and 89.09. The observation of three violations of Section 89.11 in any consecutive twelve-month period shall be deemed sufficient cause for finding such equipment, appurtenances, fuel or raw materials unsuitable as hereinabove specified, and for the making of such order. Any person, upon receipt of an order requiring such changes to be made, shall forthwith notify the Director what period of time is needed to comply with such order and shall submit plans and specifications indicating the work to be done or specifications of the fuel and raw materials to be used. Where required, an Installation Pemmit, Operating Permit, and Certificate of Operation shall be secured in accordance with Section 89.05.

(89.095 (3), (4) repealed July 21, 1964 J. Proc., p. 1132-1134, 1139; published & effective July 30, 1964)

89.10 Fees. (1) The following fee schedule shall apply to all new, reconstructed or altered combustion process equipment installed in Milwaukee County. This is the total fee to be charged for an Installation Permit, Operating Permit and Certificate of Operation as required in Section 89.05.

(See attached air pollution fee schedule)

(2) Upon receipt of a written request for any persons for quantitative and qualitative tests of emissions to the open air from any source for which such person is responsible under the provisions of the ordinance, the Director may authorize and arrange for such tests to be conducted at the expense of such person by qualified employees of the Department of Air Pollution Control. An estimate of cost shall first be submitted to the person making the request, stating the charges per day of the field test party and for other laboratory and office work which may be necessary. Upon written approval of the requesting person to the terms and amount of the estimated costs, the tests may proceed, provided safe and suitable facilities for access to the test location have been provided by the person requesting such test work. Scaffoldings shall conform to the requirements of Chapter 35 - Safety in Construction" of the Industrial Commission Codes of the State of Wisconsin. The charge shall be computed on the basis of actual costs for labor, materials and suitable allowance for depreciation to equipment and apparatus.

(3) The following fee schedule shall apply to all new, reconstructed or altered incinerator equipment installed in Milwaukee County. The total fee to be charged for an Installation Permit, Operating Permit, and Certificate of Operation required by Section 89.05 shall be $1.00 per sq. ft., or any additional fraction thereof, of combined grate and hearth area with a minimum fee of $2.00 and a maximum fee of $100.00.

AIR POLLUTION FEE SCHEDULE FOR COMBUSTION PROCESSES

(Based on Maximum Hourly Fuel Consumption)

**

Approx. 80% Boiler Efficiency

- Approx. 72% Overall Thermal Efficiency (Boiler and Line Loss)

EXEMPTIONS:

(89.10 Amended July 21, 1964 J. Proc.. p. 1132-1134. 1139: published &

89.11 Limits of Emission and Standards of Measurement. (1) IN GENERAL. (a) Ordinary Operation. No person shall cause, suffer, or allow to be emitted into the open air from any stack or chimney, process or control equipment, intemal combustion engine, premises, open fire, or any other source, smoke the shade or density of which is equal to or greater than No. 2 of the Ringelmann Chart, or of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke of No. 2 Ringelmann density, except that smoke the shade, density or opacity of which is equal to but does not exceed No. 2 of the Ringelmann Chart may be emitted for a period or periods of not to exceed two minutes in any thirty-minute period and except when the fire-box is being cleaned out or a new fire is being built therein, or when a break-down of equipment occurs such as to make it evident that the emission was not

reasonably preventable.

(b) Clean-Outs; New Fires. When the fire-box is being cleaned cleaned out or a new fire is being built therein, smoke the shade or density of which is equal to but does not exceed No. 2 of the Ringelmann Chart, or of such opacity as to obscure an observer's view to a degree equal to but does not exceed smoke of No. 2 Ringelmann density, may be emitted into the open air for a period or aggregate of periods not exceeding nine minutes in any one hour; or smoke of unlimited shade, density or opacity may be emitted into the open air for a period or aggregate of periods not exceeding five minutes in any one hour. The emission of smoke permitted in this paragraph (b) shall be in the alternative and not cumulative. No person shall cause, suffer, or allow to be emitted into the open air during the cleaning out of a fire-box or the building of a new fire therein, smoke the shade, density or opacity of which exceeds the limits permitted by the provisions of this paragraph (b), nor for a longer period than herein permitted.

(c) Exceptions. The provisions of paragraphs (a) and (b) of this subsection (1) shall not apply to railroad locomotives in or ready for service nor to steamships.

(2) LOCOMOTIVES. (a) In or Ready for Service. Smoke the shade, density or opacity of which is unlimited may be emitted into the open air from any railroad locomotive in or ready for service for a period or aggregate of periods not to exceed forty-five seconds in any threeminute period. During the remainder of such three-minute period, smoke the shade or density of which is equal to but does not exceed No. 2 of the Ringelmann Chart, or of such opacity as to obscure an observer's view to a degree equal to but does not exceed smoke of No. 2 Ringelmann density, may be emitted. No person shall cause, suffer or allow to be emitted into the open air from any railroad locomotive in or ready for service, smoke the shade, density or opacity of which exceeds the limits permitted by the provisions of this paragraph (a), nor for a longer period than herein permitted, except when a break-down of equipment occurs such as to make it evident that the emission was not reasonably preventable.

(b) Clean-Outs; New Fires; Diesel Startup. When a fire-box is being cleaned out or a diesel locomotive is first started up or a diesel locomotive which has been idling over a period of one shift is put back into use or a new fire is being built in a railroad locomotive, smoke the shade or density of which is equal to but not greater than No. 2 of the Ringelmann Chart, or of such opacity as to obscure an observer's view to a degree equal to but not greater than smoke of No. 2 Ringelmann density, may be emitted into the open air for a period or aggregate of periods not to exceed nine minutes in any one hour; or smoke the shade, density or opacity of which is unlimited may be emitted into the open air for a period or aggregate of periods not exceeding five minutes in any one hour. Emission of smoke as permitted by the provisions of this paragraph (b) shall be in the alternative and not cumulative. No person shall cause, suffer or allow to be emitted into the open air from any railroad locomotive while the fire-box thereof is being cleaned out or a diesel locomotive is first started up or a diesel locomotive which has

been idling over a period of one shift is put back into use or a new fire is being built therein, smoke the shade, density or opacity of which exceeds the limits permitted by this paragraph (b), nor for longer periods than herein permitted.

(3) STEAMSHIPS. (a) When Navigating or Maneuvering. A steamship while navigating or maneuvering in the County 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. No steamship shall emit and no person shall cause, suffer, or allow to be emitted into the open air from any steamship 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) Steamships Docked. When any steamship is docked within the County, except as hereinafter provided in paragraphs (c), (d), and (e) of this subsection (3), it may emit 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, except that during the last fifteen minutes before such steamship leaves such dock, such steamship may emit smoke the shade or density of which does not exceed No. 3 of the Ringelmann Chart, or of such opacity as to obscure an observer's view to a degree greater than does smoke of No. 3 Ringelmann density, for a period or aggregate of periods not to exceed three minutes; but provided, further, that such permitted emission shall not be cumulative to the emission permitted by paragraph (d) of this subsection. No steamship shall emit, and no person shall cause, suffer or allow to be emitted into the open air from any steamship 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) Self-Unloading Steamships. Steamships equipped with selfunloading machinery which is operated by power from the main power plant of such steamship may, while docked in the County and while such self-unloading machinery is actually and necessarily operating in the discharge of cargo, emit smoke the shade, density or opacity of which is unlimited for three minutes in any twelve-minute period. During the remainder of such twelve-minute period, such steamship so equipped and while so operated may emit 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. No steamship so equipped and while so operated shall emit and no person shall cause, suffer or allow to be emitted into the open air from such steamship smoke the shade, density or opacity of which exceeds the limits permitted by the provisions of this paragraph.

(d) Clean-Outs; New Fires. When a fire-box is being cleaned out or a new fire is being built therein in a steamship or tug-boat, or such