ORD 36210 - Amend chapter 41 of municipal code re air quailty control pN►nHe.NF p ll t_ 4''.+ i. D
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GiPA . { ' 32 Omaha/Douglas Civic Center
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o�F- ry� March 18, 2003 y` Omaha,Nebraska 68183-0601
(402)444-5220
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OMAHA h i; aS' .
City of Omaha Norm Jackman,P.E.
Mike Fahey,Mayor Acting Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith an Ordinance to amend Section 41 of the Omaha Municipal Code. This is
to adopt new•amendments to Title 129 of the State Pollution Regulations as approved by the
Nebraska Environmental Quality Council, the State Attorney General, and the Governor on
November 20, 2002.
The changes to Section 41-2 include Chapter 5, 6, 23, 29, 30, and 32 of Title 129. Also included
are changes to Section 41-23, 41-58, 41-80 and Appendix B, Sources of Objectionable Odors.
The changes primarily include corrections of previous typographical errors and changing the
dates listed to match newer regulatory dates. There are also several new sources of objectionable
odors added in Appendix B, including coffee roasters, foundries, tire manufacturers, and
wastewater treatment plants.
A catalog of all the changes, including deletions (strikeouts) and additions (underlines) is on file
in the City Clerk's office. Unless specifically amended here, the previously adopted regulations
are unchanged.
The Public Works Department requests your consideration and approval of the attached
Ordinance.
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Respectfully submitted, Referred to City Cot, it for Consideration:
27- Qj 4,54i 2'� -o;
Norm Jac an, P.E. ft Date Mayor's Offi e Date
Acting Public Works Director �J
Approved as to Funding:
/C4..),"—)
Stanley P. Timm Date
Finance Directoefil •
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I +
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ORDINANCE NO. ol/Q
AN ORDINANCE to amend Sections 41-2, 41-23, 41-58, 41-80 and Appendix B of the Omaha
Municipal Code dealing with air quality control; to adopt the most recent version of Title
129 of the Air Pollution Rules and Regulations of the State of Nebraska, with certain
amendments thereto; to repeal Sections 41-2, 41-23,41-58, and 41-80 of the Omaha
Municipal Code as heretofore existing; and, to provide for the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That Section 41-2 of the Omaha Municipal Code is hereby amended to
read as follows:
Chapter 5 Operating Permits—when required
Section. 001.02AB (delete the amendment) "fifty tons/year" to
"twenty five tons/year and"
The state has amended Section 001.02AB so that this
modification is unnecessary. The additional change in this
section remains, and is consistent with the additional
amendments to Chapter 5.
Section 002. (would be adopted in whole, no longer being
amended.)
The State's standard on emergency generators would
adopt. If the existing amendments remained, the OMC
would be less stringent than the State's standard.
Chapter 6—mmission-Reporting: Who„ Required
(Would be adopted in whole, no longer being amended)
The State of Nebraska has changed the due date to agree
with the date previously changed to in the OMC.
Chapter 23 Hazardous Air Pollutants: Emission Standards
Section 003 (b) (would be amended to read) "Call or fax the
control officer"
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ORDINANCE NO. /p Z/p
PAGE 2
This is for the convenience of the regulated community, and
to bring the regulations into compliance with current
practice.
Section 003 (c) Submit to the control officer a copy of the project
site diagram. (Strike this amendment in its entirety)
This section is dropped. The State Health and Humane
Services requirement for submitting a site map has been
dropped, and the City of Omaha has evaluated the burden
to be greater than the benefit for it to be an additional local
requirement.
Section 003 (d)-(E1 (The number is changed for agreement.)
Chapter 29 Operating permit emission fees
Section 001 (is changed to read) " who is required to obtain a
Class I or Class II permit in accordance with Chapter 5..."
Section 002 (would be adopted in whole, no longer being
amended)
Chapter 30 Open Fires, Prohibited; Exceptions
Section 002.03 (would be amended to read) "Fires set.for the
purpose of ceremonial practices or retirement of flags of the United
States."
This section is being amended to more clearly cover
ceremonial practices, such as Native American sweat
lodges.
Section 002.5a. (Strike this amendment in its entirety)
This section is being struck because of the air quality
impact of this type of burning, and technology has allowed
more efficient reduction in tree debris volume through
grinding; available to the City.
Chapter 32 Dust; Duty to Prevent Escape of
Section 004:(Strike this amendment in its entirety)-
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ORDINANCE NO. o2,/2
• PAGE 3
This section is being dropped because the City's Erosion
control program has made this requirement redundant.
Section 005. (Strike this amendment in its entirety)
This concern has been addressed through education and
outreach. This situation, open-air sandblasting, is felt to be
better addressed through sec 002 of this chapter.-
Section 006.004 (The number is changed for agreement.)
Section 005 (A new section added for emergency enforcement)
Whenever the director or his designee finds that an emergency
exist requiring immediate action to protect the public health and
welfare, the director may, without notice or hearing, issue an order
reciting the existence of such an emergency and requiring that such
action be taken as the director deems necessary to meet the
emergency, such an order shall be effective immediately. Any
person to whom such an order is directed shall comply therewith
immediately but on application to the director shall be afforded a
hearing as soon as possible and no later than ten days after such
application.
There are a few instances where emergencies call for
immediate action; dust releases associated with new
construction / heavy equipment sometimes cause visibility
problems that need immediate attention, typically stopping
work until the haul road or work area can be watered and
maintained.
Section 2. That Section 41-23 of the Omaha Municipal Code is hereby amended to
read as follows:
Section 41.23 Prerequisites of approval
(Would be amended to read) "Approval to construct or modify a source of
air contaminants will not be granted unless the applicant.therefore shows
to the satisfaction of the control officer that the source will operate without
causing a violation of any provision of this chapter and the source will not
prevent or interfere with attainment or maintenance of any national
ambient air quality standard."
This change is correct a typographical error.
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ORDINANCE NO. c /,2/7
• PAGE 4
Section 3 That Section 41-58 of the Omaha Municipal Code is hereby amended to
read as follows:
Sec. 41.58 Emission of objectionable odors
(Would be amended to read)
Section (a) "No person shall cause or permit the emissions of.
any objectionable odorous matter into the ambient air in amounts
detectible by the standards set out hereinafter, without applying all
reasonable measures as may be required to prevent odors beyond
the premises where it originates. In the case of new sources, after
adoption of this ordinance, no source designated in appendix B in
article V of this chapter may be built or installed without applying
the most current control technology available to control odors. "
The change to this section requires that new facilities will
meet the standard set at like existing facilities upon
opening
Section 4 That Section 41-80 of the Omaha Municipal Code is hereby amended to
read as follows:
Sec. 41-80.
(Would be amended to read)
Section (d) "A pollution control system containing at a
minimum an acid gas scrubber and a particulate control device
shall be in place and in working order with a maximum emission
gas temperature of 390 degrees.Fahrenheit continuously monitored
and recorded existing from the pollution control system"
This change is correct a typographical error.
Section 5 That Appendix B, Sources of Objectionable Odors, of the Omaha
Municipal Code is hereby amended to read as follows:
Appendix B. SOURCES OF OBJECTIONABLE ODORS
(The following processes would be added)
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ORDINANCE NO. ? 2/O
_ c
PAGE 5
CC. Coffee Roasters
DD. Ferrous &Non-Ferrous Foundries
EE. Tire manufacturing &Tire Retread operations.
FF. Wastewater Treatment
This section is being updated to reflect the current manufacturing
groups that have been recognized as sources of objectionable
odors.
Section 6. That Sections 41-2, 41-23, 41-58, 41-80, and Appendix B of the Omaha
Municipal Code, as heretofore existing, is hereby repealed.
Section 7. That this Ordinance shall be in force and take effect (15) days from its
passage.
INTRODUCED BY COUNCILMEMBER
APPROVED BY:
• y/3.
M YOR OF THE CIT OF OMAHA DATE
PASSED APR - 1 2003 9-"
ATTEST
.et‘f
CIT' CLERK OPT CITY OF OMAHA ATE
APPROVED AS TO FORM:
CITY ATTORNEY DATE
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Sec. 41-1. Statement of policy.
It is hereby declared to be the public policy of the city, and the purpose
of this chapter, to achieve and maintain such a degree of purity of the air
resources of the city as will reasonably protect human health and safety,
and to the greatest degree reasonably practicable to prevent injury to
plant and animal life and foster the comfort and convenience of the
people, promote the economic and social development of the city and
facilitate the enjoyment of its natural attractions.
There is hereby adopted, for the purpose of establishing rules and
regulations for the construction, modification, use, maintenance, repair
or demolition of air contaminant sources, including permits and
penalties, those certain air regulations from title 129 of the Air Pollution
Rules and Regulations of the State of Nebraska in effect on the effective
date of this chapter, including all appendices and chapters save and
except such portions as are hereinafter deleted, modified or amended.
(Code 1980, § 41-1; Ord. No. 33102, § 1(41-1), 11-2-93)
Sec. 41-2. State regulations adopted; amendments.
Title 129 of the Air Pollution Rules and Regulations of the State of
Nebraska, including all appendices, as previously approved by the
environmental quality council and the governor up to and including the
most recent amendments of December 15, 1998 and January 10, 1999
November 20, 2003 are hereby adopted herein and incorporated herein
by reference except as provided herein.
CHAPTER 1
Amend the existing regulations definitions as follows:
Department: The public works department, environmental quality
control division, air quality control section.
Director: The director of the City of Omaha public works department or
his designee.
Regulated pollutant for fee purposes: Any regulated air pollutant
identified in the previous rules and regulations except for the following:
Carbon monoxide
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Add new definitions that will read as follows:
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Control officer: The director of the City of Omaha public works
department or his designee.
Odor: That property of an air contaminant detectible by the sense of
smell.
CHAPTER 4
Amend the existing regulations as follows:
Delete Section "007. Total reduced sulfur"
CHAPTER 5
Amend the existing regulations as follows:
001.02A2. change fifty tons/year to twenty-five tons/year.
001.02A3. change fifty tons/year to twenty-five tons/year.
001.02A4. change fifty tons/year to twenty-five tons/year.
001.02A5. change fifty tons/year to twenty-five tons/year.
001.02A6. change fifty tons/year to twenty-five tons/year.
001.02A7. change two and one-half (2.5) tons/year to one and one-
fourth (1.25) tons/year.
001.02A8. change "fifty torso /year" to "t enty five tons/year" and "Five
(5) tons/year" to "Two and one-half tons/year" and "twelve and one-half
(12.5)" to "six and one fourth (6.25)".
001.03. change the expression "001.03A and 001.03B" to "Chapters 7
through 15".
001.03A. delete.
001.03B. delete.
001.03B1. delete.
001.03B2. delete.
001.03B3. delete.
2
001.03B4. delete.
001.03B5. delete.
002. Source Category Exemptions.
002.02D. amend to read " All source categories that OAQC has
determined to not require a permit based on guidance and technical
papers available from the Environmental Protection Agency."
002.02E. delete.
CHAPTER 6
Amend the exi g regui s f,i
In section 001 delete "July 1" and replace with "March 31."
CHAPTER 9
Amend the existing regulations as follows:
002. If the director, in his or her discretion, determines a general permit
is appropriate, he or she shall initiate issuance of a general permit by
publication of a notice, which identifies the criteria for sources that
qualify for the general permit. The notice shall be published in a
newspaper with citywide circulation and shall announce the availability
of a draft general permit for public review and comment for 30 days.
CHAPTER 23
Add new sections that will read as follows:
002. Fees established--asbestos. A fee for the review of an asbestos
notification conducted by the city shall be levied against each person
required to submit such reports. Such fees shall be collected from the
owner or the person using this city service and shall be levied and
collected at the rates and in the manner established by the city council
by resolution.
003. Additional requirements. All owners or operators are subject to the
National Emission Standards for Hazardous Air Pollutants (NESHAP)
and, in addition to the other requirements of this chapter, must perform
the following before beginning asbestos work in Omaha:
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(a) Supply complete, timely notification to the control officer in
accordance with all state and federal regulations.
(b) Call or Fax the control officer within 24 hours prior to the starting of
any asbestos removal.
( mitrrrrc to the-control officer--ca copy of the project-site do iagz-am.
(c) Submit payment to the finance officer of the city's fees associated
with the project upon invoice.
CHAPTER 29
Amend the existing regulations as follows:
001. Delete "major source as defined in chapter 2" and replace with
"source as defined in chapter 1." And after "who is required to obtain a
Class I" add "or Class II"
002. Delete "major."
004. Is amended to read as follows:
Payment of fees. Any person required to submit fees pursuant to this
chapter shall submit the fees to the City of Omaha's finance department.
The fees will be payable, as indicated, upon receipt of an invoice from the
city finance department, but not prior to July 1 of each year. The receipt
of an invoice shall be acknowledgement of the city's acceptance of the
report submitted. All fees paid in accordance with this chapter shall be
nonrefundable. The city invoice shall state whether or not the emission
inventory report is accepted by the city.
Add to this chapter the following new section:
007. In the City of Omaha, the rate structure will be reviewed annually
by the director, and a report submitted to the city council,
recommending any modification. Any new rate structure will be adopted
by resolution.
CHAPTER 30
Delete the existing regulations and add to this chapter the following new
sections:
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001. No person shall cause or allow any open fires in the City of Omaha
without having written permission of the director and the Omaha fire
department.
002. Written permission can be obtained for the following purposes:
002.01. Open fires set solely for recreational purposes or for outdoor
cooking of food for human consumption.
002.02. Firework displays.
002.03. Fires set for the purpose of ceremonial practices or retirement of
flags of the United States.
002.04. Fires set for the purpose of training public and industrial fire
fighting personnel.
002.05. Fires set for vegetative clearing on park property or agricultural
zoned property.
0025a res set by the-eiy-to reduce eveium-e-ems e nd-trees
that have been collected by e c er at the-direction o sec -as a
result-9f storm damage to public p 6p +' 11 .a iter, t b
segregated—before—burning—These fires may not create an impact on
ambient air monitoring, public nuisance or traffic hazard. Fifes must be
attended continually, and may not last more than 72 hours.
CHAPTER 32
Amend the existing regulations as follows:
001. No person shall cause or permit any earth work on a two or more
acre--site er-scheduled to lasst more +h three days-w thout iying
prior notice to the control office of the location, the control measures to
be practiced, and the duration of the project. Any work not scheduled to
last .ere t a,., three-days but w ich,ini fact-exceeds threes days--alse
req es-x otificcation-to t re-control offcer.Such notic t 1' m
before the fourth day of such work. This notification shall be provided ^r
€erm-s-affweve-d-by-the contcrol of is ,@ d sub it+ d or tv-tre-start-ef
the project. The submission of the above form does not preclude the
e ef-keperater--fre eemplying-wi Mica r^ f the-moo
and state and federal regulations. The control measures must be
approved by the control officer prior to the start of the project.
-GG5Ne-pefeen-shal4-eause-ef-pefmit--an-y-uneenfine€1-eut-siele-abrasive
b sting-to eccur on-zl oj-ec^t o�rte using m ore than-ten tors-of abrasive
5
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or lasting more than three days without first giving prior notice to the
t;on th * h e .a
EAi�rA-l-6ffiE@r-8• -the�A Euzrvzr-crr�Ee=rcre -c'�Sui-As-te��ruct�Cccr,-aTrcr
the duration of the project. This notification shall be provided on forms
approved by the control officer, and submitted prior to the start of the
proj-eet -The--s- ssior „f the above fe —doe-s eclude—the
VYVZ L
,.nor/oper r fato „m complyingL, .,w;tll a plic.,ble r of the OMC
and state and federal regulations. The control technology must be
approved by the control officer prior to the start of the project.
006. 004 Any person owning or controlling any unpaved parking or
road(s) that receives three notices of violation in any 12-consecutive-
month period may be required to pave or cease using such parking or
road.
005 Whenever the director or his designee finds that an emergency exists
requiring immediate action to protect the public from a direct and
immediate threat to public safety, health ors welfare the director may,
without notice or hearing, issue an order reciting the existence of such
an emergency and requiring that such action be taken as the director
deems necessary to meet the emergency, such an order shall be effective
immediately. Any person to whom such an order is directed shall comply
therewith immediately but on application to the director shall be afforded
a hearing as soon as possible and no later than ten days after such
application.
CHAPTER 38
Delete the word "director" and substitute the words "Mayor of the City of
Omaha" throughout the chapter.
(Code 1980, § 41-2; Ord. No. 33102, § 1(41-2), 11-2-93; Ord. No. 33258,
§ 1, 5-3-94; Ord. No. 33506, § 1, 3-21-95; Ord. No. 34492, § 1, 3-17-98;
Ord. No. 34891, § 1, 5-4-99)
Sec. 41-3. Reserved.
Sec. 41-4. Enforcement-Generally.
The provisions of this chapter are directed primarily to the control of the
emission of air contaminants into the atmosphere. In this regard, the
enforcement of this chapter shall be the responsibility of the public
works department and the director of public works or his designee, the
control officer.
6
(Code 1980, § 41-4; Ord. No. 33102, § 1(41-4), 11-2-93)
Sec. 41-5. Same--Duties of county health department.
•
To the ultimate aim of establishing an appropriate air quality standard
for the city and its surrounding environs, the Douglas County health
department shall to the limit of its ability evaluate the quality of ambient
air, together with the determination of the public health implications of
that air quality. This may be accomplished through the operation of an
air quality surveillance network and the establishment, staffing and
operation of an air quality laboratory. To the end that these air quality
standards, when established, may be brought into compliance by the
enforcement of adequate emission control provisions, federal emission
standards will be enforced to achieve the ultimate goal of producing an
appropriate air quality standard for the city.
(Code 1980, § 41-5; Ord. No. 33102, § 1(41-5), 11-2-93)
Sec. 41-6. Residential incinerators.
The provisions of this chapter relating to incinerators shall
not be applicable to existing incinerators situated on residential premises
and used exclusively to dispose of the rubbish originating on the
premises until January 1, 2001; provided that the total number of
dwelling units on the premises shall not exceed five. All new incinerators
situated on residential premises shall be installed only after application
and issuance of a permit for installation has been made to the control
officer.
The control officer shall issue a permit for installation of a
residential incinerator only after receipt of a manufacturer's certificate of
compliance, or other evidence which in his discretion shall be sufficient
to certify that the proposed incinerator shall perform in compliance with
the provisions of this chapter.
(Code 1980, § 41-6; Ord. No. 33102, § 1(41-6), 11-2-93)
Cross references: Fire code, ch. 46.
Secs. 41-7, 41-8. Reserved.
Sec. 41-9. Penalties.
Any person violating any of the provisions of this chapter shall, upon
conviction thereof, be punished as provided in section 1-10 of this Code;
provided, however, knowing violations of the provisions of this chapter,
7
1
except those not related to enforcement of title 129 and the Clean Air Act
amendments of 1990, shall be subject to a maximum fine of $10,000.00
as required by federal regulations, notwithstanding the limits of section
1-10 of this Code. Each continuing day of violation shall be deemed to
constitute a separate offense.
In addition to other violations, it shall be a violation of this chapter for
any person to knowingly violate any of the applicable requirements of
this chapter, any permit condition, or any fee or filing requirement, or for
any person to knowingly make any false material statement,
representation, or certifications in any of the forms or in any notice or
report required by a permit issued under this chapter, or to knowingly
render inaccurate any required monitoring device or method.
In addition to, or as an alterative to, the foregoing criminal penalties, the
control officer may commence and prosecute, with the law department, a
civil enforcement action as provided in section 41-10.
(Code 1980, § 41-9; Ord. No. 33102, § 1(41-9), 11-2-93; Ord. No. 33258,
§ 2, 5-3-94; Ord. No. 33506, § 2, 3-21-95)
Sec. 41-10. Civil enforcement.
The control officer and law department shall be responsible for civil
enforcement of the provisions of this chapter consistent with the
minimum requirements of federal and state law and regulations
providing for enforcement of the Clean Air Act, as amended, 42 USC
7401 et seq. The city's civil enforcement authority through the control
officer for violations of this chapter shall include, but not be limited to,
the following:
(1) The power to restrain or enjoin immediately and effectively any
person by order or by suit in any court of competent jurisdiction from
engaging in any activity in violation of any permit that is presenting an
imminent and substantial endangerment to the public health or welfare,
or the environment.
(2) To seek injunctive relief in any court of competent jurisdiction to
enjoin any violation of any program requirement, including permit
conditions, without the necessity of a prior revocation of the permit.
(3) To recover in any court of competent jurisdiction civil penalties
according to the following: for any violation of any applicable
requirement, any permit condition, any fee or filing requirement, any
duty to allow or carry out inspection, entry or monitoring activities, or
any regulation or orders issued under the provisions of this chapter.
8
Such penalties shall, as required by state and federal law and
regulations, be a maximum of $10,000.00 per day per violation. Proof of,
or legal conclusions of, the mental state of any person involved in any
such activity shall not be an element of proof for such violation.
(4) The burden of proof and the degree of knowledge or intent required
for a judicial finding of any violation of any provision of this chapter shall
be no greater than the burden of proof or degree of knowledge or intent
required by the provisions of the Clean Air Act, as amended, 42 USC
7401 et seq.
(5) All civil penalties assessed shall be appropriate to the violation as
required by the Clean Air Act and shall be paid to the schools as
provided by the state constitution.
(6) Subsections (3), (4) and (5) hereof shall not apply to violations which
are not specifically regulated by title 129 or the Clean Air Act
Amendments of 1990.
Nothing set out herein shall be construed to limit the city to any civil or
criminal enforcement power, penalty or procedure which is less than that
required by applicable state and federal laws, rules and regulations as
required for the enforcement of federal, state and local air pollution
control programs.
(Code 1980, § 41-10; Ord. No. 33102, § 1(41-10), 11-2-93)
Secs. 41-11--41-22. Reserved.
Sec. 41-23. Prerequisites to approval.
Approval to construct or modify a source of air contaminants will not be
granted unless the applicant therefore shows to the satisfaction of the
control officer that the source will operate without causing a violation of
any provision of this chapter and the source will not prevent or interfere
with attainment or maintenance of any national ambient air quality
standard.
(Code 1980, § 41-23; Ord. No. 33102, § 1(41-23), 11-2-93)
Secs. 41-24--41-26. Reserved.
Sec. 41-27. Signing and certification of applications and reports.
All permit applications and reports as required herein shall be signed by
the applicant or owner and, when required by the control officer, shall be
9
certified by a registered professional engineer as to the accuracy of the
technical information concerning the equipment and/or control device
contained in the registration.
All permit applications and reports shall contain a certification which
states that, based on information and belief formed after reasonable
inquiry, the statements and information in the document are true,
accurate, and complete.
(Code 1980, § 41-27; Ord. No. 33102, § 1(41-27), 11-2-93)
Secs. 41-28--41-37. Reserved.
Sec. 41-38. Use of fees.
All monies collected from incinerator permit fees and the asbestos fees
established in section 41-39 as herein provided for shall be deposited
with the city treasurer to defray the expanse of administering the terms
and provisions of this article and for the engineering, inspection,
reporting, operation and all purposes necessary and incidental to
manage the air quality of the city, in accordance with this chapter.
(Code 1980, § 41-38; Ord. No. 33102, § 1(41-38), 11-2-93)
Sec. 41-39. Asbestos fees.
Review of asbestos notification. A fee for the review of an asbestos
notification conducted by the city shall be levied against each person
required to submit such reports. Such fees shall be collected from the
owner or the person using the service and shall be levied and collected at
the rates and in the manner established by the city council by resolution.
Inspection of asbestos removal. A fee of $60.00 per inspection will be
charged against the owner of the property or the contractor permitted to
perform asbestos removal work for any such inspection conducted
during the evening, on weekends or during any other non-office hours.
(Code 1980, § 41-39; Ord. No. 33102, § 1(41-39), 11-2-93)
Sec. 41-40. Delinquent fees.
Any charge not paid within 30 days after the bill date specified on the
bill or statement shall be delinquent. Any charge which shall have been
charged and remain unpaid at the expiration of 90 days after the bill
date specified on the statement or bill, together with any additions
10
thereto, shall be a lien upon the property of the person or entity
permitted or served.
(Code 1980, § 41-40; Ord. No. 33102, § 1(41-40), 11-2-93)
Secs. 41-41--41-57. Reserved.
Sec. 41-58. Emission of objectionable odors.
(a) No person shall cause or permit the emissions of any objectionable odorous
matter into the ambient air in amounts detectible by the standards set out
hereinafter, without applying all reasonable measures as may be required to
prevent odors beyond the premises where it originates. In the case of new
sources, after adoption of this ordinance , no source Designated in appendix
B in article V of this chapter may be built or installed without applying the most
current Control Technology available to control odors.
(b) For the purpose of this section, an odor will be deemed to be
objectionable when the source of the odor has been classified as a
producer of objectionable odors as designated in appendix B in article V
of this chapter.
(c) An odor will be deemed to be objectionable when there are complaints
from a substantial number of people objecting to an emission source not
already designated.
(d) The sampling of ambient air to establish that an objectionable odor
exists shall be at or beyond the property line of the emission source or at
or near a location of human habitation.
(e) In the event that there is a dispute as to the existence of an
objectionable odor, the control officer may resolve the dispute by the use
of a panel of qualified persons.
(Code 1980, § 41-58; Ord. No. 33102, § 1(41-58), 11-2-93)
Sec. 41-59. Reserved.
Sec. 41-60. Definitions.
For the purpose of this article, the following words and phrases shall
have the meanings respectively ascribed to them:
Best available control technology (BACT): An emission limitation or a
design equipment work practice, operational standard or a combination
thereof which results in the greatest degree of reduction of a pollutant in
11
accordance with current engineering practices as determined by the
director to be achieved by a source on a case-by-case basis, taking into
account energy, public health, environmental and economic impacts and
other costs.
Fly ash: Particulate matter capable of being gasborne or airborne and
consisting essentially of fused ash and/or burned or unburned material.
Fugitive dust: Solid airborne particulate matter emitted from any source
other than a flue or stack.
Fugitive emissions: Those emissions which could not have reasonably
passed through a stack, chimney, vent or other functionally equivalent
opening.
New incinerator: Any incinerator installed or modified in the
jurisdictional area of this division after the effective date of this article
(February 21, 1990).
Opacity: A state which renders material partially or wholly impervious to
rays of light and causes obstruction of an observer's view in accordance
with EPA Method #9.
Particulate matter: Any airborne finely divided solid or liquid material
with an aerodynamic diameter smaller than 100 micrometers.
Violation: Any noncompliance with a provision of the city, state or
federal regulations or permit conditions.
(Code 1980, § 41-60; Ord. No. 33102, § 1(41-60), 11-2-93)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 41-61. Violations.
It shall be unlawful to fail to conform with any section of this article or
any city, state, or federal regulation, or to operate any source, except in
compliance with a permit issued by a permitting authority. Each day and
otherwise each incident of noncompliance shall be considered a separate
and distinct violation.
(Code 1980, § 41-61; Ord. No. 33102, § 1(41-61), 11-2-93)
Secs. 41-62--41-69. Reserved.
Sec. 41-70. New or modified facilities.
12
1
All waste incinerators installed or modified after the effective date of this
division (February 21, 1990), which must have a permit under chapter
33 of this Code, shall have the appropriate controls to assure compliance
with emission levels identified in the operating permit.
The following emission levels are the minimum acceptable; more
stringent emission levels may be established by the environmental
assessment and may be modified upon renewal:
(a) Particulates. The particulate matter emissions limit shall be 0.015
grain per dry standard cubic foot adjusted to seven percent oxygen.
(b) Acid gases. Hydrochloric acid emissions shall be no greater than 50
parts per million by volume corrected to seven percent oxygen on an
hourly average as determined by EPA Method #26 or shall be reduced 90
percent by weight of uncontrolled emissions on an hourly average,
whichever is less stringent. Sulfur dioxide emissions shall be no greater
than 100 parts per million by volume corrected to seven percent oxygen
hourly average as determined by EPA Method #8 or shall be reduced to
70 percent by weight of uncontrolled emissions on an hourly average,
whichever is less stringent.
(c) Carbon monoxide. Carbon monoxide emissions shall be no greater
than 150 parts per million by volume corrected to seven percent oxygen
on a dry basis as an instantaneous value and shall be no greater than
100 parts per million by volume corrected to seven percent oxygen on a
dry basis for a 15-minute period.
(d) Opacity. The opacity of all emissions except uncombined water shall
not exceed ten percent for a six-minute running average in accordance
with EPA Method #9.
(e) Exhaust gas temperatures from the control device. The temperature
of the exhaust gas from the control device shall have a maximum
temperature of 300 degrees Fahrenheit.
(f) Dump stack. The dump stack is to be used only when necessary to
protect the pollution control device.
(Code 1980, § 41-70; Ord. No. 33102, § 1(41-70), 11-2-93)
Sec. 41-71. Existing facilities.
Waste incinerators installed prior to the effective date of this division
(February 21, 1990), shall be required to meet the BACT existing at the
13
time of their installation or last modification or the manufacturer's
specifications, whichever is most stringent. Facilities regulated by this
section that are modified or replaced after the effective date of this
division must apply for a new permit as specified in chapter 33 of this
Code and meet the emission standards for new incinerators.
(Code 1980, § 41-71; Ord. No. 33102, § 1(41-71), 11-2-93)
Sec. 41-72. Emissions testing.
The managers of all new waste incinerators shall submit for approval a
testing protocol for all limits not continuously monitored. The protocol
shall include location of all gauges and ports necessary to complete the
testing. The testing is to be done within 60 days of reaching maximum
feed rate and no later than 180 days after start-up for new waste
incinerators and annually thereafter at a minimum. The air quality
control division is to be notified no later than 30 days prior to testing.
(Code 1980, § 41-72; Ord. No. 33102, § 1(41-72), 11-2-93)
Secs. 41-73--41-79. Reserved.
Sec. 41-80. New or modified waste incinerators.
The managers and/or principal operator(s) of all waste incinerators
installed or modified after the effective date of this division (February 21,
1990) shall have designed and built or retrofitted the facility to provide,
and then operate the facility, to the standards set out in the following:
(a) Automatically controlled auxiliary burners capable of heating and
maintaining the combustion in the primary combustion chamber at a
minimum temperature of 1,300 degrees Fahrenheit and a one-hour
average temperature of 1,400 degrees Fahrenheit; and in the secondary
combustion chamber a minimum temperature of 1,800 degrees
Fahrenheit for two seconds' residence time at an oxygen concentration
greater than seven percent by volume measured on a dry basis.
(b) A fugitive emissions control system for the waste incinerator and its
pollution control devices, including double doors on the feed chamber
with interlocks to prevent both doors from being opened at once.
(c) The appropriate access in the stack and other flue areas for sampling
to determine compliance with these regulations.
(d) A pollution control system containing at a minimum an acid gas
scrubber and a particulate control device shall be in place and in
14
•
working order with a maximum emission gas temperature of 390 degrees
Fahrenheit continuously monitored and recorded existing from the
pollution control system.
(e) A stack design and height built in accordance with good engineering
practices.
(f) Continuous monitors with recorders and interlocks shall be in place
and in working order monitor and stop feed to the incinerator if the
following parameters are in noncompliance with the operating permit
requirements or conditions:
(1) The primary combustion chamber temperature.
(2) The secondary combustion chamber temperature.
(3) Carbon monoxide in the emission gases.
(4) The opacity of the emission gases.
(5) Use of dump stack: frequency and duration.
(g) The director may accept proven surrogate parameter monitors or
monitoring procedures with recorders and interlocks to stop the feed if
there is noncompliance with section 41-70 regarding the following:
(1) The hydrochloric acid levels in the emission gases and prior to the
control devices.
(2) The sulfur dioxide level in the emission gases and prior to the
pollution control devices.
(3) The oxygen level at the combustion points and in the emission gases.
(Code 1980, § 41-80; Ord. No. 33102, § 1(41-80), 11-2-93)
Sec. 41-81. Existing incinerators.
The manager or principal operator of all waste incinerators installed or
modified prior to the effective date of this division (February 21, 1990)
shall provide the following by January 1, 1991:
(a) The appropriate access in the stack and other flue areas, to allow
sampling to determine compliance with these regulations.
15
t
(b) Continuous monitors and recorders with alarms to alert the operator
if a monitored parameter is in noncompliance shall be in place and in
working order to monitor:
(1) The primary combustion chamber temperature.
(2) The secondary combustion chamber temperature.
(3) The opacity of the emission gases.
In addition, before permit renewal prior to January 1, 1996, a carbon
monoxide monitor and recorder with an alarm to alert the operator of
noncompliance shall be in place and in working order.
(Code 1980, § 41-81; Ord. No. 33102, § 1(41-81), 11-2-93)
APPENDIX B. SOURCES OF OBJECTIONABLE ODORS
Detectable odors emitted from the following sources of
emission are hereby declared to be objectionable:
A. Ammonia, bleaching powder or chlorine manufacture.
B. Asphalt manufacture or refining.
C. Blood processing.
D. Bag cleaning.
E. Celluloid manufacture.
F. Coal tar products manufacture.
G. Compost heaps.
H. Crematory.
I. Creosote treatment or manufacture.
J. Disinfectants manufacture.
K. Distillation of bones, coal, or wood.
L. Dyestuff manufacture.
16
M. Fat rendering.
N. Fertilizer manufacture and bone grinding.
O. Glue, size or gelatin manufacture.
P. Incinerator or reduction of garbage, dead animals, offal
or refuse.
Q. Oiled rubber or leather goods manufacture.
R. Paint, oil, shellac, turpentine or varnish manufacture.
S. Paper and pulp manufacture.
T. Rubber or gutta-percha manufacture.
U. Sauerkraut manufacture.
V. Shoe-blackening manufacture.
W. Soap manufacture.
X. Stock yards.
Y. Sulfuric, nitric or hydrochloric acid manufacture.
Z. Tanning, curing or storage of raw hides or skins.
AA. Tar distillation or manufacture.
BB. Tar roofing or waterproofing manufacture.
CC. Coffee Roasters
DD. Ferrous &Non-Ferrous Foundries
EE. Tire manufacturing & Tire Retread operations.
FF. Wastewater Treatment
(Code 1980, ch. 41, art. V, app. B; Ord. No. 33102, § 1(app.
B), 11-2-93)
17
•
Transmitted here within is an Ordinance to amend Chapter 41 of the Omaha Municipal
Code, particularly Section 41.2 of the Omaha Municipal Code to adopt new amendments
to Title 129 of the State Pollution Regulations, as approved by the Nebraska
Environmental Quality Council, the States Attorney's General and the Governor as of
November 20, 2003. The revisions adopted in 2002 are primarily the adoption of the
current Federal regulations.
There are also amendments to those State regulations adopted in 41.2. The following is
a complete list of the proposed amendments,followed by the rationale for each revision.
Sec. 41-2. State regulations adopted: amendments.
(Change the most recent amendments date from) " December 15, 1998
and _-- -• - •••" (to) "November 20, 2002"
Chapter 5 Operating Permits-when required
Section. 001.02AB (delete the amendment) "fifty tons/year" to
"twenty five tons/year and"
The state has amended Section 001.02AB so that this
modification is unnecessary. The additional change in this
section remains, and is consistent with the additional
amendments to Chapter 5.
Section 002. (would be adopted in whole, no longer being
amended.)
The State's standard on emergency generators would adopt.
If the existing amendments remained, the OMC would be less
stringent than the State's standard.
Chapter 6 E::issio: Re orti„g: When Required
(Would be adopted in whole, no longer being amended)
The State of Nebraska has changed the due date to agree
with the date previously changed to in the OMC.
Chapter 23 Hazardous Air Pollutants: Emission Standards
Section 003 (b) (would be amended to read) . "Call or fax the
control officer"
This is for the convenience of the regulated community, and to
bring the regulations into compliance with current practice.
Section 003 (c) Submit to the control officer a copy of the project
site diagram. (Strike this amendment in its entirety)
This section is dropped. The State Health and Humane
Services requirement for submitting a site map has been
dropped, and the City of Omaha has evaluated the burden to
be greater than the benefit for it to be an additional local
requirement.
Section 003 (dM-(cl (The number is changed for agreement.)
Chapter 29 Operating permit emission fees
Section 001 (is changed to read) " who is required to obtain a
Class I or Class II permit in accordance with Chapter 5..."
Section 002 (would be adopted in whole, no longer being
amended)
Chapter 30 Open Fires, Prohibited; Exceptions
Section 002.03 (would be amended to read) "Fires set for the
purpose of ceremonial practices or retirement of flags of the
United States."
This section is being amended to more clearly cover
ceremonial practices, such as Native American sweat lodges.
Section 002.5a. (Strike this amendment in its entirety)
This section is being struck because of the air quality impact
of this type of burning, and technology has allowed more
efficient reduction in tree debris volume through grinding;
available to the City.
Chapter 32 Dust; Duty to Prevent Escape of
Section 004 (Strike this amendment in its entirety)
This section is being dropped because the City's Erosion
control program has made this requirement redundant.
Section 005. (Strike this amendment in its entirety)
This concern has been addressed through education and
outreach. This situation, open-air sandblasting, is felt to be
better addressed through sec 002 of this chapter.
Section 006.004 (The number is changed for agreement.)
Section 005 (A new section added for emergency enforcement)
Whenever the director or his designee finds that an emergency
exist requiring immediate action to protect the public health and
welfare, the director may, without notice or hearing, issue an
order reciting the existence of such an emergency and requiring
that such action be taken as the director deems necessary to
meet the emergency, such an order shall be effective immediately.
Any person to whom such an order is directed shall comply
therewith immediately but on application to the director shall be
afforded a hearing as soon as possible and no later than ten days
after such application.
I
There are a few instances where emergencies call for
immediate action; dust releases associated with new
construction / heavy equipment sometimes cause visibility
problems that need immediate attention, typically stopping
work until the haul road or work area can be watered and
maintained.
Section 41.23 Prerequisites of approval
(Would be amended to read) "Approval to construct or modify a source of air
contaminants will not be granted unless the applicant therefore shows to the
satisfaction of the control officer that the source will operate without causinga violation
P
of any provision of this chapter and the source will not prevent or interfere with
attainment or maintenance of any national ambient air quality standard."
This change is correct a typographical error.
Sec. 41.58 Emission of objectionable odors
(Would be amended to read)
Section (a) "No person shall cause or permit the emissions of any
objectionable odorous matter into the ambient air in amounts
detectible by the standards set out hereinafter, without applying
all reasonable measures as may be required to prevent odors
beyond the premises where it originates. In the case of new
sources, after adoption of this ordinance, no source designated in
appendix B in article V of this chapter may be built or installed
without applying the most current control technology available to
control odors. "
The change to this section requires that new facilities will meet the
standard set at like existing facilities upon opening
Sec. 41-80.
(Would be amended to read)
Section (d) "A pollution control system containing at a minimum
an acid gas scrubber and a particulate control device shall be in
place and in working order with a maximum emission gas
temperature of 390 degrees Fahrenheit continuously monitored
and recorded existing from the pollution control system"
This change is correct a typographical error.
Appendix B. SOURCES OF OBJECTIONABLE ODORS
(The following processes would be added)
�s'
CC. Coffee Roasters
DD. Ferrous &Non-Ferrous Foundries
EE. Tire manufacturing &Tire Retread operations.
FF. Wastewater Treatment
This section is being updated to reflect the current manufacturing
groups that have been recognized as sources of objectionable odors.
{
•
ORDINANCE NO. t,.//Q
AN ORDINANCE to amend Sections 41-2, 41-23, 41-58, 41-80 and Appendix B of the Omaha
Municipal Code dealing with air quality control; to adopt the most recent version of Title
129 of the Air Pollution Rules and Regulations of the State of Nebraska, with certain
amendments thereto; to repeal Sections 41-2, 41-23,41-58, and 41-80 of the Omaha
Municipal Code as heretofore existing; and, to provide for the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That Section 41-2 of the Omaha Municipal Code is hereby amended to
read as follows:
Chapter 5 Operating Permits-when required
Section. 001.02AB (delete the amendment) y tons/year"-to
"twenty f;, e tons/.,car and"
The state has amended Section 001.02AB so that this
modification is unnecessary. The additional change in this
section remains, and is consistent with the additional
amendments to Chapter 5.
Section 002. (would be adopted in whole, no longer being
amended.)
The State's standard on emergency generators would
adopt. If the existing amendments remained, the OMC
would be less stringent than the State's standard.
Chapter 6
(Would be adopted in whole,no longer being amended)
The State of Nebraska has changed the due date to agree
with the date previously changed to in the OMC.
Chapter 23 Hazardous Air Pollutants: Emission Standards
Section 003 (b) (would be amended to read) "Call or fax the
control officer"
ORDINANCE NO.
PAGE 2
This is for the convenience of the regulated community, and
to bring the regulations into compliance with current
practice.
Section 003 (c
situ d4agfon (Strike this amendment in its entirety)
This section is dropped. The State Health and Humane
Services requirement for submitting a site map has been
dropped, and the City of Omaha has evaluated the burden
to be greater than the benefit for it to be an additional local
requirement.
Section 003 (d)-.(c), (The number is changed for agreement.)
Chapter 29 Operating permit emission fees
Section 001 (is changed to read) " who is required to obtain a
Class I or Class II permit in accordance with Chapter 5..."
Section 002 (would be adopted in whole, no longer being
amended)
Chapter 30 Open Fires,Prohibited; Exceptions
Section 002.03 (would be amended to read) "Fires set for the
purpose of ceremonial practices or retirement of flags of the United
States."
This section is being amended to more clearly cover
ceremonial practices, such as Native American sweat
lodges.
Section 002.5a. (Strike this amendment in its entirety)
This section is being struck because of the air quality
impact of this type of burning, and technology has allowed
more efficient reduction in tree debris volume through
grinding;available to the City.
Chapter 32 Dust; Duty to Prevent Escape of
Section 004s(Strike this amendment in its entirety):
•
ORDINANCE NO. ,qGe,i/D
PAGE 3
This section is being dropped because the City's Erosion
control program has made this requirement redundant.
Section 005. (Strike this amendment in its entirety)
This concern has been addressed through education and
outreach. This situation, open-air sandblasting, is felt to be
better addressed through sec 002 of this chapter.
Section 006.004 (The number is changed for agreement.)
Section 005 (A new section added for emergency enforcement)
Whenever the director or his designee finds that an emergency
exist requiring immediate action to protect the public health and
welfare, the director may, without notice or hearing, issue an order
reciting the existence of such an emergency and requiring that such
action be taken as the director deems necessary to meet the
emergency, such an order shall be effective immediately. Any
person to whom such an order is directed shall comply therewith
immediately but on application to the director shall be afforded a
hearing as soon as possible and no later than ten days after such
application.
There are a few instances where emergencies call for
immediate action; dust releases associated with new
construction / heavy equipment sometimes cause visibility
problems that need immediate attention, typically stopping
work until the haul road or work area can be watered and
maintained.
Section 2. That Section 41-23 of the Omaha Municipal Code is hereby amended to
read as follows:
Section 41.23 Prerequisites of approval
(Would be amended to read) "Approval to construct or modify a source of
air contaminants will not be granted unless the applicant therefore shows
to the satisfaction of the control officer that the source will operate without
causing a violation of any provision of this chapter and the source will not
prevent or interfere with attainment or maintenance of any national
ambient air quality standard."
This change is correct a typographical error.
ORDINANCE NO. .„2/0
PAGE 4
Section 3 That Section 41-58 of the Omaha Municipal Code is hereby amended to
read as follows:
Sec.41.58 Emission of objectionable odors
(Would be amended to read)
Section (a) "No person shall cause or permit the emissions of
any objectionable odorous matter into the ambient air in amounts
detectible by the standards set out hereinafter, without applying all
reasonable measures as may be required to prevent odors beyond
the premises where it originates. In the case of new sources, after
adoption of this ordinance, no source designated in appendix B in
article V of this chapter may be built or installed without applying
the most current control technology available to control odors. "
The change to this section requires that new facilities will
meet the standard set at like existing facilities upon
opening
Section 4 That Section 41-80 of the Omaha Municipal Code is hereby amended to
read as follows:
Sec. 41-80.
(Would be amended to read)
Section (d) "A pollution control system containing at a
minimum an acid gas scrubber and a particulate control device
shall be in place and in working order with a maximum emission
gas temperature of 390 degrees Fahrenheit continuously monitored
and recorded existing from the pollution control system"
This change is correct a typographical error.
Section 5 That Appendix B, Sources of Objectionable Odors, of the Omaha
Municipal Code is hereby amended to read as follows:
Appendix B. SOURCES OF OBJECTIONABLE ODORS
(The following processes would be added)
ORDINANCE NO. , _9(p�/D
PAGE 5
CC. Coffee Roasters
DD. Ferrous &Non-Ferrous Foundries
EE. Tire manufacturing &Tire Retread operations.
FF. Wastewater Treatment
This section is being updated to reflect the current manufacturing
groups that have been recognized as sources of objectionable
odors.
Section 6. That Sections 41-2, 41-23, 41-58, 41-80, and Appendix B of the Omaha
Municipal Code, as heretofore existing, is hereby repealed.
Section 7. That this Ordinance shall be in force and take effect (15) days from its
passage.
INTRODUCED BY COUNCILMEMBER
APPROVED BY:
3/e
M A OR OF 1OF OMAHA
DATE
PASSED APR - 1 2003
ATTEST:
CI CLERK OF TIKCI T Y OF OMAHA DrATE
APPROVED AS TO FORM:
CITY ATTORNEY DATE
P:\PW2\12811mafdoc
Sec. 41-1. Statement of policy.
• It is hereby declared to be the public policy of the city, and the purpose
of this chapter, to achieve and maintain such a degree of purity of the air
resources of the city as will reasonably protect human health and safety,
and to the greatest degree reasonably practicable to prevent injury to
plant and animal life and foster the comfort and convenience of the
people, promote the economic and social development of the city and
facilitate the enjoyment of its natural attractions.
There is hereby adopted, for the purpose of establishing rules and
regulations for the construction, modification, use, maintenance, repair
or demolition of air contaminant sources, including permits and
penalties, those certain air regulations from title 129 of the Air Pollution
Rules and Regulations of the State of Nebraska in effect on the effective
date of this chapter, including all appendices and chapters save and
except such portions as are hereinafter deleted, modified or amended.
(Code 1980, § 41-1; Ord. No. 33102, § 1(41-1), 11-2-93)
Sec. 41-2. State regulations adopted; amendments.
Title 129 of the Air Pollution Rules and Regulations of the State of
Nebraska, including all appendices, as previously approved by the
environmental quality council and the governor up to and including the
most recent amendments of December 15, 1998 and January 10, 1999
November 20, 2003 are hereby adopted herein and incorporated herein
by reference except as provided herein.
CHAPTER 1
Amend the existing regulations definitions as follows:
Department: The public works department, environmental quality
control division, air quality control section.
Director: The director of the City of Omaha public works department or
his designee.
Regulated pollutant for fee purposes: Any regulated air pollutant
identified in the previous rules and regulations except for the following:
Carbon monoxide
Add new definitions that will read as follows:
1
Control officer: The director of the City of Omaha public works
department or his designee.
Odor: That property of an air contaminant detectible by the sense of
smell.
CHAPTER 4
Amend the existing regulations as follows:
Delete Section "007. Total reduced sulfur"
CHAPTER 5
Amend the existing regulations as follows:
001.02A2. change fifty tons/year to twenty-five tons/year.
001.02A3. change fifty tons/year to twenty-five tons/year.
001.02A4. change fifty tons/year to twenty-five tons/year.
001.02A5. change fifty tons/year to twenty-five tons/year.
001.02A6. change fifty tons/year to twenty-five tons/year.
001.02A7. change two and one-half (2.5) tons/year to one and one-
fourth (1.25) tons/year.
001.02A8. change "fifty tons/year" to "twenty five tons/year" and "Five
(5) tons/year" to "Two and one-half tons/year" and "twelve and one-half
(12.5)" to "six and one fourth (6.25)".
001.03. change the expression "001.03A and 001.03B" to "Chapters 7
through 15".
001.03A. delete.
001.03B. delete.
001.03B1. delete.
001.03B2. delete.
001.03B3. delete.
2
001.03B4. delete.
001.03B5. delete.
002. Source Category Exemptions.
002.02D. amend to read " All source categories that OAQC has
papers available from the Environmental Protection Agency."
002.02E. delete.
CHAPTER 6
Amendthe st ,lat folly
In section 001 delete "July 1" and replace with "March 31."
CHAPTER 9
Amend the existing regulations as follows:
002. If the director, in his or her discretion, determines a general permit
is appropriate, he or she shall initiate issuance of a general permit by
publication of a notice, which identifies the criteria for sources that
qualify for the general permit. The notice shall be published in a
newspaper with citywide circulation and shall announce the availability
of a draft general permit for public review and comment for 30 days.
CHAPTER 23
Add new sections that will read as follows:
002. Fees established--asbestos. A fee for the review of an asbestos
notification conducted by the city shall be levied against each person
required to submit such reports. Such fees shall be collected from the
owner or the person using this city service and shall be levied and
collected at the rates and in the manner established by the city council
by resolution.
003. Additional requirements. All owners or operators are subject to the
• National Emission Standards for Hazardous Air Pollutants (NESHAP)
and, in addition to the other requirements of this chapter, must perform
the following before beginning asbestos work in Omaha:
3
•
(a) Supply complete, timely notification to the control officer in
accordance with all state and federal regulations.
(b) Call or Fax the control officer within 24 hours prior to the starting of
any asbestos removal.
(c) Submit to the eentrol officer a cop;; of to project site awn
(c) Submit payment to the finance officer of the city's fees associated
with the project upon invoice.
CHAPTER 29
Amend the existing regulations as follows:
001. Delete "major source as defined in chapter 2" and replace with
"source as defined in chapter 1." And after "who is required to obtain a
Class I" add "or Class II"
002. Delete "major." •
004. Is amended to read as follows:
Payment of fees. Any person required to submit fees pursuant to this
chapter shall submit the fees to the City of Omaha's finance department.
The fees will be payable, as indicated, upon receipt of an invoice from the
city finance department, but not prior to July 1 of each year. The receipt
of an invoice shall be acknowledgement of the city's acceptance of the
report submitted. All fees paid in accordance with this chapter shall be
nonrefundable. The city invoice shall state whether or not the emission
inventory report is accepted by the city.
Add to this chapter the following new section:
007. In the City of Omaha, the rate structure will be reviewed annually
by the director, and a report submitted to the city council,
recommending any modification. Any new rate structure will be adopted
by resolution.
CHAPTER 30
Delete the existing regulations and add to this chapter the following new
sections:
4
001. No person shall cause or allow any open fires in the City of Omaha
without having written permission of the director and the Omaha fire
department.
002. Written permission can be obtained for the following purposes:
002.01. Open fires set solely for recreational purposes or for outdoor
cookingof food for human consumption.
P
002.02. Firework displays.
002.03. Fires set for the purpose of ceremonial practices or retirement of
flags of the United States.
002.04. Fires set for the purpose of training public and industrial fire
fighting personnel.
002.05. Fires set for vegetative clearing on park property or agricultural
zoned property.
-00-2.5a--des-se -by the�educe t soli me of tree , tree-par-ts
that have been-eolleetecl-by-the-eity7-or-at-the-direetion-sf-the--eityas-a
,
resullt of sto ge to blic property;; all en-• geed-items m use
segregateel-hefere-laurning. These fires may net create an impact on
ambient-air monitoring, public nuisance or traffic hazard. Fires must be
attended continually, and may net last mere than 72 hours.
CHAPTER 32
Amend the existing regulations as follows:
th work on a twe er mere
7
last more than three days but which, in fact, exceeds three days also
requires-netifieatien-te--the-eentrel-effiee.r-r-S,ueh-netiee--must-be--made
the fourth day of�s�u}� work..-�'his-notifi� '^en s
fps �co ventroll officer 7 .-.r..a ubmtitted prior to the start of
the project. The submission of the above form does not preclude the
ewner-/--eperater rcomplying wi al placable of the OMr
ma to--and--fed ral regulations. The eentr^ asur-es -must- e
approved by the control officer prior to the start of the project.
005. No person shall cause or permit any unconfined outside abra3ive
blasting to occur on
5
e ms-*Wirthree ys-w thout rst g g prier netiEe-to the
eentrol o ficer a e-locatio contrel-meas to be practiced, and
approved by the control officer, and submitted prior to the start of the
clude the
owner/ope-rat 4',-ar 1 �:tl all l_' bl f+tom OMC
��L./ ,'�„`., '� 11.15 Clll i,IU CJ Z
and --and fe -r♦eguatio s. e-^1 contr-el--teehnol moos e
006, 004 Any person owning or controlling any unpaved parking or
road(s) that receives three notices of violation in any 12-consecutive-
month period may be required to pave or cease using such parking or
road.
005 Whenever the director or his designee finds that an emergency exists
requiring immediate action to protect the public from a direct and
immediate threat to public safety, health ors welfare the director may,
without notice or hearing, issue an order reciting the existence of such
an emergency and requiring that such action be taken as the director
deems necessary to meet the emergency, such an order shall be effective
immediately. Any person to whom such an order is directed shall comply
therewith immediately but on application to the director shall be afforded
a hearing as soon as possible and no later than ten days after such
application.
CHAPTER 38
Delete the word "director" and substitute the words "Mayor of the City of
Omaha" throughout the chapter.
(Code 1980, § 41-2; Ord. No. 33102, § 1(41-2), 11-2-93; Ord. No. 33258,
§ 1, 5-3-94; Ord. No. 33506, § 1, 3-21-95; Ord. No. 34492, § 1, 3-17-98;
Ord. No. 34891, § 1, 5-4-99)
Sec. 41-3. Reserved.
•
Sec. 41-4. Enforcement-Generally.
The provisions of this chapter are directed primarily to the control of the
emission of air contaminants into the atmosphere. In this regard, the
enforcement of this chapter shall be the responsibility of the public
works department and the director of public works or his designee, the
control officer.
6
•
(Code 1980, § 41-4; Ord. No. 33102, § 1(41-4), 11-2-93)
Sec. 41-5. Same--Duties of county health department.
•
To the ultimate aim of establishing an appropriate air quality standard
for the city and its surrounding environs, the Douglas County health
department shall to the limit of its ability evaluate the quality of ambient
air, together with the determination of the public health implications of
that air quality. This may be accomplished through the operation of an
air quality surveillance network and the establishment, staffing and
operation of an air quality laboratory. To the end that these air quality
standards, when established, may be brought into compliance by the
enforcement of adequate emission control provisions, federal emission
standards will be enforced to achieve the ultimate goal of producing an
appropriate air quality standard for the city.
(Code 1980, § 41-5; Ord. No. 33102, § 1(41-5), 11-2-93)
Sec. 41-6. Residential incinerators.
The provisions of this chapter relating to incinerators shall
not be applicable to existing incinerators situated on residential premises
and used exclusively to dispose of the rubbish originating on the
premises until January 1, 2001; provided that the total number of
dwelling units on the premises shall not exceed five. All new incinerators
situated on residential premises shall be installed only after application
and issuance of a permit for installation has been made to the control
officer.
The control officer shall issue a permit for installation of a
residential incinerator only after receipt of a manufacturer's certificate of
compliance, or other evidence which in his discretion shall be sufficient
to certify that the proposed incinerator shall perform in compliance with
the provisions of this chapter.
(Code 1980, § 41-6; Ord. No. 33102, § 1(41-6), 11-2-93)
Cross references: Fire code, ch. 46.
Secs. 41-7, 41-8. Reserved.
Sec. 41-9. Penalties.
Any person violating any of the provisions of this chapter shall, upon
conviction thereof, be punished as provided in section 1-10 of this Code;
provided, however, knowing violations of the provisions of this chapter,
7
except those not related to enforcement of title 129 and the Clean Air Act
amendments of 1990, shall be subject to a maximum fine of $10,000.00
as required by federal regulations, notwithstanding the limits of section
1-10 of this Code. Each continuing day of violation shall be deemed to
constitute a separate offense.
In addition to other violations, it shall be a violation of this chapter for
any person to knowingly violate any of the applicable requirements of
this chapter, any permit condition, or any fee or filing requirement, or for
any person to knowingly make any false material statement,
representation, or certifications in any of the forms or in any notice or
report required by a permit issued under this chapter, or to knowingly
render inaccurate any required monitoring device or method.
In addition to, or as an alterative to, the foregoing criminal penalties, the
control officer may commence and prosecute, with the law department, a
civil enforcement action as provided in section 41-10.
(Code 1980, § 41-9; Ord. No. 33102, § 1(41-9), 11-2-93; Ord. No. 33258,
§ 2, 5-3-94; Ord. No. 33506, § 2, 3-21-95)
Sec. 41-10. Civil enforcement.
The control officer and law department shall be responsible for civil
enforcement of the provisions of this chapter consistent with the
minimum requirements of federal and state law and regulations
providing for enforcement of the Clean Air Act, as amended, 42 USC
7401 et seq. The city's civil enforcement authority through the control
officer for violations of this chapter shall include, but not be limited to,
the following:
(1) The power to restrain or enjoin immediately and effectively any
person by order or by suit in any court of competent jurisdiction from
engaging in any activity in violation of any permit that is presenting an
imminent and substantial endangerment to the public health or welfare,
or the environment.
(2) To seek injunctive relief in any court of competent jurisdiction to
enjoin any violation of any program requirement, including permit
conditions, without the necessity of a prior revocation of the permit.
(3) To recover in any court of. competent jurisdiction civil penalties
according to the following: for any violation of any applicable
requirement, any permit condition, any fee or filing requirement, any
duty to allow or carry out inspection, entry or monitoring activities, or
any regulation or orders issued under the provisions of this chapter.
8
Such penalties shall, as required by state and federal law and
regulations, be a maximum of $10,000.00 per day per violation. Proof of,
• or legal conclusions of, the mental state of any person involved in any
such activity shall not be an element of proof for such violation.
(4) The burden of proof and the degree of knowledge or intent required
for a judicial finding of any violation of.any provision of this chapter shall
be no greater than the burden of proof or degree of knowledge or intent
required by the provisions of the Clean Air Act, as amended, 42 USC
7401 et seq.
(5) All civil penalties assessed shall be appropriate to the violation as
required by the Clean Air Act and shall be paid to the schools as
provided by the state constitution.
(6) Subsections (3), (4) and (5) hereof shall not apply to violations which
are not specifically regulated by title 129 or the Clean Air Act
Amendments of 1990.
Nothing set out herein shall be construed to limit the city to any civil or
criminal enforcement power, penalty or procedure which is less than that
required by applicable state and federal laws, rules and regulations as
required for the enforcement of federal, state and local air pollution
control programs.
(Code 1980, § 41-10; Ord. No. 33102, § 1(41-10), 11-2-93)
Secs. 41-11--41-22. Reserved.
Sec. 41-23. Prerequisites to approval.
Approval to construct or modify a source of air contaminants will not be
granted unless the applicant therefore shows to the satisfaction of the
control officer that the source will operate without causing a violation of
any provision of this chapter and the source will not prevent or interfere
with attainment or maintenance of any national ambient air quality
standard.
(Code 1980, § 41-23; Ord. No. 33102, § 1(41-23), 11-2-93)
Secs. 41-24--41-26. Reserved.
Sec. 41-27. Signing and certification of applications and reports.
All permit applications and reports as required herein shall be signed by
the applicant or owner and, when required by the control officer, shall be
9
certified by a registered professional engineer as to the accuracy of the
technical information concerning the equipment and/or control device
contained in the registration.
All permit applications and reports shall contain a certification which
states that, based on information and belief formed after reasonable
inquiry, the statements and information in the document are true,
accurate, and complete.
(Code 1980, § 41-27; Ord, No. 33102, § 1(41-27), 11-2-93)
Secs. 41-28--41-37. Reserved.
Sec. 41-38. Use of fees.
All monies collected from incinerator permit fees and the asbestos fees
established in section 41-39 as herein provided for shall be deposited
with the city treasurer to defray the expanse of administering the terms
and provisions of this article and for the engineering, inspection,
reporting, operation and all purposes necessary and incidental to
manage the air quality of the city, in accordance with this chapter.
(Code 1980, § 41-38; Ord. No. 33102, § 1(41-38), 11-2-93)
Sec. 41-39. Asbestos fees.
Review of asbestos notification. A fee for the review of an asbestos
notification conducted by the city shall be levied against each person
required to submit such reports. Such fees shall be collected from the
owner or the person using the service and shall be levied and collected at
the rates and in the manner established by the city council by resolution.
Inspection of asbestos removal. A fee of $60.00 per inspection will be
charged against the owner of the property or the contractor permitted to
perform asbestos removal work for any such inspection conducted
during the evening, on weekends or during any other non-office hours.
(Code 1980, § 41-39; Ord. No. 33102, § 1(41-39), 11-2-93)
Sec. 41-40. Delinquent fees.
Any charge not paid within 30 days after the bill date specified on the
bill or statement shall be delinquent. Any charge which shall have been
charged and remain unpaid at the expiration of 90 days after the bill
date specified on the statement or bill, together with any additions
10
thereto, shall be a lien upon the property of the person or entity
• permitted or served.
(Code 1980, § 41-40; Ord. No. 33102, § 1(41-40), 11-2-93)
Secs. 41-41--41-57. Reserved.
Sec. 41-58. Emission of objectionable odors.
(a) No person shall cause or permit the emissions of any objectionable odorous
matter into the ambient air in amounts detectible by the standards set out
hereinafter, without applying all reasonable measures as may be required to
prevent odors beyond the premises where it originates. In the case of new
sources, after adoption of this ordinance , no source Designated in appendix
B in article V of this chapter may be built or installed without applying the most
current Control Technology available to control odors.
(b) For the purpose of this section, an odor will be deemed to be
objectionable when the source of the odor has been classified as a
producer of objectionable odors as designated in appendix B in article V
of this chapter.
(c) An odor will be deemed to be objectionable when there are complaints
from a substantial number of people objecting to an emission source not
already designated.
(d) The sampling of ambient air to establish that an objectionable odor
exists shall be at or beyond the property line of the emission source or at
or near a location of human habitation.
(e) In the event that there is a dispute as to the existence of an
objectionable odor, the control officer may resolve the dispute by the use
of a panel of qualified persons.
(Code 1980, § 41-58; Ord. No. 33102, § 1(41-58), 11-2-93)
Sec. 41-59. Reserved.
Sec. 41-60. Definitions.
For the purpose of this article, the following words and phrases shall
have the meanings respectively ascribed to them:
Best available control technology (BACT): An emission limitation or a
design equipment work practice, operational standard or a combination
thereof which results in the greatest degree of reduction of a pollutant in
11
•
accordance with current engineering practices as determined by the
director to be achieved by a source on a case-by-case basis, taking into
• account energy, public health, environmental and economic impacts and
. other costs.
Fly ash: Particulate matter capable of being gasborne or airborne and
consisting essentially of fused ash and/or burned or unburned material.
Fugitive dust: Solid airborne particulate matter emitted from any source
other than a flue or stack.
Fugitive emissions: Those emissions which could not have reasonably
passed through a stack, chimney, vent or other functionally equivalent
opening.
New incinerator: Any incinerator installed or modified in the
jurisdictional area of this division after the effective date of this article
(February 21, 1990).
Opacity: A state which renders material partially or wholly impervious to
rays of light and causes obstruction of an observer's view in accordance
with EPA Method #9.
Particulate matter: Any airborne finely divided solid or liquid material
with an aerodynamic diameter smaller than 100 micrometers.
Violation: Any noncompliance with a provision of the city, state or
federal regulations or permit conditions.
(Code 1980, § 41-60; Ord. No. 33102, § 1(41-60), 11-2-93)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 41-61. Violations.
It shall be unlawful to fail to conform with any section of this article or
any city, state, or federal regulation, or to operate any source, except in
compliance with a permit issued by a permitting authority. Each day and
otherwise each incident of noncompliance shall be considered a separate
and distinct violation.
(Code 1980, § 41-61; Ord. No. 33102, § 1(41-61), 11-2-93)
Secs. 41-62--41-69. Reserved.
Sec. 41-70. New or modified facilities.
12
•
All waste incinerators installed or modified after the effective date of this
division (February 21, 1990), which must have a permit under chapter
33 of this Code, shall have the appropriate controls to assure compliance
with emission levels identified in the operating permit.
The following emission levels are the minimum acceptable; more
stringent emission levels may be established by the environmental
assessment and may be modified upon renewal:
(a) Particulates. The particulate matter emissions limit shall be 0.015
grain per dry standard cubic foot adjusted to seven percent oxygen.
(b) Acid gases. Hydrochloric acid emissions shall be no greater than 50
parts per million by volume corrected to seven percent oxygen on an
hourly average as determined by EPA Method #26 or shall be reduced 90
percent by weight of uncontrolled emissions on an hourly average,
whichever is less stringent. Sulfur dioxide emissions shall be no greater
than 100 parts per million by volume corrected to seven percent oxygen
hourly average as determined by EPA Method #8 or shall be reduced to
70 percent by weight of uncontrolled emissions on an hourly average,
whichever is less stringent.
(c) Carbon monoxide. Carbon monoxide emissions shall be no greater
than 150 parts per million by volume corrected to seven percent oxygen
on a dry basis as an instantaneous value and shall be no greater than
100 parts per million by volume corrected to seven percent oxygen on a
dry basis for a 15-minute period.
(d) Opacity. The opacity of all emissions except uncombined water shall
not exceed ten percent for a six-minute running average in accordance
with EPA Method #9.
(e) Exhaust gas temperatures from the control device. The temperature
of the exhaust gas from the control device shall have a maximum
temperature of 300 degrees Fahrenheit.
(f) Dump stack. The dump stack is to be used only when necessary to
protect the pollution control device.
(Code 1980, § 41-70; Ord. No. 33102, § 1(41-70), 11-2-93)
Sec. 41-71. Existing facilities.
Waste incinerators installed prior to the effective date of this division
(February 21, 1990), shall be required to meet the BACT existing at the
13
time of their installation or last modification or the manufacturer's
specifications, whichever is most stringent. Facilities regulated by this
section that are modified or replaced after the effective date of this
division must apply for a new permit as specified in chapter 33 of this
Code and meet the emission standards for new incinerators.
(Code 1980, § 41-71; Ord. No. 33102, § 1(41-71), 11-2-93)
Sec. 41-72. Emissions testing.
The managers of all new waste incinerators shall submit for approval a
testing protocol for all limits not continuously monitored. The protocol
shall include location of all gauges and ports necessary to complete the
testing. The testing is to be done within 60 days of reaching maximum
feed rate and no later than 180 days after start-up for new waste
incinerators and annually thereafter at a minimum. The air quality
control division is to be notified no later than 30 days prior to testing.
(Code 1980, § 41-72; Ord. No. 33102, § 1(41-72), 11-2-93)
Secs. 41-73--41-79. Reserved.
Sec. 41-80. New or modified waste incinerators.
The managers and/or principal operator(s) of all waste incinerators
installed or modified after the effective date of this division (February 21,
1990) shall have designed and built or retrofitted the facility to provide,
and then operate the facility, to the standards set out in the following:
(a) Automatically controlled auxiliary burners capable of heating and
maintaining the combustion in the primary combustion chamber at a
minimum temperature of 1,300 degrees Fahrenheit and a one-hour
average temperature of 1,400 degrees Fahrenheit; and in the secondary
combustion chamber a minimum temperature of 1,800 degrees
Fahrenheit for two seconds' residence time at an oxygen concentration
greater than seven percent by volume measured on a dry basis.
(b) A fugitive emissions control system for the waste incinerator and its
pollution control devices, including double doors on the feed chamber
with interlocks to prevent both doors from being opened at once.
(c) The appropriate access in the stack and other flue areas for sampling
to determine compliance with these regulations.
(d) A pollution control system containing at a minimum an acid gas
scrubber and a particulate control device shall be in place and in
14
•
working order with a maximum emission gas temperature of 390 degrees
Fahrenheit continuously monitored and recorded existing from the
• pollution control system.
(e) A stack design and height built in accordance with good engineering
practices.
(f) Continuous monitors with recorders and interlocks shall be in place
and in working order monitor and stop feed to the incinerator if the
following parameters are in noncompliance with the operating permit
requirements or conditions:
(1) The primary combustion chamber temperature.
(2) The secondary combustion chamber temperature.
(3) Carbon monoxide in the emission gases.
(4) The opacity of the emission gases.
(5) Use of dump stack: frequency and duration.
(g) The director may accept proven surrogate parameter monitors or
monitoring procedures with recorders and interlocks to stop the feed if
there is noncompliance with section 41-70 regarding the following:
(1) The hydrochloric acid levels in the emission gases and prior to the
control devices.
(2) The sulfur dioxide level in the emission gases and prior to the
pollution control devices.
(3) The oxygen level at the combustion points and in the emission gases.
(Code 1980, § 41-80; Ord. No. 33102, § 1(41-80), 11-2-93)
Sec. 41-81. Existing incinerators.
The manager or principal operator of all waste incinerators installed or
modified prior to the effective date of this division (February 21, 1990)
shall provide the following by January 1, 1991:
(a) The appropriate access in the stack and other flue areas, to allow
sampling to determine compliance with these regulations.
15
•
(b) Continuous monitors
s and recorders with alarms to alert the operator
if a monitored parameter is in noncompliance shall be in place and in
working order to monitor:
(1) The primary combustion chamber temperature.
(2) The secondary combustion chamber temperature.
(3) The opacity of the emission gases.
In addition, before permit renewal prior to January 1, 1996, a carbon
monoxide monitor and recorder with an alarm to alert the operator of
noncompliance shall be in place and in working order.
(Code 1980, § 41-81; Ord. No. 33102, § 1(41-81), 11-2-93)
APPENDIX B. SOURCES OF OBJECTIONABLE ODORS
Detectable odors emitted from the following sources of
emission are hereby declared to be objectionable:
A. Ammonia, bleaching powder or chlorine manufacture.
B. Asphalt manufacture or refining.
C. Blood processing.
D. Bag cleaning.
E. Celluloid manufacture.
F. Coal tar products manufacture.
G. Compost heaps.
H. Crematory.
I. Creosote treatment or manufacture.
J. Disinfectants manufacture.
K. Distillation of bones, coal, or wood.
L. Dyestuff manufacture.
16
•
M. Fat rendering.
N. Fertilizer manufacture and bone grinding.
O. Glue, size or gelatin manufacture.
P. Incinerator or reduction of garbage, dead animals, offal
or refuse.
Q. Oiled rubber or leather goods manufacture.
R. Paint, oil, shellac, turpentine or varnish manufacture.
S. Paper and pulp manufacture.
T. Rubber or gutta-percha manufacture.
U. Sauerkraut manufacture.
V. Shoe-blackening manufacture.
W. Soap manufacture.
X. Stock yards.
Y. Sulfuric, nitric or hydrochloric acid manufacture.
Z. Tanning, curing or storage of raw hides or skins.
AA. Tar distillation or manufacture.
BB. Tar roofing or waterproofing manufacture.
CC. Coffee Roasters
DD. Ferrous & Non-Ferrous Foundries
EE. Tire manufacturing&Tire Retread operations.
FF. Wastewater Treatment
(Code 1980, ch. 41, art. V, app. B; Ord. No. 33102, § 1(app.
B), 11-2-93)
17
1'
•
•
Transmitted here within is an Ordinance to amend Chapter 41 of the Omaha Municipal
Code, particularly Section 4I.2 of the Omaha Municipal Code to adopt new amendments
to Title 129 of the State Pollution Regulations, as approved by the Nebraska
Environmental Quality Council, the States Attorney's General and the Governor as of
November 20, 2003. The revisions adopted in 2002 are primarily the adoption of the
current Federal regulations.
There are also amendments to those State regulations adopted in 41.2. The following is
a complete list of the proposed amendments,followed by the rationale for each revision.
Sec. 41-2. State regulations adopted: amendments.
(Change the most recent amendments date from) " Biege-rakie.p-4574994
and January 10 109g" (to) "November 20, 2002"
Chapter 5 Operating Permits-when required
Section. 001.02AB (delete the amendment) "fifty-tons/year" to
"twenty five tone/year and"
The state has amended Section 00I.02AB so that this
modification is unnecessary. The additional change in this
section remains, and is consistent with the additional
amendments to Chapter 5.
Section 002. (would be adopted in whole, no longer being
amended.)
The State's standard on emergency generators would adopt.
If the existing amendments remained, the OMC would be less
stringent than the State's standard.
Chapter 6
(Would be adopted in whole, no longer being amended)
The State of Nebraska has changed the due date to agree
with the date previously changed to in the OMC.
Chapter 23 Hazardous Air Pollutants: Emission Standards
Section 003 (b) (would be amended to read) . "Call or fax the
control officer"
This is for the convenience of the regulated community, and to
bring the regulations into compliance with current practice.
Section 003 (c) Submit to the-centrol officer a copy of the project
site diagram. (Strike this amendment in its entirety)
This section is dropped. The State Health and Humane
Services requirement for submitting a site map has been
dropped, and the City of Omaha has evaluated the burden to
. be greater than the benefit for it to be an additional local
requirement.
Section 003 fd}-(c (The number is changed for agreement.)
Chapter 29 Operating permit emission fees
Section 001 (is changed to read) " who is required to obtain a
Class I or Class II permit in accordance with Chapter 5..."
Section 002 (would be adopted in whole, no longer being
amended)
Chapter 30 Open Fires, Prohibited; Exceptions
Section 002.03 (would be amended to read) "Fires set for the
purpose of ceremonial practices or retirement of flags of the
United States."
This section is being amended to more clearly cover
ceremonial practices, such as Native American sweat lodges.
Section 002.5a. (Strike this amendment in its entirety)
This section is being struck because of the air quality impact
of this type of burning, and technology has allowed more
efficient reduction in tree debris volume through grinding;
available to the City.
Chapter 32 Dust; Duty to Prevent Escape of
Section 004, (Strike this amendment in its entirety).-
This section is being dropped because the City's Erosion
control program has made this requirement redundant.
Section 005. (Strike this amendment in its entirety)
This concern has been addressed through education and
outreach. This situation, open-air sandblasting, is felt to be
better addressed through sec 002 of this chapter.
Section 006.004 (The number is changed for agreement.)
Section 005 (A new section added for emergency enforcement)
Whenever the director or his designee finds that an emergency
exist requiring immediate action to protect the public health and
welfare, the director may, without notice or hearing, issue an
order reciting the existence of such an emergency and requiring
that such action be taken as the director deems necessary to
meet the emergency, such an order shall be effective immediately.
Any person to whom such an order is directed shall comply
therewith immediately but on application to the director shall be
afforded a hearing as soon as possible and no later than ten days
after such application.
•
There are a few instances where emergencies call for
immediate action; dust releases associated with new
construction / heavy equipment sometimes cause visibility
problems that need immediate attention, typically stopping
work until the haul road or work area can be watered and
maintained.
Section 41.23 Prerequisites of approval
(Would be amended to read) "Approval to construct or modify a source of air
contaminants will not be granted unless the applicant therefore shows to the
satisfaction of the control officer that the source will operate without causing a violation
of any provision of this chapter and the source will not prevent or interfere with
attainment or maintenance of any national ambient air quality standard."
This change is correct a typographical error.
Sec. 41.58 Emission of objectionable odors
(Would be amended to read)
Section (a) "No person shall cause or permit the emissions of any
objectionable odorous matter into the ambient air in amounts
detectible by the standards set out hereinafter, without applying
all reasonable measures as may be required to prevent odors
beyond the premises where it originates. In the case of new
sources, after adoption of this ordinance, no source designated in
appendix B in article V of this chapter may be built or installed
without applying the most current control technology available to
control odors. "
The change to this section requires that new facilities will meet the
standard set at like existing facilities upon opening
Sec. 41-80.
(Would be amended to read)
Section (d) "A pollution control system containing at a minimum
an acid gas scrubber and a particulate control device shall be in
place and in working order with a maximum emission gas
temperature of 390 degrees Fahrenheit continuously monitored
and recorded existing from the pollution control system"
This change is correct a typographical error.
Appendix B. SOURCES OF OBJECTIONABLE ODORS
(The following processes would be added)
1
CC. Coffee Roasters
DD. Ferrous &Non-Ferrous Foundries
EE. Tire manufacturing &Tire Retread operations.
FF. Wastewater Treatment
This section is being updated to reflect the current manufacturing
groups that have been recognized as sources of objectionable odors.
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•
•
"NOTICE TO PUBLIC" THE DAILY RECORD
The following Ordinance has been set for OF OMAFIA
City Council hearing on March 25,2003,at
_ 2:00 o'clock p.m., in the Legislative
Chambers, ,Omaha/Douglas .Gvic,.;igenter, RONALD A. HENNINGSEN, Publisher
1819 Farnam Street, at whiclkbeariog all PROOF OF PUBLICATION
persons interesKrhim.,>,,:-O.
AN ORDINANCE 4p;li,tip{.' actions 41-2,
41-23, 41-58, 41-80 4ftd V;::rldix B of the UNITED STATES OF AMERICA,
Omaha Municipal Codd„d'4IA9 .with air
quality control; to adopt;11':vfir'ost:recent' The State of Nebraska,
version of Title 129 of thgAirNS-Ration Rules District of Nebraska, SS.
and Regulations of the State of Nebraska, °u tty of Douglas,
with certain amendments thereto; to repeal City of Omaha,
Sections 41-2,41-23, 41-58, and 41-80 of the
Omaha Municipal Code as heretofore
existing; and, to provide for the effective JOHN P. EGLSAER
date hereof.
BUSTER BROWN, being duly sworn,deposes and says that he is
3-21-03 City Clerk
ADVERTISING MANAGER
of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
March 21, 2003
T .,-:.,':0; :‘`` r aper during that time was regularly published and
i :e J xc r�1+,i ion in the County of Douglas, and State of
GUiER,I, . ..46 II 0
s15.
Pu 1 skier's Fee $....... / .
N -,nrRY S 0
._. tittal Dopiest. ... =.I,... Su ce and swo to
\ EX: t':S S before me this- 21 s t dayof
't ow-- gb.e....'��... March 3'
iii1 tj .**Z4y 6 200. Q,; 2
4w AN., NE6`� "� Nora Pub In i r Doan
_--
Notary g . ty,
of Ne rag
i
-NOTICE TO PUBLIC- THE DAILY RECORD
ORDINANCE NO.36210
AN ORDINANCE to amend Sections 41-2,
OF OMAHA
41-23, 41-58, 41-80 and Appendix B of the
Omaha Municipal Code dealing with air
quality control; to adopt the most recent RONALD A. HENNINGSEN, Publisher
and Re oful Title 9 of the At Pollution Raslesks, PROOF OF PUBLICATION
and Regulations of the State of Nebraska,
with certain'amendments hereto; to repeal
Sections`•41, ,' k' 1•58 :: d 41-80 of the
Omaha M.'i 10 i1: ::' , heretofore UNITED STATES OF AMERICA,
existing; 4;':;:L puciF.A i/,-,i e effective
date hereof-, ..< The State of Nebraska, ss.
SUMMARY:-`" * District of Nebraska,
AN ORDINANCE -s.0 _g- ections 41-2,
41-23, 41-58, 41-80 an."•ppendix B of the County of Douglas,
Omaha Municipal Code dealing with air City of Omaha,
quality control; to adopt the most recent
version of Title 129 of the Air;Pollution Rules
and Regulations of the State,of Nebraska, LYNDA K.HENNINGSEN
with certain amendments'"tfiereto; to repeal
Sections 41-2,41-23, 41-58/and,41-80 of.the being duly sworn,deposes and says that she is
Omaha Municipal Code,- as heretofore
existing; and, to provide.-for the effective
date hereof. ASSOCIATE PUBLISHER
PASSED:April 1,2003,7.0
APPROVED BY: of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
MIKE HEY 4/3/03
MAYOR OF THE published daily in the English language, having a bona fide paid
CITY OF OMAHA circulation in Douglas County in excess of 300 copies, printed in
BLISTER BROWN,
City Clerk Omaha,in said County of Douglas,for more than fifty-two weeks last
4-10-03 past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
April 10, 2003
aper during that time was regularly published and
*Al�•••• in the Coun of Douglas d State of Nebraska.
••s. 'bed in my resence and ore to before
$ NOTARY 70 lOti
ui11isfigr's PeeION i me this day of
_S Apr'1 / 03
Aad;t.',7 Copie%o • P .70 20
q 9F C.EB
it ��' Notary is• ff. ,..g as County,
tate of Nebraska