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(a) The Commissioner or other member of the Division may enter at any reasonable time upon any private or public property for the purpose of inspecting and investigating any condition or equipment which the Commissioner has reasonable cause to believe is causing pollution in violation of this Pollution Control Code.
(b) The Commissioner or other member of the Division may inspect at any reasonable time and in a reasonable manner, any record relating to the use of equipment or control apparatus which may effect the emission of air or water contaminants, or record relating to the use of fuel, or the distribution, storage or transportation of fuel.
(c) During the course of an inspection, if the Commissioner or other member of the Division obtains a sample of contaminant, fuel, process material or other material which may effect the emission of contaminants, he shall give the person in charge a receipt for the sample obtained, if requested to do so prior to leaving the premises.
(d) If samples of air or water contaminants are taken for analysis, a duplicate of the analytical report shall be furnished upon request to the person in charge.
(e) If photographs are taken on private property, such photographs must be offered for inspection to the person in charge, and the Commissioner shall cooperate in providing copies of the photographs at the expense of the person requesting them.
(f) If the Commissioner believes that a consultant is needed to accompany him or other member of the Division in making an inspection or assisting in conducting tests, the person in charge is to be given advance notice thereof.
(g) No person shall refuse entry, nor obstruct, delay, prevent or in any way interfere with the Commissioner or other member of the Agency while carrying out an inspection, or in the performance of their duties. Should such right of entry be unreasonably denied, then the Commissioner is authorized to obtain a search warrant.
(Ord. 46-93. Passed 2-2-93.)
(a) Any person who installs equipment which emits or may emit air, water or noise pollution must first secure the written approval of the Commissioner.
(b) The Commissioner may require a performance test to prove compliance, at no cost to the City.
(c) Approvals under this Pollution Control Code shall not be construed as granting any permanent vested rights or authorizing any violation of this Code.
(d) If a permit is issued under Ohio EPA regulations, the Ohio EPA regulations shall govern.
(Ord. 46-93. Passed 2-2-93.)
(e) Each owner or operator of any renovation operation involving asbestos, or any demolition operation affecting an apartment building with more than four dwelling units involving asbestos or affecting any nonresidential building involving asbestos shall submit a notification to the Commissioner according to Section 1787.05 (b).
(Ord. 579-93. Passed 8-30-93.)
(a) Upon discovery of a violation of any City, state or federal environmental law, standard, order, rule or regulation, the Commissioner of Pollution Control or his designee shall serve a notice of violation upon the violator. The notice of violation shall identify the specific violation, the applicable law, standard, order, rule or regulation, the possible penalties for noncompliance, and a recommendation for remedial action.
(b) Upon receipt of the notice of violation, the violator shall have fourteen calendar days to abate the violation or provide for a remedy acceptable to the Commissioner.
(c) When the time period for response and remedy has elapsed, the Commissioner may issue findings and orders to the violator. Such findings and orders shall include the factual and legal basis for the Commissioner's action, a mandatory program for remedial action and the penalties that will be assessed for past and future noncompliance. For the purpose of appeal, the findings and orders issued by the Commissioner shall constitute a final order.
(d) In the event that the Commissioner has reasonable cause to determine that any person is causing air, water, land or noise pollution which would constitute an emergency, requiring immediate action to protect the public health, welfare, safety or property of the people of the City, the Commissioner shall take the immediate and necessary action to abate and eliminate the pollution. Such an action shall be deemed a final order of the Commissioner for the purpose of an appeal.
(Ord. 46-93. Passed 2-2-93.)
Any records, books, files, reports or other information furnished to or obtained by the Administrator or his employees and/or his agents for which the owner has requested confidential treatment shall not be published or made available to the public by the Agency or the Appeals Board unless it has been determined by the Administrator that such records, books, files, reports or other information are not entitled to such confidential treatment. The Administrator shall use as the basis for this decision Ohio R.C. 3704.08, which addresses the subject of trade secrets. Emissions information shall not be considered confidential.
(Ord. 646-80. Passed 9-16-80.)
The Commissioner, or his employees or agents, shall not render himself personally liable for any damage that may accrue to persons or property as a result of any action taken in the discharge of his duties while performing a governmental function authorized by this Pollution Control Code.
(Ord. 46-93. Passed 2-2-93.)
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