and observations of air pollution conditions.

(b) The issuance of permits, certificates and notices under this ordinance; the keeping of applications, specifications, plans, permits, certificates, violations, complaints, and other records on file for department purposes only.

(c) The examination of so much of the plans or specifications for all new buildings and for the alteration of all existing buildings as may be necessary to assure that they are in accordance with Section 89.05 and the rules and regulations established by this ordinance.

(d) The examination of the application and plans or specifications for the construction, installation or alteration of any process or control equipment or any equipment or device pertaining thereto, and, if found to meet the requirements of the rules and regulations, the issuance of an Installation Permit.

(e) The inspection of the installation of all equipment for which a permit has been issued, and when found that the work is completed in accordance with the rules and regulations, the issuance of an Operating Permit, and thereafter when operation is demonstrated to comply with the provisions of this ordinance, the issuance of a Certificate of Operation.

(f) The publication and dissemination of information on methods of air pollution reduction.

(g) The enlistment of the co-operation of civic, technical, scientific and educational societies.

(h) To institute necessary proceedings to prosecute violations of this ordinance and to compel the prevention and abatement of the emission of air pollutants and nuisances arising therefrom.

(2) The duties of the Advisory Board shall include the following: (a) To act as advisor to the Director.

(b) To consider and make recommendations as to such rules and

regulations as may be presented by the Director.

(c) To consider and make .ecommendations to the County Board of Supervisors on any matters deemed to be in the best interest of effective air pollution control for Milwaukee County.

(3) The duties of the Board of Appeals shall be as set forth in Section 89.01 (5), 89.15 and 89.17 hereof.

89.04 Establishment of Rules and Regulations. (1) The Director is hereby authorized and directed to prepare, with or without the advice of the Advisory Board, and present to the County Board of Supervisors for consideration, rules and regulations for the installation and operation of process or control equipment and all other devices susceptible for use in such a manner as to violate the provisions of the ordinance; as to the kind of fuel to be used for various types of equipment; and as to necessary auxiliary devices that aid in meeting the requirements of this ordinance. When adopted by the County Board, such rules and regulations shall have the force and effect of an ordinance. The County Board of Supervisors, with or without the recommendation of the Director or the Advisory Board, may from time to time alter, amend, or rescind such rules and regulations and promulgate such additional rules and regulations

as are deemed advisable. Such rules and regulations as may be prepared, revised, amended or rescinded shall be made effective thirty days after their publication in the official newspaper of the County.

(2) Where reference is made in this ordinance to the standards or recommended practices of national technical societies or associations, such rules or regulations shall form and be considered an integral part of the ordinance in the same manner and extent as if fully reproduced therein. Not less than two copies of such standards or recommended practices of national technical societies and associations shall be kept on file at all times in the office of the Department of Air Pollution Control and shall be available for consultation by the public.

89.05 Installation Permit, Operating Permit, and Certificate. of Operation. (1) No person shall construct, install, reconstruct or alter any process or control equipment pertaining thereto, for which a fee is required under Section 89.10, for use within the county until an application, including not less than two sets of plans or specifications, or both, of the process or control equipment and structures or buildings used in connection therewith, has been filed by the person or his agent in the office of, and has been approved by, the Director and an Installation Permit issued by him for such construction, installation or alteration. All Applications for Installation Permits shall indicate whether any work has been done prior to securing the Installation Permit.

(2) The above mentioned plans or specifications shall show the form and dimensions of the process or control equipment, together with the description and dimensions of the building or part thereof in which such process or control equipment is to be located, including the means provided for admitting the air for combustion processes, the character of the fuel to be used, the maximum quantity of such fuel to be burned per hour, the kind and amount of raw materials processed, the expected air pollutant emission rate, the operating requirements, and the use to be made of such process or control equipment shall be stated.

(3) Maintenance or repair which does not change the capacity of such process or control equipment and which does not involve any change in the method of processing or affect the emission of air pollutants therefrom, may be made without an Installation Permit.

(4) An emergency repair other than as specified in sub-section (3) of this section may be made prior to the application for an Installation Permit if serious consequences may result if the repair were deferred. When such repair is made, the person concerned shall notify the Director on the first business day after the emergency occurred and file an application for an Installation Permit if directed to do so by the Director.

(5) Where work is begun in violation of Installation Permit requirements, the Director may grant such permit, conditional upon removal of all faulty work. The Installation Permit fee shall be doubled in such cases.

(6) An application shall be approved or rejected within ten days after it is filed in the office of the Director. Upon the approval of the application and upon the payment of the prescribed fees, the Director shall issue a permit for the construction, installation, or alteration of such process or control equipment. Failure to approve the application

within ten days shall be deemed a rejection.

(7) No construction, installation, reconstruction, or alteration shall be made which is not in accordance with the plans, specifications, and other pertinent information upon which the Installation Permit was issued without the written approval of the Director.

(8) Violation of the Installation Permit shall be sufficient cause for the Director to stop all work, and he is hereby authorized to seal the installation. No further work shall be done until the Director is assured that the condition in question will be corrected and that the work will proceed in accordance with the Installation Permit.

(9) No person shall violate the seal on any process or control equipment that has been sealed at the direction of the Director unless authorized by the Director in writing to do so.

(10) If construction, installation, reconstruction or alterations is not started within one year of the date of the Installation Permit, the permit shall become void and all fees shall be forfeited, unless an extension of time is warranted and granted by the Director.

(11) No person shall operate or cause to be operated any new or altered process or control equipment or any equipment pertaining thereto for which an Installation Permit was required or was issued until an inspection has been made by the Director and an Operating Permit is issued. The person responsible for the installation, construction or alteration of any process or control equipment for which Installation Permit is required, shall notify the Director when the work is completed and ready for final inspection. An Operating Permit may be issued in accordance with this sub-section upon payment of fees, as required in Section 89.10 for existing process or control equipment where such equipment, related heat absorbing equipment, appurtenances or class of fuel used or to be used, are found to be at variance with the requirements of Section 89.06 or 89.09. The Director is hereby authorized to seal the equipment in operation for which an Operating Permit was not obtained as required in this ordinance.

(12) After the Operating Permit has been issued and it is demonstrated to the satisfaction of .the Director that the process or control equipment can be operated in compliance with this ordinance, a Certificate of Operation shall be issued by the Director. Said Certificate of Operation shall be kept posted on or near the installation for which it was issued. The Certificate of Operation shall properly identify the equipment to which it pertains and shall specify the class of fuel, type of raw materials used, if any, for which the equipment and appurtenances have been designed or which has been successfully used in the operating test. Failure to operate successfully under test within the limitations and requirements of the Ordinance under an Operating Permit shall constitute sufficient grounds for ordering changes in the process or control equipment or appurtenances before a Certificate of Operation can be granted. Responsibility for proof, and all expenses incurred in running. the tests under the Operating Permit shall be borne by the person owning, operating or in charge of control of such equipment, or their agents. The Director may, if in His opinion the nature of the process or control equipment and its appurtenances in consideration of the use to which it

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is to be put so justifies, waive the demonstration or test operation under the Operating Permit, but such waiver shall in no manner provide immunity from prosecution for violations of the requirements of Section 89.11 of the ordinances. When a Certificate of Operation is refused, the Director is authorized to seal the process or control equipment until the person required to procure the Certificate of Operation shall have complied with the provisions of this ordinance.

(13) The issuance by the Director of any Installation Permit, Operating Permit, or Certificate of Operation shall not be held to exempt the person to whom the permit or certificate was issued or who is in possession of the same, from prosecution for the emission of air pollutants prohibited by this ordinance.

(14) The provisions of this section shall not apply to locomotives or steamships.

(89.05 (1) repealed & recreated July 21, 1964 J. Proc., p. 11321134, 1139; published & effective July 30, 1964.

89.05 (former section (13)) repealed July 21, 1964 J. Proc., p. 11321134, 1139; published & effective July 30, 1964

89.05 (13), (14) renumbered respectively from sections (14), (15) July 21, 1964 J. Proc., p. 1132-1134, 1139; published & effective July 30, 1964)

89.06 Sale, Use, or Consumption of Certain Fuels. (1) The sale, delivery for use, or use within the County of solid fuel for hand-fired equipment which is not a certified solid fuel is prohibited.

(2) Solid fuel which is not a certified solid fuel can be used only in approved mechanical fuel-burning equipment.

(3) Each person selling volatile solid fuel for use in the County shall furnish the buyer with a bill of sale or delivery slip on which is plainly recorded the date of delivery, the name of the seller, the name of the buyer, the quantity delivered, and, if the fuel is certified solid fuel, a statement to that effect.

(4) The provisions of this section shall not apply to steamships.

89.07 Fuel Shortage Emergency. Whenever the Director shall recommend to the County Board that an emergency situation exists whereby, because of the shortage of certified solid fuel or other fuels, there is likelihood that the provisions of Section 89.06 cannot be complied with by suppliers of and vendors of such fuel in the County during a certain period, or it is not possible to operate within the provisions of Section 89.11, the County Board of Supervisors, upon being satisfied that such emergency does in fact exist, may declare the existence of an emergency period or waive the limitations of Sections 89.06 and 89.11 for the same period.

89.08 Reporting of Sales and Purchases. (1) It shall be the duty of all persons engaged in the business of selling process or control equipment to report to the Director in accordance with rules and regulations adopted the sale of such equipment to be installed within the County of Milwaukee; and it shall be the duty of every person purchasing

any of said equipment to give to the seller a statement in writing signed by such purchaser or his duly authorized agent setting forth the correct street and house number address of the building in which such equipment is to be installed. The report herein required shall be in writing and shall be delivered by the seller to the Director within seven days after such sale, ahd shall contain the name and address of the purchaser and the location of the building in which such equipment is to be installed or used.

(2) For the purpose of obtaining facts with respect to the compliance with this section, the Director is hereby authorized to demand and shall be furnished with a true and correct report at any time showing in detail the equipment sold, and the names and addresses of the persons purchasing said equipment, together with the addresses of the buildings in which such equipment is to be installed.

(3) Any person violating any of the provisions of this section or making any false statement or report in connection with the sale of any equipment mentioned in this section shall be subject to the fines and penalties hereinafter provided.

(4) The provisions of this section shall not apply to wholesale transactions made for the purpose of resale.

89.09 Equipment. (1) All solid fuel-burning equipment shall be equipped for mechanical firing with a stoker, pulverized fuel burner, or other approved device, or a certified solid fuel shall be used.

(2) All installations, excepting stand-by equipment placed in use in an emergency and used for a period or aggregate of periods of not to exceed 10% of any one year, using pulverized fuel burners, spreader type stokers, or other similar solid fuel suspension-burning type of equipment, shall be provided with approved dust-separating equipment. The Director shall be notified of such emergency within twelve hours after the happening thereof.

(3) The provisions of this section shall not apply to steamships. (4) Where existing process or control equipment covered by the provisions of the ordinance are found by tests to be incapable of operation within the limitations and requirements specified in Section 89.11, changes shall be made in such equipment, apparatus, devices or structures in accordance with orders issued by the Director, subject to appeal as provided for in Section 89.17.

89.095 Suitable Process or Control Equipment and Fuels. (1) All process or control equipment related heat-absorbing equipment, appurtenances, fuels or raw materials used or to be used shall be suitable under operating conditions for compliance with requirements of Section 89.11.

(2) Where process or control equipment, related heat-absorbing equipment, appurtenances, fuel or raw materials are found to be unsuitable for lawful operation within the limitations prescribed in Section 89.11, the Director may order changes to be made in such equipment, appurtenances, fuel or raw materials as may be necessary to secure, under operating conditions, compliance with requirements of said Section. 89.11 irrespective of compliance with the requirements of Section 89.06