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SECTION 16

- OPERATING PERMITS

16.1 The Control Officer shall issue an Operating Permit to any existing fng+e—,oeree— emission unitwithin
a stationary sourcewhich is operated in compliance with these and all applicable State and Federal Regulations. 16.2 No person shall cause, suffer, or allowtheoperation ofany source ofair contaminant requiring a Registra tion Certificate unless an Operating Permit (s) have been issued by the Control Officer, and such permit is current and valid. 16.3 The Operating Permit foraiis4nge—goerce— emission unitmaybe issued only after application is madeon forms provided by the Control Officer andwill require
an annual fee a listed in Section 18 ofthese Regula tions. 16.4 The Control Officermay issue an Operating Permiton a conditional basis, to any new s+rg+e—etree— emission unit requiring some reasonable time for initial testing,
or to any existing sourcewhich is not in compliancewith applicable emission limitations, butwhich has had a compliance schedule or variance approved by the Hearing Board. 16.5 The Control Officermay issue an Operating Permitwith conditions, agreed upon in writing by the applicant, that specify emission limits, production rates, control methods, etc. Theseconditions may also limit the hours orperiods of operations. 16.5.1 Violation ofthe conditions ofthe permit shall constitute

a violation ofthis section. 16.5.2 The operating permit conditions fornewormodified stationary sources comencing construction after May 1, 1981 shall include a description ofadditional control measures the operatorwill undertake as necessary ifa nearbymonitoring station indicates that an applicable ambient air quality standardor increment has been exceeded. 16.5.3 The control measures shall be takenwithin 24 hours ofnotification to the operatorby the Control Officer. 16.5.4 The Control Officer shall consider thepossible effects ofemissions fromothernearby or Influential sources prior to notifying the operator. 16.6 No person shall willfully deface, alter, forge, counter feit, or falsify a permit to operate any article, machine, equipment, process, or othercontrivance.

### 16.7 A—Regtretferrêert+€4cete-end—An Operating Permit for an emission unit a—nge-onrce—shall not be transferable by operation of lawor otherwise, fromone location to another, nor fr’omone piece of equipment or process to another, but itmay be transferred fromone person to another upon payment ofthe required fee, and approval by the Control Officer. 16.8 Operating permits for rg4e—orces- an emission unit are subject to revocation or suspension for violation of these Regulations. Upon a determination by the Control Officer that a permittee is In violation ofthese Regulations, the Control Officermay serve upon the permittee at the address given on the Registration Certificate, through personal service or by certifiedmail, a Notice ofSuspension or Revocation of Operating Permit, setting forth in detail the violations charged. Such suspension or revocation shall become final and effective ten (10) days after service of thewritten notice, and the Operating Permit thereupon surrendered to the Control Officer, unless the permittee files with the Hearing Board, In writing, within ten (10) days after service ofthe Notice ofSuspension or Revoca tion, an appeal from such action of the Control Officer. The filing of such appeal shall stay the suspension or re— vocation ofthe permit pending a decision thereon by the Hearing Board. The Hearing Board shall meet to decide the appeal no later than thirty (30) days after the filing of the permittee’s appeal, and afterpublic hearing on said appeal, affording the permittee and the Control Officer full oppor tunity to present evidence and testimonymay affirm, modify or set aside the action taken by the Control Officer. For this purpose, public notice of less than thirty (30.) days may be given of such appeal hearing. 169 If the Operating Permit is cancelled, suspended, or revoked, any fee paid shall be forfeit. 

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