§ 3-19. Exceptions due to breakdown or scheduled maintenance.

(a)

Abnormal operating conditions resulting from malfunction, breakdown or necessary repairs to control of processing equipment and appurtenances which cause emissions in excess of the limitations specified in the emission control regulations shall not be deemed violations if:

(1)

The person responsible for the operation of the emission source notifies the director of the occurrence and nature of such malfunction, breakdown or repairs, in writing, within ten calendar days of its noted occurrence.

(2)

The number of occurrences of such breakdowns is not deemed excessive by the director and appropriate, reasonable action is taken to initiate and complete any necessary repairs and place the equipment back in operation as quickly as possible.

(b)

Emissions in excess of the limitations specified in this chapter resulting from scheduled maintenance of control equipment and appurtenances will be permitted only on the basis of prior approval by the director and upon demonstration that such maintenance cannot be accomplished by maximum reasonable effort, including off-shift labor where required, during periods of shutdown of any related equipment.

(c)

Excessive contaminant emissions from fuel-burning equipment used for indirect heating purposes resulting from fuel or load changes, start-up, soot blowing, cleaning of fires, and rapping of precipitators will not be deemed violations provided that they do not exceed a period or periods aggregating more than five minutes during any consecutive one-hour period; provided, however, that where the operator of such equipment can demonstrate to the satisfaction of the director that any such specific operational procedures will require that the allowable time period for excessive emissions be extended beyond five minutes during any one hour, the director may authorize, upon request of the operator, an adjusted time schedule for permitting such excessive emissions. Such authorization shall require that visible emissions not exceed a 60 percent opacity and shall specify an appropriate time and daily frequency schedule for such excessive emissions.

(d)

At all times, including periods of start-up, shutdown, and malfunction, owners and operators shall, to the extent practicable, maintain and operate any affected facility including associated air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the director, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source.

(Code 1964, § 2A-20; Code 1988, § 3-19; Ord. No. 52677, § 1, 2-28-1974)