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INSPECTIONS

SEC. 8. The Commissioners or their authorized representative may enter and inspect any property, premise, or place at any reasonable time for the purpose of investigating or testing either an actual or suspected source of air pollution, or of ascertaining the state of compilance with this Act and regulations enforced pursuant thereto. No person shall refuse entry or access to the Commissioners or their authorized representative who requests entry for the aforementioned purposes, and who presents appropriate creditentials; nor shall any person obstruct, hamper, or interfere with any such inspection.

EMISSIONS PROHIBITED

SEC. 9. (a) (1) A person shall not discharge into the outdoor atmosphere from any single source of emission whatsoever any air contaminant which is (A) darker in shade than that designated as number 1 on the Ringelmann Smoke Chart or (B) of such opacity as to obscure an observer's view to a degree greater than does smoke designated as number 1 on the Ringelmann Smoke Chart, except that if a person can show to the satisfaction of the Commissioners that an emission of air contaminants contains less than ten one-hundredths pound of particulate matter per one thousand pounds of dry exhaust gas, adjusted to 12 per centum carbon dioxide (or 50 per centum excess air) for fuel-burning equipment or incinerators, such emission shall not be prohibited by this paragraph.

(2) Visible emissions existing at ground level past the lot line of the property on which the source of the emissions is located are prohibited.

(b) (1) No person shall cause, suffer, or allow to be emitted into the outdoor atmosphere from any fuel-burning equipment or premises, or to pass a convenient measuring point near the stack outlet, particulate matter in the flue gases to exceed sixty one-hundredths pound per one million British thermal units heat input for installations using less than ten million British thermal units per hour total input. In the case of installations using greater than ten million British thermal units per hour total input, the allowable particulate emission limitation shall be determined in accordance with the following graph:

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(2) The burning of refuse in fuel-burning equipment is prohibited except in equipment from which no visible emissions in excess of that permitted by subsection (a) of this section and no particulate matter in excess of that permitted by this subsection are emitted, and no odors arising from the installation are observable beyond the premises on which the installation is located.

(3) No person shall cause, suffer, or allow to be emitted into the outdoor atmosphere from any incinerator or premises, or to pass a convenient measuring point near the stack outlet particulate matter to exceed sixty-five one-hundredths pound per one thousand pounds of the flue gas, adjusted to 12 per centum carbon dioxide (or 50 per centum excess air) and calculated as if no auxiliary fuel had been used, for incinerators designed for burning up to two hundred pounds of refuse per hour or to exceed thirty one-hundredths pounds per one thousand pounds of flue gas, adjusted to 12 per centum carbon dioxide (or 50 per centum excess air) and calculated as if no auxiliary fuel had been used, for incinerators designed for burning two hundred or more pounds of refuse per hour. In no case shall the total discharge of particulate matter in any one hour exceed two hundred and fifty pounds.

(4) No person shall cause or permit any materials to be handled, transported, or stored in a manner which allows or may allow particulate matter to become airborne. No person shall cause or permit a building or its appurtenances or a road to be constructed, altered, repaired or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne.

(5) The maximum allowable emission of particulate matter from any source, except fuel-burning equipment and incinerators, shall be determined in accordance with the table set out below. Where the process weight per hour falls between two values in the table, the maximum weight discharged per hour shall be determined by linear interpolation. The table is as follows:

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When the process weight is in excess of sixty thousand pounds per hour, there shall not be discharged in any one hour from any source particulate matter in excess of 0.066 per centum of the process weight per hour.

(6) Stack emission tests for particulate matter shall be undertaken by generally recognized standards or methods of measurement. Methods found in the A.S.M.E. Test Code for Dust Separating Apparatus, PTC 21-1941, the A.S.M.E. Test Code for Determining Dust Concentrations in Gas Streams, PTC 27-1957, and the Los Angeles County Source Testing Manual shall be used, but these may be modified or adjusted by the Commissioner to suit specific sampling conditions or needs based upon good practice, judgment, and experience.

(c) (1) No person shall cause, suffer, or allow any emissions of gases, vapors, or odors beyond the property line from which such emissions occur, to be in sufficient quantities and of such characteristics and duration as is or is likely to be injurious to the public welfare, to the health of human, plant or animal life, or to property, or which interferes with the enjoyment of life and property. (2) No person shall use fuels the sulfur content of which exceeds 1 per centum by weight.

(3) In the absence of appropriate control measures, no person shall use products which, either by themselves or due to additives or impurities, result in air pollution.

OPEN BURNING

SEC. 10. (a) Except as provided in subsection (b), no person shall kindle an open fire in any public or private place outside any building. Fires started in violation of this Act shall be promptly extinguished by the person responsibile for such fire upon notice by the Commissioners.

(b) (1) Except as otherwise provided in this subsection, open burning may only be done under a permit issued by the Commissioners. A permit may be issued under this subsection only if the Commissioners determine that—

(A) there is no practical available alternate method for the disposal of the material to be burned,

(B) no hazardous condition will be created by such burning,

(C) no salvage operation by open burning will be conducted, and

(D) no leaves will be burned in those areas where provision is made for their public collection.

The Commissioners may impose conditions with respect to a permit issued under this subsection for the purpose of preventing the creation of smoke which is prohibited by this Act or protecting property and the health, safety, and comfort of persons from the effects of the burning. Such conditions may be imposed with respect to a permit at any time by notice to the person holding such permit.

(2) Open burning of leaves without a permit may be done in those areas where there is no provision for the public collection of leaves.

(3) Open fires may be set without a permit by a public officer in the performance of his official duties if such fires are set

(A) for the prevention of a fire hazard which cannot be abated by other means;

(B) for the instruction of public firefighters or industrial employees who are under the supervision of the Fire Marshal; or

(C) for the protection of the public health.

(4) The following types of open fires may be set without a permit if no smoke violation or other nuisance is created:

(A) Fires used for the cooking of food.

(B) Fires in salamanders or other devices used for heating by construction workers or other workers.

(C) Fires set in the course of agricultural operations in growing crops or raising fowl or animals.

(D) Fires set for recreational purposes.

(c) Notwithstanding any other provision of this section, no open burning may be done during an air pollution alert declared by the Commissioners.

OPERATION OF EQUIPMENT

SEC. 11. (a) Any equipment that may produce air contaminants shall not be operated or maintained in such a manner that a nuisance is created. Nothing in this Act relating to regulation of emission of air contaminants shall in any manner be construed as authorizing or permitting the creation or maintenance of a nuisance.

(b) The engine, power, and exhaust mechanism of every motor vehicle shall be so equipped, adjusted, and operated as to prevent the escape therefrom of excessive fumes or smoke.

(c) After July 1, 1970, there shall not be operated for a period of longer than thirty days on the public ways of the District of Columbia any motor vehicle which is not equipped with either (1) an engine meeting the Commissioner's air pollution standards or (2) an exhaust control device meeting such standards.

MALFUNCTION OF EQUIPMENT

SEC. 12. Emissions which exceed any of the limits established in sections 9, 10, or 11 of this Act and which result from any unusual condition in or malfunction of any incinerator or any process, fuel-burning, or control equipment or related operating equipment, which condition or malfunction is beyond the control of the person owning or operating such equipment, shall not be deemed to be in violation of those sections if the owner or operator advises the Commissioners within twenty-four hours of the circumstances and outlines a corrective and preventive program acceptable to the Commissioners.

ENFORCEMENT

SEC. 13. (a) Whenever the Commissioners have reason to believe that a violation of any provision of this Act or a rule or regulation issued pursuant thereto has occurred, the Commissioners may cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of the Act, rule, or regulation alleged to be violated, and the facts alleged to constitute a violation thereof, and may order that the necessary corrective action be taken within a reasonable time. Any such order shall become final unless, no later than five days after the date such order is served, the person or persons named therein request in writing a hearing before the Commissioners. In lieu of such order the Commissioners may require that the alleged violator or violators appear before the Commissioners for a hearing at a time and place specified in the notice, to answer the charges complained of, or the Commissioners may initiate appropriate action for the recovery of a penalty pursuant to section 19 of this Act.

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(b) After such hearing the Commissioners shall affirm, modify, or rescind the order or issue an appropriate order or orders for the prevention, abatement, or control of the air pollution involved. Such order shall prescribe the date or dates by which the violation or violations shall cease and may prescribe timetables for necessary action in preventing, abating, or controlling the air pollution. (c) Nothing in this Act shall prevent the Commissioners from making efforts to obtain voluntary compliance through warning, conference, or any other appropriate means.

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SEC. 14. Notwithstanding the provision of this Act or any other provision of law, if the Commissioners find that any person is causing or contributing to air pollution and that such pollution creates an emergency which requires immediate action to protect the public health or safety, the Commissioners shall order such person to reduce or discontinue immediately the air pollution and such order shall be complied with immediately. Upon issuance of any such order, the Commissioners, if requested by the person so ordered, shall fix a time and place for a hearing before the Commissioners, such hearing to be held within a reasonable time thereafter. Not more than twenty-four hours after the conclusion of such a hearing, and without adjournment thereof, the order shall be affirmed, modified, or set aside.

EXEMPTIONS

SEC. 15. (a) Any person responsible for any source of air contaminant may apply to the Commissioners for an exemption or partial exemption from the provisions of section 9, 10, or 11 of this Act. The application shall be accompanied by such information and data as the Commissioners may require. The Commissioners may by order grant such exemption or partial exemption if the Commissioners find that

(1) the discharges occurring or proposed to occur do not constitute a danger to public health or safety; and

(2) compliance with the provisions of the section from which exemption is sought would produce serious hardship without equal or greater benefits to the public.

(b) No exemption or partial exemption shall be granted pursuant to this section except after public hearing on due notice or until the Commissioners have considered the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general public.

(c) No order issued under this section granting an exemption or partial exemption may authorize an exemption or partial exemption for a period to exceed one year, but any such exemption or partial exemption may by an order

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