Chapter 8.16


8.16.010    Permit to operate incinerators.

8.16.020    Emissions of particulate matter.

8.16.030    Permit—Application—Requirements.

8.16.040    Permit—Application—Review criteria.

8.16.050    Emission and ambient monitoring.

8.16.060    Revocation or suspension of permit.

8.16.070    Existing facilities—Compliance required.

8.16.080    Definitions—Adoption by reference.

8.16.010 Permit to operate incinerators.

No person may construct, modify, reconstruct, operate or cause the operation of a facility containing two or more incinerators, which has a total, combined rated capacity of a thousand pounds per hour, and which contains no single incinerator greater than or equal to one thousand pounds per hour rated capacity, without a permit from the city. An incinerator requiring an air quality permit from the state of Alaska, Department of Environmental Conservation is not regulated by this chapter. (Prior code § 2A-1)

8.16.020 Emissions of particulate matter.

Emissions of particulate matter from an incinerator, less than one thousand pounds, but greater than or equal to three hundred pounds per hour rated capacity, may not exceed 0.15 grains per cubic foot corrected to twelve percent CO2 and standard conditions. (Prior code § 2A-2)

8.16.030 Permit—Application—Requirements.

An application for a permit required by Section 8.16.010 of this chapter must include:

A.    One set of plans and specifications clearly showing the layout of the proposed facility, location of equipment and points of discharge, building dimensions and stack height;

B.    A map or aerial photograph on a scale of at least one inch to one mile, indicating the location of the proposed facility, homes, buildings, roads, and other adjacent facilities, and the general topography within fifteen kilometers of the facility;

C.    An engineering report outlining the proposed methods of operation, the amount of material to be processed, the proposed use and distribution of the processed material, and a process flow diagram with description showing points of emission and estimated amounts and types of air contaminants to be emitted;

D.    A description of air quality control devices, including efficiency and other design criteria, and assurances that this equipment is capable of complying with applicable emission requirements;

E.    If requested by the city administration, the evaluation of the effect of the facility’s expected maximum emissions on the ambient air, including ambient air quality and meteorological data;

F.    If requested by the city, plans for emission reduction procedures to be used during an air episode declared pursuant to the criteria specified in 18 AAC 50.610; and

G.    A detailed schedule for construction or modification of the facility. (Prior code § 2A-3)

8.16.040 Permit—Application—Review criteria.

A.    Before a permit is issued for a facility as required by Section 8.16.010 of this chapter, a public hearing on the application will be held within thirty days of receipt of all the information required in Section 8.16.030 and public comments and testimony received will be evaluated as part of the information needed to complete evaluation of the permit application. Fourteen days notice of the public hearing shall be given.

B.    The city administration will review a permit application and will, in its discretion, either issue or deny the permit within thirty days after the public hearing.

C.    The city administration will issue a permit only if the applicant shows that:

1.    Allowable emissions from the facility and from associated growth will not prevent or interfere with the attainment or maintenance or ambient air quality standards set by 18 AAC 50.020(a), as adopted by reference in this chapter;

2.    Air contaminant emissions will not exceed the requirements of Section 8.16.020 of this chapter and 18 AAC 50.040(a)(1), and are not otherwise injurious to human health or welfare, animal or plant life, or property, or would not unreasonably interfere with the enjoyment of life or property.

D.    A permit to operate an incinerator regulated under this chapter:

1.    Will be granted for no more than one year, after which the permit must be renewed for continued operation of the facility;

2.    Will contain a compliance schedule if the facility is emitting air contaminants in excess of applicable limitations contained in this chapter or as adopted by reference in this chapter, based on the minimum time necessary to install the required control equipment; a permit which includes a compliance schedule must be renewed every six months of its duration;

3.    Will, in the city administration’s discretion, require the permittee to install, use and maintain monitoring equipment, to sample emissions according to methods prescribed by the city administration, at locations and at intervals, and by procedures specified by the administration; to provide source test reports;

4.    Will, in the city administration’s discretion, require the permittee to provide monitoring data, emission data, and information from analysis of any test samples; and to make periodic reports on process operations and emissions;

5.    Will, in the city administration’s discretion, require that specific emission-reduction procedures be taken during an air episode; and

6.    May not be transferred.

E.    If an application for a permit is denied, the city administration will notify the applicant by certified mail, stating the reason for denial. The notification will include a statement that a person aggrieved by the city administration’s decision may appeal that decision to the city council upon filing a notice of appeal with the city clerk within fifteen days after the post marked date of the notification of denial. (Prior code § 2A-4)

8.16.050 Emission and ambient monitoring.

A.    The operator of a facility requiring a permit under Section 8.16.010 of this chapter shall install, maintain and operate continuous ambient air quality, meteorological, process or emission monitoring and recording devices specified by the city administration and in accordance with 40 CFR Part 58, Appendix B, as amended through July 1, 1987.

B.    The city administration will, in its discretion, require the operator of a facility regulated under this chapter to keep records and periodically report on the nature and amount of emissions as necessary to determine compliance with this chapter. (Prior code § 2A-5)

8.16.060 Revocation or suspension of permit.

A permit to operate an incinerator regulated under this chapter, will, in the city administration’s discretion, be revoked or suspended, if the conditions of the permit, or applicable laws or regulations, are violated. A permittee will be notified by certified mail of a decision to revoke or suspend a permit. A decision to revoke or suspend a permit may be appealed to the city council upon filing notice of appeal with the city clerk within the time limitations specified in Section 8.16.040(E). (Prior code § 2A-6)

8.16.070 Existing facilities—Compliance required.

The operator of a facility described in Section 8.16.010 of this chapter which began operating after March 24, 1989, shall have ten days from the date of passage and approval of the ordinance codified in this chapter to submit the application required by Section 8.16.030. During the application review process, the facility may continue to operate pending a decision on the application unless in the city manager’s opinion, based on available data and information, the facility is not operating within the limitations of Section 8.16.040(C). (Prior code § 2A-7)

8.16.080 Definitions—Adoption by reference.

The definitions contained in 18 AAC 50.900 of terms used in this chapter are adopted by reference as though fully set forth in this chapter. (Prior code § 2A-8)