§ 11-13. Variances.

The provisions of this section shall apply only to sources in existence prior to the adoption of this ordinance. Where emission sources in existence prior to the adoption of this ordinance do not meet the emission limitations noted in § 11-6, then a program to meet the emission limitations stipulated shall be developed and offered to the Director of Health by the owner of the equipment causing the emission; provided, however, that written agreements entered into between any person and properly authorized appropriate city officials prior to the adoption of this ordinance for the elimination or abatement of air pollution shall be recognized as valid and enforceable obligations under the terms of this ordinance, and compliance with such agreements shall constitute compliance with this ordinance for all purposes. This program shall be submitted upon the request of and within such times as shall be fixed by the Director of Health, and after said program has been approved by the Director of Health, the owner of the equipment causing the emission shall not be in violation of this ordinance so long as said program is observed. In evaluating such a program of improvements, the Director of Health shall take into consideration the following factors:

A. 

Action taken to control atmospheric pollution within emission limitations in effect prior to this ordinance.

B. 

Efficiency of any existing control equipment relative to that which would be required to meet emission limitations of this ordinance.

C. 

Temporary interim control measures intended to minimize existing pollution levels.

D. 

The effect the source of emission has on ambient air quality generally or in the immediate vicinity of the source.

E. 

The degree of control in relation to other similar facilities which produce air pollution.

F. 

The age and prospective life of the facility in question. Reports consisting of information required by the Director of Health indicating the progress of these programs shall be submitted annually to the Director of Health by the owner of the equipment causing the emission in question. If the Director of Health determines that the program submitted by the owner has not been followed, the Director may suspend the program and issue a violation notice. In the event the owner of the equipment causing the emission and the Director of Health cannot evolve a mutually acceptable program of improvement, the matter shall be referred to the Board of Health for resolution and determination of an acceptable program. In making their determination, the Board of Health shall also take into consideration the factors noted in Subdivisions A through F above.

G. 

Where the presence of uncombined water is the only reason for failure of an emission to meet the requirements of §§ 11-7 and 11-8 of this ordinance, such sections shall not apply.

H. 

Until such time as technically feasible methods are available to control pollutants from certain processes, the following shall not be in violation of this ordinance:

(1) 

Transfer of molten metals.

(2) 

Emission from transfer ladles.

(3) 

Coke ovens when charging ovens.

(4) 

Coke ovens when pushing coke from ovens.

(5) 

Water quenching of coke on discharge from ovens.

I. 

Upon request of the Director of Health, an annual report on progress of research to control emissions from processes listed in § 11-13H shall be submitted to the Director of Health by operators of such processes and, by him, to the Board of Health. As soon as methods of control are practicable in the opinion of the Board of Health, such controls shall be installed. Until such controls are deemed practical and the time recommended by the Board for the accomplishment of said installations has expired, the provisions of this ordinance in § 11-6 shall not apply.

J. 

Experimental procedures on new or existing processes, fuel-burning, refuse-burning or other equipment and/or devices susceptible for use in such a manner as to emit atmospheric pollutants may be conducted upon receipt of the written approval of the Director of Health. The Director of Health may grant such written approval to conduct experimental procedures for any period of time not to exceed one year, and he may, in addition to said time limitation, impose such other conditions and limitations on the conduct of said experimental procedures that he deems reasonable to minimize the effects of the experimental procedure on the ambient air. During the period of time said experimental procedures are conducted with the approval of the Director of Health, the provisions and limitations of § 11-6 shall not apply.