§ 8-15. Start-up, shutdown, and malfunction condition.

(a)

General provisions.

(1)

Upon receipt of a notice of excess emissions or notice of violation issued by the air quality section, the source to which it is issued may provide information showing that the excess emissions were the consequence of a malfunction, start-up or shutdown. Based upon any information submitted by the source operator and any other pertinent information available, the director shall make a determination whether the excess emissions constitute a malfunction, start-up or shutdown and whether the nature, extent and duration of the excess emissions warrant enforcement action under section 8-3 of this Code. In determining whether enforcement action is warranted, the director or commission shall consider the following:

a.

Whether the excess emissions during start-up, shutdown, or malfunction occurred as a result of safety, technological or operating constraints of the control equipment, process equipment or process:

b.

Whether the air pollution control equipment process equipment or processes were, at all times, maintained and operated to the maximum extent practical, in a manner consistent with good practice for minimizing emissions;

c.

Whether repairs were made as expeditiously as practicable when the operator knew or should have known when excess emissions were occurring;

d.

Whether the amount and duration of the excess emissions were limited to the maximum extent practical during periods of this emission; and

e.

Whether all practical steps were taken to limit the impact of the excess emissions on the ambient air quality.

(2)

The information provided by the source operator under subsection (a)(1) shall include, at a minimum the following:

a.

Name and location of installation;

b.

Name and telephone number of person responsible for the installation;

c.

The identity of the equipment causing the excess emissions;

d.

The time and duration of the period of excess emissions;

e.

The cause of the excess emissions;

f.

The type of air contaminant involved;

g.

A best estimate of the magnitude of the excess emissions expressed in the units of the applicable emission control regulation and the operating data and calculations used in estimating the magnitude;

h.

The measures taken to mitigate the extent and duration of the excess emissions; and

i.

The measures taken to remedy the situation which caused the excess emissions and the measures taken or planned to prevent the recurrence of these situations.

(3)

The information specified in subsection (a)(2) shall be submitted to the director no later than 15 days after receipt of the notice of excess emission or notice of violation.

(4)

Nothing in this rule shall be construed to limit the authority of the director to take appropriate action.

(Code of Gen. Ords. 1967, § 18.97; Ord. No. 36539, 4-3-69; Ord. No. 41255, 6-9-72; Ord. No. 56726, 8-2-84; Ord. No. 960782, § A, 8-8-96)