§ 3-7. Time for compliance schedule.

(a)

Any person operating an existing installation in violation of this chapter shall, within a time period specified by the director and not to exceed 60 days, file with the director a time for compliance schedule. Such time for compliance schedule (also referred to herein as time schedule for compliance) shall contain the following information:

(1)

All information as required by the director to estimate the existing level of air contaminant emission.

(2)

The expected time for compliance and the intended method of compliance. The schedule shall include each of the following:

a.

Date engineering will be completed.

b.

Date by which contracts for an emission control system or process modifications will be awarded, or orders will be issued for the purchase of component parts needed to accomplish emission control or process modifications.

c.

Date by which on-site construction or installation of emission control equipment or process change will be initiated.

d.

Date by which on-site construction or installation of emission control equipment or process modification will be completed.

e.

Date by which source will be brought into final compliance.

The time for compliance schedule shall also include any such other information as the director may require. Information provided in such schedule shall be subject to the requirements of section 3-11. For good cause shown, the director may allow additional time, not to exceed 60 days, in which to file the schedule.

(b)

The time schedule for compliance provisions of this chapter shall not apply to open burning operations. All open burning operations shall immediately be in compliance with the requirements of this chapter.

(c)

All new installations or altered installations or installations which have commenced operations in a new physical location outside the original premises shall be in compliance with all applicable emission control regulations as of going into operation any time after the effective dates of the applicable emission control regulations; provided, however, such installations may, at the request of the operator and under conditions approved by the director, be operated for such specified time periods as are required to make necessary adjustments on the equipment before compliance must be demonstrated.

(d)

The director shall require that written progress reports be submitted by every person having submitted approved time for compliance schedules at least every 90 days to determine compliance with the approved schedule. Such reports shall contain the following information:

(1)

Details of all progress made up to the time of the report.

(2)

A comparison of actual progress made with progress schedule in the time for compliance schedule.

(3)

An explanation of any instance where actual progress is not consistent with progress detailed in the time for compliance schedule, and such other information as the director may require.

(e)

The following is applicable to schedules and reports and failure to submit the same:

(1)

If any person fails or refuses to provide information or submit a time schedule for compliance or a progress report as required herein or, in the determination of the director, has unreasonably delayed implementation of a submitted time for compliance schedule, the director shall schedule a public hearing thereon. The person charged shall be given not less than five days' actual notice of the date, place and time of the hearing.

(2)

After a hearing on the merits, the director shall make such orders as may be necessary to obtain compliance with the requirements of this chapter at the earliest time reasonably possible.

(3)

The director shall apply to the district court of the county, if necessary, to obtain compliance with any such order.

(4)

The director is authorized to appoint a hearing officer who shall be empowered to conduct hearings and take evidence and testimony and report the same to the director for its consideration and decision.

(f)

Failure to meet time schedules approved in accordance with subsection (a) of this section shall constitute a violation of these regulations unless a request to amend the time schedule is received by the director at least 30 days before the end of any specified period approved for a particular activity. Such a request to amend the time schedule for compliance shall contain the same type of information as required for the initial time for compliance schedule submission as well as such other information as the director may require to substantiate the need for such an extension.

(g)

Submission and approval of a time schedule for compliance with these local regulations pursuant to this section shall not be construed to authorize any air pollution source to operate in violation of any state or any federal air pollution control regulations or requirements.

(Code 1964, § 2A-7; Code 1988, § 3-7; Ord. No. 52677, § 1, 2-28-1974)