§ 11-4-790

Monitoring and inspections of a regulated equipment or area

a.

Testing by the commissioner .  If the commissioner has evidence of a violation of any emission limitation contained in or incorporated by reference in this article, the commissioner may conduct, or cause to be conducted, any test on any regulated equipment or area, with a potential to emit air pollution, to determine the extent of actual or potential emissions from such regulated equipment or area.  The owner or operator of a regulated equipment or area shall enable the commissioner to take all such tests.  This may include, but is not limited to, providing the commissioner with any necessary (i) access to, and into, all parts and elements of the regulated equipment or area, such as ducts, vents or machine parts; and (ii) assistance in gaining access to any part or element of the regulated equipment or area, including, but not limited to, providing ladders, scaffolding or platforms.

Any test to be conducted on the premises where such regulated equipment or area is located shall be made during reasonable hours, after written notice to, and with the cooperation of, the owner or operator of the regulated equipment or area.  Test ports are required on all process equipment and incinerators.

b.

Stack testing .  If the commissioner has evidence of a violation of any emission limitation contained in or incorporated by reference in this article, the commissioner may request any owner or operator to whom a certificate of operation has been issued to perform a stack test at no cost to the city to demonstrate compliance with all applicable environmental regulations.

The owner or operator of any regulated equipment or area shall provide, upon request by the department and without charge to the city, necessary holes in stacks, ducts and other safe and proper testing facilities, including scaffolding, but excluding instruments and sensing devices as may be necessary for the conduct of a stack test.

c.

Costs of testing by the commissioner .  If tests conducted at the direction of the commissioner pursuant to this section confirm that emissions from a regulated equipment or area are in violation of this article, the cost of the tests and associated calculations shall be paid by the owner, operator or permittee of the subject regulated equipment or area.  The costs of the test shall be a debt owing the city.  This debt shall be collectible in the same manner as any other personal liability.

d.

Testing and reporting required by owner or operator .  If the commissioner has evidence of a violation of any emission limitation contained in or incorporated by reference in this article, the commissioner may require that the owner or operator or other person responsible for a regulated equipment or area in the city to conduct or cause to be conducted any monitoring of, and tests on, any regulated equipment or area as is necessary to determine the extent of actual or potential emissions from such regulated equipment or area.  The commissioner may require any owner or operator of a regulated equipment or area to provide all journals, logs, reports, summaries, evaluations and other information as is necessary to determine the extent of actual or potential emissions from such regulated equipment or area.

e.

Inspections .  The commissioner, or any person acting on behalf of the commissioner, may enter and inspect any structure, establishment, premises or other place for the purpose of enforcing and administering this article or any order, regulation or rule issued pursuant to this article.

f.

Denial of inspection access .  If any person in any way denies, obstructs or hampers any entrance or refuses to provide requested information during inspection by the commissioner, the commissioner may withhold or revoke the air pollution control permit and/or certificate of operation for the subject regulated equipment or area owned or operated by the person denying, obstructing or hampering such entrance or inspection.

(Added Coun. J. 10-7-09, p. 73413, § 1)

Editor’s note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-790, which pertained to jurisdiction and authority of the Commissioner.

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