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c. Emission Limitation Guidelines for Submission of Control <br /> P1 an. <br /> If the Division determines that a source of activity which <br /> is subject to this Section III.D. (whether new or existing) <br /> is operating with emissions in excess of 20% opacity and <br /> such source is subject to the 20% opacity emission <br /> limitation guideline; or if it determines that the source <br /> or activity which is subject to this Section III.D. is <br /> operating with visible emissions that are being transported <br /> off the property on which the source is located and such <br /> source is subject to the no off property transport emission <br /> limitation guideline; or if it determines that any source <br /> or activity which is subject to this Section III.D. is <br /> operating with emissions that create a nuisance; it shall <br /> require the owner or operator of that source or activity to <br /> submit a written plan to the Division for the control of <br /> fugitive particulate emissions within the time period <br /> specified in section III.D. Provided, however, that in the <br /> case of a source or activity which_ already has a control <br /> plan, the Division shall review said control plan and if it <br /> determines the plan does -not meet the requirements of this <br /> Section III.D. , it shall. require the submission of a <br /> revised control plan. (As used herein, "nuisance" shall <br /> mean the emission of fugitive particulates which <br /> constitutes a private or public nuisance ' as defined in <br /> common law, the essence of which is that such emissions are <br /> unreasonably interfering with another person's use and <br /> enjoyment of his property. Such interference must be <br /> "substantial" in its nature as measured by a standard that <br /> it would be of definite offensiveness, inconvenience, or <br /> annoyance to a normal person in the community.) <br /> [Cross Reference: Appendices A and B] <br /> d. Control Plans <br /> (i) With respect to operations or activities which have <br /> more than one source of fugitive . particulate <br /> emissions, submission of control plans or plan <br /> revisions pursuant to Section III.D. shall be <br /> required only with respect to those individual <br /> sources for which there does not exist a currently <br /> approvable control plan and which are not being <br /> operated in accordance with the requirements of this <br /> Section III.D. , provided, however, that control plans <br /> required by Section III.D.I.b for new sources and <br /> activities shall contain provisions for control of <br /> fugitive particulate emissions from all significant <br /> sources of such emissions. <br /> 1.13 <br />