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COUNTYOFBERNALILLO

COUNTYCOMMISSIONORDINANCE NO. BB-45

AN antHNAKCE 

### RELATING TOAIR POLLUTION, AMENDING THE PROVISIONS OF ORDINANCE NO. B4-44 

### DELETINGAPHRASE THAT IS INCONFLICTHITH STATELAHPERTAINING TO FEDERAL REGULATIONS, REPEALING ORDINANCES NO. B4-44 

### AND B7-1D 

### AFTER COMBINING THE PROVISIONS THEREOF HHICH ENABLE THE JOINT AIR QUALITY CONTROL BOARD HEREIN. THIS ORDINANCE PRESCRIBES POHERS AND DUTIES OF THE BOARD PROVIDING FOR THEADOPTION. ADMINISTRATIONAND ENFORCEMENTOF REGULATIONS; PROVIDING FOR VARIANCES; PROVIDING FOR PERMITS; PROVIDING FOR SPECIAL REGULATIONS EQUAL TO FEDERAL REQUIREMENTS FOR PREVENTION OF SIGNIFICANT DETERIORATION, NEH SOURCE PERFORMANCE STANDARDS AND NATIONAL EMISSIONS STANDARDSFORHAZARDOUSAIRPOLLUTANTS. BE IT ORDAINED BY THE COUNTY COMMISSION. THE GOVERNING BODY OF THE COUNTYOFBERNALILLO. NEHMEXICO: SECTIONI. Short title. This OrdInance may be cited as the 

### "Joint AIr Quality Control Board Ordlna.nce." 

### SECTIONZ. DefInItions. As provIded In the

### AIr QualItyControl Act. the 

### followIng defInitions shall apply toterms used In thIs OrdInance: A. "air 

### contamInant" means any substance. InclUdIng but not 

### lImIted to any particulate matter, fly ash, dust. fumes. gas. mist.**smo~e,** vapor, mIcro-organIsms, radioactive mater1als. any combinatIon thereof or 

### any decayor reaction product thereof; 8. "air pollution" means the emission. except as such emIssion

occurs tn nature, Into the outdoor atmosphere of one or more air 

### contamInants tn such quantitIes and duration as may with reasonable 

### probability Injure human health, animal or plant lIfe. or as may unreasonably Interfere wIth the 

### publIc welfare. vIsibility or the

Attachment H

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reasonableuseofproperty; C. I'board" means the Albuquerque-Bernalillo County air Quailty 

### control board created bythis Ord1nance; D. "delayed compliance order" means any federal1y tssued order 

### pursuant to the federal actor any assurance ofdlscont1nuance accepted by 

### the boardpursuant totheAIrQualItyControl Act, applIcable toasource, postponIng the date requIred for compliance by such source with any requirement of. any requirement established pursuant to or any requirement 

### continued IneffectbytheAIrQualItyControlActorthefederal act; E. "department.. means the administratIve agency of the 

### Albuquerque-BernalIlloCountyaIrqualItycontrol board; F. "director"means theadministrativeheadofthe department: G. "emIssIon ltm1tat1on" and 

### "emhston standard" mean a 

### requirement established by the board, the department. or pursuant to the federal act whIch limits the quantity, rate or concentration, or combInatIon thereof, of emissIons of aIr contaminants on a contInuous basIs, IncludInganyrequIrements relatIng to theoperatIonormaIntenance ofasource toassurecontinuous reduct'on; 

### H. "envlronmental Improvement divisIon" means the envIronmental Improvement divisIon of the state of New Hexlco health and envIronment department; 1. 

### "federal act" means the Clean AIr Act, 42 U.S.C. SectIons 7401 through7642; J. 

### "federal standard of performance" means any standard of performance, emissIon limitation or emIssIon standard adopted pursuant to 42U.S.C. Section7411 or7412; K. "hazardous air pollutant" means an alr contamInant whtch 

### has 

### beenclassIfiedas ahazardous airpollutantpursuanttothefederal act; t. 

### "mandatory class IareaB 

### means anyofthe followlng areas In 

### the stateofNewHexlcowhichwere InexistenceonAugust7,1977: (I) national wilderness areas whichexceed five thousand

acres In s1ze; and 

### (2) natIonal parks whichexceed sixthousand acres In size;

2H. "modificatIon" means any physical change In, or change In the method of operation of, a source which results In an Increase 1n the potenttal emIssion rate of any regulated a1r contamtnant emitted by the

source or wh1ch results In the emission of any regulated air contamInant not previously emItted, butdoes not Include: (1) 

### achange tnownersh1p of

### the source; (2) routtnemaintenance, repaIror replacement; (3) JnstaJlat10n of air pollution control equipment, and all related process equtpment and mater1als necessary for Its operation, undertaken for the purpose of complyIng with regulatIons adopted by the 

### board or pursuantto thefederal act; or (4) unless prevIously 11mlted by enforceable permit conditions: (a) an Increase In the productIon rate, If such tncrease does not exceed the operatIng design capacityofthe source; (b) an Increase In the hours ofoperatIon; or (c) use of an alternative fuel or raw material If, prIor to January 6, 1975, the source was capable to accOl1ll1Odatlng such fuel or raw materhl, or If use of an alternate fuel or raw materIal Is caused by any natural gas curtailment or emergency allocation or any other lackofsupplyofnatural gas; 

### N. 

### ·nonatta'nment area" for any aIr contamInant means any federally designated geographIcal area of Hew Hexlco wIthIn whIch a national ambient air quality standard for that aIr contaminant Is beIng exceeded; O. "person" means any 1ndlvldual, partnership, firm, publIc or private corporation, associatIon, trust, estate, political subdIvision or agency, or any other legal entity or their legal representatives, agents

or assigns; P. ·potentlal emissIon rate· .means the emission rate of a

source at lts maximum capac1ty In the absence of air pollution control equipment Which Is not vital to production of the normal product of the

source or to Its normal operation;

3Q. "regulated air contaminant" means any air contamlnant. the emissIon or ambIent concentration of whIch Is regulated pursuant to the AirQuality Control Act or the federal act; R. "slgn1flcant deterioration" means any Increase In the ambient concentratIons ofany a1r contaminant above the levels allowed by the federal act or federal regulatIons for that air contamInant In the

areawlth1n wh1ch the Increase occurs: S. "source" meanS any structure, building. equipment. facll1ty, Installationor operat1onwhich emits ormayemit any a1r contaminant; T. "standard of performance" meanS a requ1rement of contlnous emlss10n reduction. 1nclud1ng any requirement reJatlng to operation or maintenance ofa source toassure contlnous emission reduction; and U. "state Implementation plan" means any plan submitted by the state of Hew MexIco to the federal environmental protectIon agency pursuant to 42U.S.C. Section 7410. SECTION3. JoIntairquality control board. A. In accordance With the HewMexIcoAirQuality Control Act, a Joint air quality control board to be known as the Albuquerque-BernalIllo County Air Quality Control Board Is hereby created. The metropolitan environmental health advisory board, establIshed by city and county Metropolitan EnvIronmental Nealth Advisory Board Ordinances, Is the Atr QualIty Control Board for the county of BernalIllo and the city of Albuquerque. AmaJorttyofthe board constitutes aquorum, B. The board shall administer and enforce the Atr Quality Control Act and any regulatIons relating to air pollutIon appltcable wlthtnAlbuquerque and BernalilloCounty. C. The director of the department shall keep full minutes of all transactions and proceedings of the board under the Air Quality Control Act and shall perform dutIes under the Act prescrtbed by the board. The dIrector ts the custodtan of all flies and records of the board, and shall meet with the board but not vote. O. Staff for admInIstratIon and enforcement of the Air Quality Control Act, the ,Joint Atr Quality Control Board Ordinance and any

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### regulatIons pursuant thereto and any other laws relatIng to aIr pollutIon applicable withIn Albuquerque and Bernalillo County shall be provided by the cItyofAlbuquerque. SECTION4. DutTes and powers ofthe board. A. The board In accordance with the Air QualIty Control Act, shall prevent or abate aIr pollutIon within the city of Albuquerque and countyofaernallllo.

a. The board shall: OJ adopt, promUlgate, pUblish. amend and repeal regulatIons consIstent wIth the AIr QualItyControl Act and thIs Ordinance to prevent or abate aIr pollution. IncludIng regulat10ns prescrtblng aIr 

### standards withIn the geographic area of the board's jurisdIctIon, or any part thereof. RegulatIons may Include regUlations to protect vIsIbilIty In mandatory class I areas, to prevent sIgnificant deterioratIon of aIr quality and to achIeve national ambient air quality standards In nonattalnment areas; provided that such regulations shall be no more stringent than but at least as stringent as required by the federal act and federal regulations pertaInIng to visIbility protectIon In mandatory class I areas, preventIon of sIgnIfIcant deterioration and nonattalnment

areas and shall be applicable only to sources subject to such regulation pursuant to the federal act. Regulations may also prescrIbe standards of performance for sources and emlsston standards for hazardous atr 

### pollutants, provIded that such regulations shall be no more strIngent than but at least as stringent as required by federal standards of performance and shall be applicable only to sources subject to such federal standards of performance. Any regulations shall not specify the method to be used to prevent or abate aIr pollution. Any regulation promulgated under this section shall be consIstent wIth federal law, Ifany, relating to control of motor vehicle emissIon. In making Its regulations, the board shall gIve weight It deems approprIate to all facts and circumstances, IncludIng butnot 11m!ted to: <aJ character and 

### degree of Injury to, or Interference with, health, welfare, vIsIbility and property;

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### (b) the public Interest, Including the social and econom1c value ofthe sources and sUbjects ofair contaminants; (c) technical practicability and economic reasonableness of reducing or elIminatIng aIr contamInants from the 

### $ources Involved and previous experience wIth eQuipment and methods available tocontrol the air contaminants Involved; (2) Develop facts and make Investigations and studies consistent with the Air Quality Control Act and this Ordinance, and In connection therewith, enter at all reasonable times In or upon any pr1vate



### or public property, e,cept private residences, whIch the board has reasonab1e cause to be1teve ts or will become a source of aIr 

### contalmlnants contributing to air pollution, and require the productIon of 

### Information relating to emissions which cause or contribute to air pollutIon. The results of any such InvestigatIons shall be reduced to writing If any enforcement action Is contemplated, and a copy thereof shall be furnished to the owner or occupants of the premises InvestIgated before the action Is fIled. (]) cause to be InstItuted legal proceedIngs to compel complIance with the Air QualIty Control Act, thIs OrdInance or any regulatIonoftheboard; (4) advise, consult, contract and cooperate with municipalities, counties, other states, the federal government and other Interested persons or groups In regard to matters of COlm!On Interest 

### t" the field of aIr Quality control, and Initiate cooperative action between munlctpalltles, counties and the board, or any combInation thereof. for control of air pollutIon In areas havIng related aIr pollution problems thatoverlap the boundarIes OfpolItIcal subdivisIons. (5) encourage and make every reasonable effort to obtain voluntary cooperation by persons .1n the preservation, the restoration, or the Improvementofair purity; (6) consult with any person proposIng to construct, 

### Install orotherwise acquire an air contamInant sourceordeviceor system for the control thereof, concerning the efficiency of the devIce or

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### system, or the aIr pollUtion problem which may be related to the source, device or system. Nothing In any such consultation relIeves any person 

### from complIance wIth the AIr Quality Control Act, thls Ordlnance, regulations In force pursuant thereto, or anyother provIsionoflaw. (7) accept. receive and administer grants or other funds


### or gifts from publIc and prIvate agencIes, IncludIng the federal governmentor from any person; (8) classify and record air contaminant sources whlch, tn 

### Its judgement, may cause or contribute to aIr pollution accordIng to levels and types of emissions and other characteristics which relate to 

### airpollutIon. ClassIfIcatIons made pursuant In thIs paragraphmay be for applIcatIon tocItyandcountyas awhole or to anydesIgnated areaofthe city and county, and shall be made with special reference to effects on health, economIcand socIal factors andphysIcal effectsonproperty; and (9) 

### develop and adopt aplan or plans for the regulatIon. control, preventIon or abatement of aIr pollution, recognIZing the differences, needs, requIrements and conditions In the different areas of 

### the cItyandcounty. C. The board may adopt regulatIons requirIng notIce of the board of the Intent to Introduce or permit the Introduction of an aIr contamInantIntotheaIrofcItyandcounty. O. Theboardmay, by regulation, requIre anyperson emittingan aIrcontamInantto: (1) Install, use andmaIntainemissIonmonItorIngdevices; (2) sample emissions In accordance wIth methods and at locations and Intervals as may be prescrtbed 

### by

### the board; (3) 

### establish and maIntaIn records of the nature and amountofemissions; 

### (4) submIt reports regardIng the nature and amounts of emissions and the performanceofem1ssJoncontrol deVices; and 

### (5) provIde anyother Information relating to the emIssion ofair contaminants. 

### SECTION5. AdoptionofregulatIons; notIceandhearIngs.

7No regulatton or emlsston control requtrement or amendment or repeal thereof shall be adopted until after a public hearing by the board. NotIce of the hearIng shall be gIven at least thIrty (30) days prIor to the hearIng date and shall state the subject, the tlme and pIace of the hearing and the manner tn which Interested persons may present thefr vtews. The notice shall also state where tnterested persons may secure copIes of any proposed regulation or air quality standard. The notIce shall be published In a newspaper of general circulation In the city and county. Reasonable effort shall be made to give nottce to all persons who have made a written request to the board for advance notIce of Its hearings. At the hearing, the board shall allow all Interested persons reasonable opportunUy to submU data. views or arguments orally or In Writing and to

..amine witnesses testIfyIng at the hearing. Any person heard or represented at the hearIng shall be gIven wrItten notIce of the actIon of the board. The board may designate a hearIng officer to take evIdence In the hearing. No regulatIon or emissIons control requIrement

or amendmentor repeal thereofadopted by the board shall become effectIve untIl thIrty (30) days after Its fIlIng under the State Rules Act. SECTION 6. PermIts. A. By regUlatIon, the board may requIre persons preparIng for any constructIng or modifying any new source of aIr contamInant to obtaIn

a permit from the department prIor to the construction or modifIcatIon. Such regulatIons may Include requIrements relatIng to prevention of sIgnifIcant deterIoratIon and to constructIon 'n nonattalnment areas; provIded that such requIrements shall be no more strIngent than but at least as stringent as required under the federal act and regulations adopted pursuant thereto. B. PrIor to the Issuance of a permit, the department shall requIre the submission of plans, specificatIons, and other relevant InformatIon which It deems necessary IncludIng InformatIon the department deems necessary to ensure that regulatlons and standards under th's OrdInance, the air quality control regulatIons of the board, the AIr Quality Control Actor the federal act are not vIolated.

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### C. ThedepartmentmaydenyanyapplIcationforapermit If: (J) It appears that the construction or modlncatlon will not meet applicable regulat1ons; 

### (2) the con,tructlon ormodIfIcatIon wIll emIt ahazardou, a1r pollutant or atr contaminant In excess of a federal standard of performance, or aregulation ofthe board; (3) 

### It appear, that the con,tructlon or modifIcatIon will

cause or contrtbute to air contaminant levels In excess ofany nat10nal or 

### .tate, orapplIcable local ambientairqualIty ,tandard,; or (4) any provl,lon of the AIr Quality Control Act wIll be violated. D. The department 'hall, withIn thirty day, review any applIcatIon .ubmltted for completene.,. If the applIcatIon " judged complete, a letter to thateffect ,hall be .ent to the applIcant. Ifthe application I. judged Incomplete, a letter 'hall be ,ent to the applIcant .tatlng what additIonal Information or poInt' of clarIfIcation are necessary to judge the applIcatIon complete. The department 'hall, as .oon .. practIcable but not to exceed one hundred twenty day. or one hundred eIghty day. If

### there Is 

### ahearing after the filing ofacomplete applIcatIon for a permit, either grant, grant .ubject to conditIons or denythepermitfor theconstructIonormodIficatIonofa.ource. L This sectIon does not authorIze the department to requIre the use ofmachinery, devIce' or equIpment from apartIcularmanufacturer 1f the federal .tandard' of performance and ,tate regulation, or regulation of the board may be met by machinery, devices or equipment otherwl,e avaIlable. F. 

### The board may provide by regulatIon a schedule offee, for permit' ,ufflclent to cover the reasonable co,t, ofrevIewIng and acting upon any applIcatIon for ,uch permIt and the rea'onable co,t, of Implementing and enforcing the term, and conditIon, of the permIt, excludlnq any court costs or other costs associated with an enforcement 

### actIon. InitIal fee' are tobe paId at the time the applicatIon for the permIt I' fIled, and ,ub,equentfees, Ifany, are tobe paida' determined

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## ... by the dIrector. Fees collected, pursuant to thIs section, shall be deposited In the general fund of the city of Albuquerque, If the application 15 for a new source within the city, or 1n the general fund of the county of Bernalillo, If the application Is for a new source located outside the city, butwithin the county. G. The Issuance of a perm1t does not relieve any,person from the responsIbility of «)mplylng with the provisions of the AIr Quality Control Act, this Ordinance and any applicable regulatIons of the board. Any condItions placed upon a permIt by the department shall be enforceable 

### to the same extentas aregulat10nofthe board. H. If the department den1es a permlt or grants the permlt sUbject to condItions, the department must notify the applIcant by certifIed mall of the actIon taken and the reasons therefor. If the applicant Is dissatisfied wIth the actIon taken by the department, he may request a hearIng before the board. The request must be made In writIng to the dIrector of the department within thIrty days after notIce of the department's action has been received by the applicant. Unless a timely requestfor hearIng Is made, the decIsionofthe department shall befInal. I. If a tImely request for hearIng Is made, the board shall hold a hearing withIn thirty days after receIpt of the request. The department shall notIfy the applIcant by certIfIed mall of the date, tIme and place of the hearIng. In the hearIng, the burden of proof shall be upon the applicant. The board may desIgnate a hearing offIcer to take evidence In the hearing. Based upon the evIdence presented at the hearing, the board shall sustain, IOOdlfy or reverse the actIOn of the 

### department. J. An applicant may appeal the decision of the board by filIng wIth the court ofappeals a notIce of appeal within thIrty days after the date the decision Is made. The appeal must be on the record made at the hearIng. The applIcant shall certIfy In his notice of appeal that 

### arrangements have been made with the board for preparat10nofasufficIent number of transcrIpts of the record of the hearing On whIch the appeal depends to support hIs appeal to the court. at the expense of the

10applIcant, Including two copIes whIch he shall furnish to the board. Upon appeal, the court of appeals shall set aside the decIsion of the board only Iffound tobe: (1) arbItrary, caprIcIous or an abuse ofdIscretion; (2) not supported by substantial evidence In the record; or 

### (3) otherw1se not to 

### accordance wIth law. K. The board shall adopt such regulations as are necessary to Implement this section, IncludIng regulatIons governIng the deadlines for processIng permit app11catlons and the pUb11c not!ce, comment perIod and publIc hearing, Ifany, requIred prIor to the Issuanceofapermit. L. The department shall provIde notIce to the envIronmental 

### Improvement divisIon ofall permit applicatIons by 

### any source which emIts.

or has a potential emIssion rate ofone hundred tons per year or mofe of any regulated all' contamInant, IncludIng any sOUrce of fugitive eml,,'ons ofeach regulated all' contamInant at least sIxty days prior to the date on whIch constructIonor major modIfIcatIon Is tocommence. H. (ll Except as otherwise provided In Paragraph (2) of this subsection, the department may specIfy conditIons to any permit granted under thIs sectIon. Such condItions may Include: (a) placement of IndivIdual eml"lon lImits determIned on a case-by-case basis on the source for which to permit Is Issued, but such IndivIdual emissIon limIts shall be only as restrIctive

as themore strIngentofthe followIng: (1) the extent 

### necessary to 

### meet the requIrements of thIs Ordinance, the AII' Quailty Control Act and the federal act; or (2) the emlsston 

### rate specIfIed In the permit applIcatIon. (bl a 

### requ'rement that such 

### source Install and operate control technology, determIned on a case-by-case basIs, sufficIent to meet the requirements, pertaInIng to preventIon of signifIcant detertoratlon or to sources locatIng In nonattatnment areas,.of this OrdInance, the AII' Quality Control Act and the federal act, and

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# ·. regulatIons promulgated under suchordInance and acts; (c) compliance wIth applIcable federal standards of 

### performance: (d) ImpositIon of reasonable restrIctions and limitations other than restrIctions and limItations relatIng to emIssion lImIts or emissIon rates; or (e) any combInation ofthe above. (ll In the case of a modIficatIon, the reqUirements of Paragraph (1) of thIs subsection apply only to the facility or facIlities Involved In such modification. 

### N. Persons construct1ng or modlfytng 

### any new source requ1rlng a permtt. which new source Is wlth1n the confines of the boardls jurIsdictIon under the Air QualIty Control Act, must obtaIn a permit from the department and not from theenvironmental Improvement dlvl,lon. SECTION 7. Variances. A. The board may grant an IndivIdual variance from the lImitatIons prescrlbed under the AIr Quality Control Act, this Ordinance

or any regulation of the board, or any permit conditIon whenever It Is found, upon pre,entatlon ofadequate proof, that compliance wIth any part of the Air Quality Control Act, thIs Ordinance. any regulatIon of the board, or any permit conditIon will result In an arbitrary and unreasonable takIng of property or will Impose an undue economic burden upon any lawful busIness, occupation or activity, and that the granting of the varIancewill not result Ina condition Injurious to healthor safety. B. No variance shall be granted pursuant to this section until the board has consIdered the relatIve Interests of the applicant, the other owners of property likely to be affected by the discharges and the general public. C. Any varIance or renewal thereof shall be granted withIn the requIrement, of Subsection A of this section-and for time periods and under conditions consIstent with the reasons therefor, and withIn the followIng limitations: (1) If the variance Is granted on the ground that there Is

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### no practIcable means known or avaIlable for the adequate prevention, abatement or control of the atr 

### pollution Involved.

# 't shall be only until 

### the necessary means for prevention. abatement or control become known and avaIlable; (2) If the varIance Is 

### granted on the grounds that complIance wIth the partIcular requIrement or requirements from whIch 

### varIance 1$ sought w111 necessitate the**ta~lng** 

### ofmeasures wh1ch, because of their extent or cost, must be spread OVer a considerable period of 

### tIme, It 

### shall.be for a perIod not to e>ceed 

### such reasonable tIme as. In the vIew of the board, Is requIsite for the tal<lng of the necessary

measures. AvarIance granted on the grounds specified In this paragraph shall contaIn a tImetable for the takIng of actIon In an expeditIous

mannerand shall be condItIonedon adherence tothe tImetable; or (3) If 

### the variance Is 

### granted On the ground that It Is 

### justIfIed to relfeve or prevent hardshIp of a kInd other than that provIded for In Paragraphs (1) and (2) ofthIs SUbsectIon, It shall be for notmore thanoneyear. O. Any person seel<lng a varIance shall do so by filing a petltton for varIance wlth the dlrector. The dlrector shall promptly Investigate the petitIon and make recOlllllendatlons to the board as to the disposition thereof. Upon receiving the recommendatIon of the dIrector the board shall, If the recommendation favors a variance, hold a public hearing prIor to the grantIng ofany varIance. Ifthe board Is opposed to the grantIng of any variance, then a hearing shall be held upon the request of the petItioner, and In such hearings the burden ofproof shall be upon the petlttoner. SECTION8. VarIances; judIcial revIew. A. Any person to whom the board denIes a variance, after a hearIng, may appeal to the court of appeals. All appeals shall be upon the record made at the hearIng, and shall be taken to the courtofappeals wIthIn thirty days after the board's denIal. B. The procedure for perfecting an appeal to the court of appeals under thIs section consIsts of the tImely filing of a notice of

13appeal, In the court of appeals, with an attached copy of the regulatIon

or permit conditIon from which the variance was sought and denIed, a copy of the varfance request and a copy of the board's findIngs and order. 1f any, denying the varIance requested. The appellant shall certify In his notlce of appeal that arrangements have been made with the board for preparation, at the appellant's expense, of a suffIcIent number of transcripts of the record of the hearing on which the appeal depends, to support hIs appeal to the court, Including three caples which he shall 

### furnish to the board. Such appeal shall be prosecuted In the same manner 

### asotherc'vll cases. C. Upon appeal, the court of appeals shall set aside the board's denIal ofthe variance requestonly Iffound tobe: (1) arbitrary, capricIous or an abuse ofdIscretIon; (2) not supported by substantIal evIdence In the record; or (3) olherw!se not In accordancewIth law. O. The appellant may apply to the court ofappeals for a stay of enforcement of the board's order pending the determinatIon of such appeal. The court ofappeals may, upon hearIng before the court and upon goodcause shown, grant such stay. SECTION 9. Energency procedure. NotWithstanding provisions of the Air Quality Control Act, Or any regulatIon ofthe board, Ifthe dIrector of the department determInes that any person 

### Is causIng or contrIbutIng to aIr pollution of such characteristIcs and duration as to create an emergency whIch requIres t

...edlate action to protect human health Or safety, the dIrector of the department shall order the person to reduce Or cease ImmedIately the emission of aIr contamInants creating the emergency condition. If the effectiveness of the order Is to continue beyond forty-eight hours, the dIrector of the department shall file In the district court, not later than forty-eIght hours after the date of the order, an acllon to extend the effectiveness ofthe order. SECTION 10. ConfidentIal Information; lImitations on regulation. A. Any records or other Information furnished to or obtained by

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### the board or the department concerning aIr contaminant sources relatIng to processes or production technIques unique to the owner or operator and relatIng to the profits and costs of the owner or operator which have not 

### previously been released to the pUblIC, are confidential If specifically marked as confIdential at the time such Items are submItted, and shall not be made apartof any publIc record unless the person expressly agrees to 

### Its publicatIon. This does not limit the use of such records or Information In any civil or crIminal action, subject to such protection that the court may gIve. or prohIbIt the release of Information concerning the nature and amountofemissions fromany source. 

### 8. TheAIrQualityControl ActandthIs Ordinancedonot: (I) authorize the board to make any regulatIon wIth respect to any condItIon or quality of the outdoor atroosphere If the conditIon or air quality level and Its effects are confined entirely wIthIn the boundaries of the IndustrIal or manufacturing property within whIch the aIr contaminants are or may be emitted and publlc access Is restrIctedwithIn suchboundaries; (2) grant to the board any JurisdictIon or authority affecting the relatIon between employers and employees wIth respect toor arisIngoutofanycondItionofaIrquality level; or (3) supercede or limIt the applicabilIty of any law relatIng to IndustrIal health, safetyor sanitatIon. SECTION 11. Enforcement. A. If, as a result of InvestigatIon. the board has good cause to belleve that any person 1s 

### VIolating any provisIon of the Air Quallty Control Act, thIs OrdInance, any regulation of the board, any permit conditIon, or any emergencyorderofthe dIrector and Ifthe department Is unable wIthin areasonable time toobtaIn voluntary cooperation toprevent aIr pollution, the departmentmay cause an actIon for InjunctIon or other approprIate relief to be filed In the distrIct court to secure the abatement of the emission of air contamInants or compliance with the 

### provisIonsoftheAirQualityControl Act, regUlatIonoremergencyorder. 8. In any actIon to enforce 

### the provIsIons of any city

15ordinance adopted In accordance with the provisions of the AIr Quality Control Act to enforce any regulation of the board within the clty, the boardand the cIty shall be represented by the city attorney. C. In any action to enforce the provision of any county ordinance adopted In accordance with the AIr Quality Control Act or to enforce any regulation of the board outside the city, the board and the county shall be representedby the distrIct attorney. O. In addition to the remedIes provIded above, the trIal court may, as provided In the AIr Quality Control Act, Impose c1vll penalties not exceeding one thousand ($1,000) dollars for each violatIon of the Air Quality Control Act or any regulation or emergency order. Each day durIng any portion of which such vIolation occurs shall constitute a separate offense. In any actIon under this subsection, the defendant may demand a Jury triaI. E. Any party aggrieved by any fInal Judgement of the distrIct court under this section may appeal to the court of appeals as In other cIvll actions. F. NotWIthstanding the enforcement provIsIons of the Air QuaIlty Control Act of the State of New Hexlco and Section 11 Dof thls Drdlnance, any person who VIolates any of the provisIons ofthis JointAIr Quality Control Board Drdlnance, or any of the AIr QualIty Control Regulations adopted In accordance with thIs ordinance shall be deemed guilty ofa misdemeanor and upon conviction thereof, shall be punished by

a fine not exceeding three hundred dollars ($300) and/or ImprIsonment for

a period not to exceed ninety (90) days. Each day this Ordinance Is 

### violated shaJI be consideredaseparateoffense. Insofar as the Department Is the admInistrative agent In behalf of the JoInt Air Auallty Control Board, the Department Is hereby authorized to Issue citations for violations of this Ordinance pursuant to this subsectionon behalfofsaid Board. SECTION 12. InspectIon. 

### Any employee of the department or board, upon presentatIon ofproper departmentor board credentials:

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### A. shall have at reasonable times, arightofentry to, uponor through any premises 1n whIch an em1sslon source 15 located or In which

are located any records required to be maIntained by regulattons of the 

### board; B. may at reasonable times have access to and copy any records requiredtobeestablishedandmaIntaInedbyregulatIons ofthe board; and C. Inspect any monitorIng eqUipment or methods requIred to be Installedbyregulationoftheboard. SECTION 13. Additional meansofenforcement. As an additIonal means ofenforcing the AIrQuality Control Act, this Ordinance, any regulatIonofthe board, or anypermIt conditIon, the board may accept a written assurance of discontinuance of any act or practice 

### deemed In violatIon of the Air Quality Control Act, this Ordinance, any regulatIon adopted pursuant thereto, or any permit condition from any person engagIng In, orwhohas engaged In such actor practIce, sIgned and acknowledged, by the board, the department and the party affected. Any such assurance shall specifyatIme lImItdurIng which suchdiscontInuance ls 

### to be accomplished. So long as the party affected complies with the provisIons ofthe assurance ofdIscontInuance, It shall not be subject to the ImpositIon of any fines or penalties by the board or the department for the specifIc act or practice covered by the assurance of dIscontInuance. SECTION 14. DeclaratoryjudgementonregulatIons. In addition to any other remedy available, the validity or applicabIlity ofaregulatIon ofthe board may be determined In an action for adeclaratoryjudgement Inaccordancewith theAirQualityControl Act. SECTION 15. Notice. Upon request, copIes of the results of InvestigatIons shall be furnished to the County CommIssion or Mayor as approprIate, when enforcementaction Is contemplated. Before enforcement proceedings are cOOII'Iended to the d1strlct court, 

### advance written notIce thereofwill be given to the County CommIssion or Hayor, as appropriate.

17·

### Hrltten notIce of hearings on the adoptIon of regulations or emission control requlrements or amendment or repeal thereofwl11 be gIven to the Hayor and CountyCommIssion. 

### SECTION 16. SeverabIlity. If any part or application of this OrdInance Is 

### held InvalId, the remaInder or Its applIcation to other situatIons or persons shall not be affected. SECTION 17. Repeal ofPrevious Ordinances OrdInances Number84-44 and 87-10

### are hereby repealed and replaced by this OrdInance.

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### PASSED AND ADOPTED ON DECEMBER 27, 

### 1988. THESOARDOfCOUNTYCOMMISSIONERSOf THECOUNTYOf8ERNALILLO. NENMEXICO

Lento Halry. Cha1rman



### OrlandoVIgIl, VIce-ChaIrman

# ~~~ Schaefer, Member



### ATTEST: 

# Ld;nlbv

# ,M.w**~}** Gladys DavIs, County**Cler~**



### _ OrdInance shall become effective on the

### -fl!.l;!L day ofJ"arJ.UiltY, 1989

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