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§ 3-302 Powers and Duties of the Air Pollution Control Board. 18 Amended and new subsection added, 1981 Ordinances, p. 88.18

The Air Pollution Control Board shall have the following powers and duties:

(1) To promulgate regulations, implementing this Title, preventing degradation of air quality, preventing air pollution nuisances, and limiting, controlling, or prohibiting the emission of air contaminants to the atmosphere from any sources. Such regulations may include, but are not limited to, the following:

(a) the concentration, volume, weight, and other characteristics of emissions of air contaminants to the atmosphere, the circumstances under which such emissions are permitted, and the degree of control of emissions of air contaminants required;

(b) the emissions of air contaminants to the atmosphere and related actions which are prohibited;

(c) the types and kinds of control measures and actions, equipment, storage and handling facilities, processes and systems, including specifications and/or performance requirements, which may be required to control or eliminate emissions of air contaminants to the atmosphere;

(d) the characteristics of fuels and wastes which may be combusted in the city, insofar as such characteristics may affect the emissions of air contaminants to the atmosphere;

(e) the density, opacity and duration of discharges and emissions of air contaminants to the atmosphere which obscure and reflect light, and the establishment of methods for evaluating density, opacity, equivalent opacity or density;

(f) the odorous substances that shall be considered offensive and objectionable under this Title because of the nature, composition, character, or concentration and the emissions of such substances that are to be prohibited, limited, or controlled;

(g) the ventilation of parking garages, tunnels, underground parking facilities, and the like and the control of exhausts therefrom, including the protection of habitable structures in the vicinity;

(h) criteria for declaring air pollution warnings, alerts, and emergencies; special requirements which will be applicable during such emergencies or alerts; and preparatory measures which may be required in anticipation of such events; including, but not limited to, the following: Curtailment or cessation of manufacturing, transportation, incineration, processing, and other activity which causes air pollution; drastic control measures to prevent air pollution; alternate methods of operation, systems of control, auxiliary fuel supplies or energy sources to be used during alerts and emergencies;

(i) the substances to be considered toxic air contaminants under this Title and regulations for reporting the emission of these toxic air contaminants to the Department.

(2) To promulgate regulations to establish objectives for the quality of community air, to establish areas where objectives are applicable, and limiting, prohibiting, or otherwise controlling emissions to achieve this quality of air. Such regulations may include, but are not limited to, the following:

(a) control or prohibition of emissions of air contaminants or other acts that may cause air pollution or an air pollution nuisance, including each and every means enumerated in paragraph (1) of this Section;

(b) control and limitation of the density of source of emission of air contaminants by:

(.1) the restriction of uses of land, new installations, or expansion of existing facilities and operations that will aggravate or create air pollution;

(.2) the designation of certain processes or operations which are so objectionable because of the character of emissions that the location of such processes and operations in the city may be prohibited, or restricted to certain areas, or required to be surrounded by a specified amount of open space; and

(.3) the designation of areas where the present density of sources of air contaminants is such that the expansion of existing processes or operations and/or the installation of new processes or operations, in these areas may be prohibited or restricted;

(.4) the designation of areas where future construction of dwellings is prohibited because of existing installations, processes or operations, including streets and highways, which after employing all known technology may still create localized nuisance, health or comfort problems to residential uses in the immediate vicinity;

(c) restriction of traffic, restricting uses of land, new installations, or expansion of existing facilities and operation, mode of transportation, types of motive powers for conveyances, and emission control for vehicles;

(d) Further, in the development of air quality objectives, the Board shall take into consideration the following:

(.1) the concentration of air contaminants, the duration and frequency of exposure, and effects, individually and in conjunction with other pollutants, including, but not limited to, effects on human and animal life, vegetation and materials, interference with the health and comfort of persons, the conduct of recreation, commerce, industry, and transportation, the use of property, the restriction of visibility, noxious qualities, and other nuisance;

(.2) the anticipated growth for a period of ten years of population, commercial and industrial activity in determining the control necessary to meet the air quality objectives and to improve current air quality.

(3) Within one year from the effective date of this Title, the Board shall adopt an air resources management plan covering a period of ten years from the date of adoption. This plan shall be revised every two years and may be amended as necessary. The plan shall indicate areas of the city and the air quality objectives established for each area. Factors to be considered are the preservation of the character of use, such as residential, recreation, medical care, or other use, the current quality of the air, and the density, magnitude and characteristics of sources of pollution.

(4) To classify sources of air contaminants by character, process, industry, cause, effects, or other reasonable system for the purpose of promulgating regulations requiring the application of measures to control and/or eliminate emissions and prohibiting acts which contribute to air pollution.

(5) To hold public hearings at least once a year.

(6) To advise the Department of air pollution control matters.

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