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steamship or tug-boat is undergoing inspection by a Marine Inspector in accordance with regulations of the United States Coast Guard, such steamship or tug-boat may emit into the open air smoke the shade or density of which is equal to No. 2 of the Ringelmann Chart or less, or of such opacity as to obscure an observer's view to a degree equal to or less than does smoke of No. 2 Ringelmann density, for a period or aggregate of periods of not to exceed nine minutes in any one hour, or smoke the shade, density or opacity of which is unlimited for a period or aggregate of periods of not to exceed five minutes in any one hour. The emission of smoke permitted in this paragraph (d) shall be in the alternative and not cumulative. No steamship shall emit and no person shall cause, suffer or allow to be emitted into the open air from any steamship while its fire-box is being cleaned out or a new fire is being built therein, or said marine inspector's inspection is being made, smoke the shade, density or opacity of which exceeds the limits permitted by the provisions of this paragraph, nor for longer periods of time than is herein permitted.

(e) Exemptions; Distress Operation; First Annual Entry Into Milwaukee Harbor. The provisions of this subsection (3) shall not apply to a steamship which is navigated or maneuvered in the County for the sole purpose of finding protection from unsafe conditions of navigation, provided that when such unsafe conditions cease, such steamship shall at once become subject to the provisions of said subsection. The provisions of this subsection (3) shall not apply to a steamship making its first call at the Port of Milwaukee in any calendar year.

(4) TUG-BOATS. (a) When Navigating or Maneuvering Under Own Power. A tug-boat, while navigating or maneuvering under its own power in the County inside the Milwaukee Bay breakwater and not engaged in towing a steamship may emit into the open air smoke the shade, density or opacity of which is unlimited for a period or periods aggregating not more than three minutes in any fifteen-minute period. During the remainder of such fifteen-minute period, smoke the shade or density of which is less than No. 2 of the Ringelmann Chart, or of such opacity as to obscure an observer's view to a degree less than does smoke of No. 2 Ringelmann density, may be emitted. No tug-boat shall emit and no persons shall cause, suffer or allow to be emitted into the open air from any tug-boat situated as hereinabove set forth smoke the shade, density or opacity of which exceeds the limits permitted by this paragraph (a), nor for longer periods than herein permitted.

(b) When Towing Steamships. When a tug-boat is towing a steamship within the County inside the Milwaukee Bay breakwater, it may emit smoke the shade, density or opacity of which is unlimited for a period or periods not exceeding three minutes in any twelve-minute period, and during the remainder of such twelve-minute period smoke the shade or density of which is less than No. 2 of the Ringelmann Chart, or of such opacity as to obscure an observer's view to a degree less than does smoke of No. 2 Ringelmann density, may be emitted. No tugboat shall emit and no person shall cause, suffer or allow to be emitted into the open air from any tug-boat situated as hereinabove set forth

smoke the shade, density or opacity of which exceeds the limits permitted by this paragraph (b), nor for longer periods than herein permitted. (c) While Docked. A tug-boat while docked in the County of Milwaukee inside the Milwaukee Bay breakwater may emit into the open air smoke the shade, density or opacity of which is unlimited for a period or periods aggregating not more than three minutes in any fifteen-minute period. During the remainder of such fifteen-minute period smoke the shade or density of which is less than No. 2 of the Ringelmann Chart, or of such opacity as to obscure an observer's view to a degree less than does smoke of No. 2 Ringelmann density, may be emitted. These permitted emissions shall not be cumulative to the emissions permitted by paragraph (d) of subsection (3) of this ordinance. No tug-boat shall emit and no person shall cause, suffer or allow to be emitted into the open air from any tug-boat situated as hereinabove set forth smoke the shade, density or opacity of which exceeds the limits permitted by this paragraph (c), nor for longer periods than herein permitted.

(5) LIMITATION ON DUST EMISSION. No person shall cause or allow to be emitted into the open air from any process or control equipment or to pass any convenient measuring point in the breeching or stack, dust in the gases to exceed 0.85 lb. per 1000 lb. of gases, adjusted to 12% CO2 content for the products of combustion.

(6) ASCERTAINMENT OF DUST QUANTITY. The amount of dust or solids in the gases shall be determined, unless otherwise agreed upon by the Director and the person concerned, according to the Test Code for Dust-Separating Apparatus, 1941, and the Test Code for Determining the Dust Concentration in a Gas Stream (1957) of the American Society of Mechanical Engineers, which are hereby made a part of this ordinance by reference.

(7) DISPOSAL OF DUST. Dust from dust-separating equipment and from other sources in the installation which is not to be reclaimed shall be moistened and hauled in an approved manner to a county dump or other approved point of disposal. If the dust is to be reclaimed, it shall be handled in a manner satisfactory to the Director.

(8) NUISANCES. No person shall cause or allow to be emitted into the open air from any process or control equipment, internal combustion engine, premises, or open fire, any air pollutants in a manner to cause injury, detriment, nuisance, or annoyance, or to endanger the health or safety of any person, or to cause or have a natural tendency to cause injury or damage to business or property.

(9) SEALING OF PROCESS EQUIPMENT OR PREMISES. (a) Order to Show Cause. When any person has been notified of three or more observed and recorded violations of the applicable regulations of this section in respect to the emission of air pollutants within any consecutive twelve month period, the Director shall within twenty days thereafter further notify such person to show cause before the Director on a day certain, not less than ten nor more than twenty days from the day of the notice, why the process equipment or premises causing such violation shall not be sealed.

(b) Notification. In case the person so notified is not the person liable for the violation in connection with a building, process equipment

or premises, then such notice shall also be given to other persons liable as provided in Section 89.13. The notice herein provided for may be given by registered mail directed to the last known address of the person or or persons to be notified, with return receipt of addressee required, or if the person or persons or their whereabouts are unknown, then by posting a notice on or near the premises at which the violations shall have occurred.

(c) Hearing; Duty to Seal; Appeal. Upon such certain day the person notified may appear and be heard. Upon such hearing, if the Director finds that adequate corrective means and methods have not been employed to correct the cause of such condition, then it shall be his duty to seal the process equipment or premises until such time as an Installation Permit and Operating Permit as provided under this ordinance have been applied for and issued for the process equipment or premises. The person may within ten days of such decision appeal the finding to the Appeal Board and the appeal shall stay the sealing pending the appeal. No process equipment or premises shall be sealed until expiration of the time for appeal. (See Section 89.17).

(10) VIOLATION OF SEAL PROHIBITED. No person shall violate the seal on any process equipment or premises that has been sealed at the direction of the Director, unless authorized by the Director in writing to do so.

(89.11 (9) & (10) Amended Sept. 12, 1963 J. Proc., p. 1254-1255, 1257; published and effective September 26, 1963)

89.12 Entrance to Premises. No person shall in any manner hinder, obstruct, delay, resist, prevent, or in any way interfere or attempt to interfere with the Director, the Deputy Director, or department employees in the performance of their duly authorized duties by refusing them entrance to the premises at reasonable hours upon identification.

89.13 Persons Liable. All persons owning, operating, or in charge or control of any equipment or premises who shall cause, suffer, allow, permit or participate in any violation of this ordinance either as proprietors, owners, lessees, tenants, managers, superintendents, constructors, installers, mechanics, repairmen, captains, janitors, engineers, firemen, or otherwise, shall be individually and collectively liable for any penalties imposed by this ordinance.

(89.13 Amended Sept. 12, 1963 J. Proc., p. 1254-1255, 1257; published and effective September 26, 1963)

89.14 Penalties for Violations. (1) Any person who shall violate any of the provisions of this ordinance shall, upon conviction thereof, be sentenced to pay a fine of not less than $25.00 nor more than $50.00 for the first violation thereof, and not less than $50.00 nor more than $100.00 for each succeeding violation, together with the cost of the action, and in default of payment of said fine,and costs of prosecution, the person shall be imprisoned in the county jail or the House of Correction of Milwaukee County for a period not to exceed thirty days. Each day's violation shall constitute a separate offense.

(2) The unlawful emission of air pollutants from each stack or premise shall constitute a separate offense.

(3) The Director, or the Inspectors, upon instructions of the Director, shall have authority to institute complaints against all persons

violating any provisions of this ordinance.

(4) Whenever any person has been found by the Director or his Inspectors to have repeatedly violated the provisions of Chapter 89 of the General Ordinances and particularly Section 89.11 (8) thereof, the corporation counsel is authorized and directed, upon written request of the Director and when in his opinion the facts warrant, to commence appropriate civil legal action in the name of Milwaukee County to enjoin and restrain further continuance of such violation.

(89.14 (2) Amended Sept. 12, 1963 J. Proc., p. 1254-1255, 1257; published and effective September 26, 1963)

89.15 Period of Grace. (1) When a person violating any of the provisions of this ordinance with respect to the emission of air pollutants, produces evidence satisfactory to the Director that he has taken all steps possible to provide for compliance with the provisions of the ordinance, but that the acquisition of the proper equipment or device cannot be obtained or effected immediately, the Director shall have the discretion in such cases to allow a period not exceeding twelve months from the date of application therefor, within which the necessary equipment or device is to be acquired and installed. In a case where the Director has granted a grace period of up to one year, and notwithstanding that the person has given a bona fide order for the equipment required to comply with the ordinance, it appears probable that such equipment will not be delivered within such grace period, the person may apply to the Board of Appeals for an extension of the grace period, serving notice of such application upon the Director. The Board of Appeals shall consider such request and within twenty days after receipt of same, if it is satisfied that there is good cause for further extension of such grace period, by written order may extend such grace period for any time not to exceed one year from the end of the grace period granted by the Director.

(2) During said period of grace granted by the Director or by the Board of Appeals, the person violating the ordinance shall not be subject to the fines or penalties herein prescribed; provided, however, that where such person fails in the time allowed to conform with the provisions of this ordinance, he shall be subject to all the fines and penalties herein prescribed dating from the date of the beginning of the period of grace permitted him.

89.16 Maintenance of Records. The Director shall keep in the office of the Department of Air Pollution Control all applications made, and a complete record thereof, as well as of all permits and certificates issued. He shall keep a record of all air pollution observations on all stacks and generally of the work done by the department. All such records shall be open for inspection by the public at all reasonable times.

89.17 Appeals to Appeal Board. (1) Any person taking exception to any decision or order of the Director in the interpretation of the Rules and Regulations set forth in Section 89.20 of the General Ordinances affecting such person's property or from any order sealing equipment, may appeal to the Appeal Board. Such appeal shall be taken within ten days after the decision or order complained of, by filing with the County Clerk as ex-officio secretary of the Appeal Board, a notice of appeal specifying the decision or order appealed from, the reasons for such

appeal, and the relief sought. At the time of filing such appeal, the appellant shall deposit $15 with the County Clerk to cover the cost of the hearing. A copy of such notice of appeal shall be served upon the Director and upon receipt thereof he shall promptly furnish to the Appeal Board all the papers relating to the decision or order appealed from. The chairman of the Appeal Board shall set a dat for the hearing of such appeal not less than five nor more than ten days after the date on which the appeal was filed with the secretary of the Appeal Board, and shall give notice thereof by mail or by service by the Sheriff to the Director and the party taking the appeal. Such appeal shall operate to stay the decision or order appealed from until the decision of the Appeal Board is rendered. The appellant may prosecute the appeal in person or by an agent or attorney. The Appeal Board shall within ten days after the conclusion of the hearing by written decision affirm, modify or set aside the decision or order appealed from, and cause a copy thereof to be promptly delivered to the appellant and the Director. Such decision shall be binding upon the appellant and the Director unless reversed by the Circuit Court of the County in certiorari proceedings. If the decision or order of the Director is affirmed by the Board of Appeals, the $15 deposit shall be forfeited to the County. If the decision or order of the Director is modified or reversed by the Board of Appeals and the Director does not within ten days commence certiorari proceedings to review the Board's decision, the costs of the hearing shall be borne by the County, and the $15 deposit shall be refunded to the appellant. If the Director commences certiorari proceedings, the forfeiture or refunding of the deposit shall abide the result of the court decision.

(2) The Board of Appeals is empowered to grant an extension of the grace period, as provided in Section 89.15. No deposit shall be required in case of application for such extension.

89.18 Co-ordination of Municipal and County Regulations. After, and subject to rules and regulations to be adopted, unless a municipality within Milwaukee County has adopted an air pollution control ordinance at least equally restrictive, no permit for the erection, construction or alteration of any building, plant or structure related in any manner to process or control equipment shall be issued by any department of any of the several municipalities in the County of Milwaukee until the Director has issued a permit covering the property under his jurisdiction to be used in the building, plant or structure as provided in Section 89.05, or has indicated that, in his judgment, the plans submitted will permit the installation of facilities adequate for compliance with the provisions of this ordinance.

89.19 Declaration of Public Purpose of Ordinance. It is declared that this ordinance is enacted in the interests of the public health and welfare of the residents of Milwaukee County. If any part of this ordinance shall be declared to be invalid, such invalidity shall not affect the remaining portions of this ordinance, the County Board of Supervisors hereby declaring that it would have passed such remaining portions of this ordinance notwithstanding such invalidity.

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