Philadelphia Decoded

Accessible, User - Friendly Law for All People

§ 3-201 General Provisions. 9 New subsection added, 1981 Ordinances, p. 88.9

(a) No person shall discharge, or allow the escape of air contaminants to the atmosphere:

(1) which are prohibited by or are in excess of those permitted by this Code or by the regulations of the Air Pollution Control Board; or

(2) which exceed the density or opacity limits established by the Board; or

(3) which result in or cause air pollution or an air pollution nuisance.

(b) No person shall perform any acts or operations in violation of orders issued by the Department pursuant to this Title and the regulations adopted hereunder.

(c) (1) No person shall emit any toxic air contaminant unless, within six months of the adoption of regulations by the Air Pollution Control Board listing toxic air contaminants, he provides notice to the Department including a Material Safety Data Sheet as described in § 3-301(24) in accordance with the requirements and procedures established in regulations promulgated by the Air Pollution Control Board pursuant to this subsection.

If a person discharges a toxic air contaminant on the list established by the Air Pollution Control Board for the first time, that person shall provide the Department with proper notice no more than thirty days after its emission into the atmosphere.

The person responsible for any source of air contaminants affected by any subsequent additions to the list of toxic substances established in the regulations of the Air Pollution Control Board shall similarly file notice with the Department within ninety days of the effective date of any revision to such list.

(2) The Department shall maintain a file of all notices relating to toxic air contaminants and shall make the file available for public inspection and reproduction during normal business hours.

(3) Within six months of the adoption of this subsection by the City Council, the Air Pollution Control Board shall promulgate regulations establishing a list of toxic air contaminants to which the provisions of this subsection shall be applicable, the form of the notice and request to be provided to the Department by any affected source of air contaminant emissions, and the reporting requirements and procedures related thereto.

The following factors may be considered by the Board in establishing the list of toxic air contaminants:

(a) risk of immediate acute or subacute harm to human health, at concentrations likely to be encountered in the community;

(b) proven carcinogenicity through epidemiological studies in both human and animal populations;

(c) suspected carcinogenicity as shown in human epidemiological studies or in laboratory studies of animals and other experimental media;

(d) mutagenicity and teratogenicity as proven through human, animal, and experimental media;

(e) bioaccumulative effects in humans and the environment;

(f) findings of the Environmental Protection Agency, the Occupational Safety and Health Administration or other such agencies regarding toxicity;

(g) extent to which the substance is likely to be found in Philadelphia industries;

(h) other such factors necessary for the proper regulation of toxic air contaminants.

The Air Pollution Control Board shall, as appropriate, update and revise the list of toxic air contaminants subject to the provisions of this subsection on the basis of the latest available relevant scientific information.