§ 8-3. Administration and enforcement.

(a)

Responsibility for administration. The director shall administer the provisions of this chapter.

(b)

Notice and hearing procedures.

(1)

Notice of violation. Whenever the director determines that a violation of this article may exist, he shall notify the person alleged to be in violation of such fact. This notice shall be in writing, shall specify the alleged violations of this chapter, including any regulation under this chapter, and shall offer the opportunity of a hearing to be held before the director. The hearing may not be held less than 15 days after the date the notice is served. The notice shall be served by delivery of a copy of the notice personally, by leaving a copy at the person's usual place of abode with a member of the person's family over the age of 15 years, by delivering a copy to an agent authorized by appointment or required by law to receive service of process or by mailing a copy addressed to the person or his authorized agent. If a diligent effort to serve the notice as specified in this subsection fails, service may be made upon such person by posting the notice in or about the premises described in the notice and by causing such notice to be published in a newspaper of general circulation.

(2)

Order to correct violation. After such hearing and upon a finding that a violation exists, the director shall issue an order to correct or eliminate each violation in such manner as the director deems appropriate.

(3)

Appeals. The director's order shall become final unless the person against whom such order is issued shall file with the director a written appeal within 15 days after the date of receipt of such order. The director shall refer the appeal to the board as provided in this chapter. The appeal shall stay enforcement of the order unless an emergency condition has been declared.

(c)

Inspections. Upon reasonable notice, the director may enter and inspect any facilities constituting any air contaminant source at a reasonable time for the purpose of ascertaining the state of compliance with this chapter and making tests and samples as provided for in subsection (d) of this section. No person shall refuse entry or access to the director or his representative upon presentation of appropriate identification and authority, nor shall any person obstruct, hamper or interfere with such tests or sampling. Upon request, the owner or operator of the facilities shall receive a report setting forth all facts found which relate to compliance status as a result of such tests and sampling.

(d)

Sampling and testing.

(1)

Generally. The director is hereby authorized to conduct or cause to be conducted any test or sampling of the operation of any equipment which, in his opinion, may result in emissions in violation of any regulations in effect under this chapter. These tests may include stack sampling of any plant or facility. Any tests or sampling will be conducted in accordance with the methods listed within appendix A to 40 CFR parts 60 and 61, or will be conducted using any method mutually agreed to in writing by the director and the operator of the air contaminant source involved. All tests shall be conducted by reputable, qualified personnel. Both the director and the operator of the equipment tested may be present at the test and each shall be entitled to a copy of the written test results signed by the person responsible for the tests.

(2)

Testing by operator. The director may order the operator of any air contaminant source to perform tests or sampling after a hearing conducted as specified in this section, if the director considers such tests or sampling necessary to determine compliance with the provisions of this chapter. The costs and expenses of such tests or sampling are to be borne by the operator of the air contaminant source involved. Such person shall notify the director of the time and date such person proposes to conduct such tests or sampling. In any such test conducted by such person, the director may require that his duly authorized representative be present during the conduct of such tests and the taking of such samples.

(3)

Testing by director. Tests or samplings made by the operator shall not prohibit the director from making independent tests or samplings, the costs and expenses thereof to be paid by the city. Upon request of the director, the person responsible for the source to be tested shall provide necessary test ports in stacks or ducts and such other safe and proper facilities, exclusive of instruments and sensing devices as may be necessary for proper determination of the emission of air contaminants. Also, that responsible person shall cooperate with the director so as to permit such tests to be made, provided that such inspections, sampling and tests shall not unreasonably interfere with the normal operation of the plant.

(e)

Emission inventory. The director may require persons owning or responsible for the operation of any air contaminant source to file reports and information relating to the rate, period of emission, and composition of effluent from any air contaminant source. The information in these reports shall include, but not be limited to, the location of such source, size and height of air contaminant outlets, processes employed, fuels used, the nature and time periods and duration of emission, and such other relevant information as is available to such person or reasonably capable of being assembled from the normal operating records of such person, by April 1st after having received a request by the director. Such information shall be supplied to the director upon paper forms or other means approved by the director. Such information shall be used to maintain an emission inventory.

(f)

Enforcement; order of abatement.

(1)

Issuance of orders. Whenever the director determines that the terms or conditions of this article have been violated, he may order that the violation be abated within a reasonable time. Such order must be served by either personal service or certified or registered mail.

(2)

Prosecution in municipal court. If a violation of this chapter occurs, the director may request the city counselor to file a prosecution in the municipal court.

(3)

Proceedings in circuit court. The city counselor is hereby empowered to institute proceedings in the circuit court in the name of the city in order to enforce the terms and conditions of this chapter. This power is in addition to the power to prosecute m municipal court.

(4)

Issuance of stop work orders. Upon notice that work on the installation of a machine, contrivance, equipment, device, process or operation that may cause the emission of air contaminants is being pursued without a permit or a registration where such is required, or without being in accordance with plans, specifications or data submitted with the application for such permit or registration, or contrary to any final order of the board, the director shall order such work immediately stopped. The stop work order shall be in writing and shall be serve upon the person responsible for the premises on which the work is occurring or upon the person doing the work, and shall state the conditions under which the work may be resumed.

(5)

Violation of stop work order. Any person who shall continue any work in or about such machine, contrivance, equipment, device, process or operation after having been served with a stop-work order, except such work as he is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties imposed by section 8-19.

(g)

Temporary variances. Any person owning or responsible for the operation of any stationary sources bearing a valid operating permit may submit to the director, in a form and manner satisfactory to the director, a request for a temporary variance from this chapter. The following will be the minimum conditions of any variance by the director.

(1)

The operator must demonstrate to the satisfaction of the director that such variance would in no way interfere with the attainment or maintenance of the ambient air quality standards.

(2)

The person requesting the variance must demonstrate that the variance is necessary to allow for correction of excess emissions from a process or control device when the condition causing such excess emissions could not have been reasonably anticipated and corrected by the applicant without such variance.

(3)

Any variance which will exceed a period of one year must be approved by the board. In the event the director determines that:

a.

The person is taking all reasonable actions available to him to comply with the time limitations, but such compliance is not possible; or

b.

The delay is caused by conditions beyond the jurisdiction and control of such person;

then the director may grant one additional extension of time not to exceed 90 days. Any extension of time to exceed 90 days must be approved by the board.

(Code of Gen. Ords. 1967, § 18.84; Ord. No. 34696, 4-26-68; 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)