ADMINISTRATIVE

Codified Ordinances of Cleveland pt. TWO, tit. V, ch. 255

in effect

Codified Ordinances of Cleveland § 255.01 Air Pollution Personnel

§ 255.01 Air Pollution Personnel The Division of Air Pollution Control shall employ and qualify such personnel as are needed to insure the successful administration of this Code. Such personnel of the Division shall carry out the directions of the Commissioner in all matters, consistent with duties of their respective job descriptions, qualifications and assignments, relating to enforcement of this Code, including the signing of complaints and summons sought for violations, and shall aid and assist the Commissioner in the efficient discharge of his or her duties. No person employed in the Division shall be directly or indirectly interested in sales of service or goods or in any matter in conflict with his or her employment. (Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)

Codified Ordinances of Cleveland § 255.02 Duties of Commissioner

§ 255.02 Duties of Commissioner The Commissioner under the supervision and director of the Director of Public Health and Welfare shall: (a) Supervise the execution of all laws, rules and regulations pertaining to air pollution as provided in this Code; (b) Institute complaints against all violators of any provisions of this Code and institute necessary legal proceedings, either personally or through his or her representatives; (c) Issue, and have served upon violators, orders requiring the repair of equipment or abatement of conditions not in compliance with this Code; (d) Compel the prevention and abatement of air pollution or nuisances arising therefrom; (e) Examine and approve or disapprove the plans for the installation or modification of any air contaminant source or control equipment; (f) Make inspections and tests of existing and newly installed air contaminant sources or control equipment subject to this Code to determine whether such source or equipment complies with this Code; (g) Investigate complaints of violations of the provisions of this Code and make inspections and observations of air pollution conditions. Records shall be maintained of all such investigations, complaints, inspections and observations; (h) Administer the issuance of permits to operate, notices, waiver citations, permits to install, variances and other documents required under the provisions of this Code; (i) Prepare and place before the Director of Public Health and Welfare for his or her consideration proposals for additions or revisions to this Code or other rules and regulations pertaining to air pollution; (j) Encourage voluntary cooperation by persons or affected groups in the preservation and restoration of the purity of the outdoor atmosphere; (k) Collect and remit to appropriate City officials fees collected and permits to operate variances and examination of plans and permits to install; (l) Work with other City agencies and other organizations for the purpose of coordinating activities for the common municipal good; (m) Conduct tests and make studies of air contaminants whether or not controlled by specific limitations of this Code; (n) Do any and all acts which may be necessary for the successful prosecution of the purposes of this Code and such other acts as may be specifically enumerated herein; (o) Work with other agencies of the Federal and State governments for the purpose of the preservation and restoration of the purity of the outdoor atmosphere; (p) Notify the Mayor or the Governor of the State of Ohio whenever air pollution in the City or in any part of the City exceeds that safe levels or otherwise presents an imminent and substantial danger to the health or safety of persons in the area; (q) Examine and approve or disapprove the plans of any person seeking to operate fuel-burning, incinerator, process and control equipment in variance from the provisions of this Code; (r) Establish, maintain and operate air quality monitoring stations and other devices and methodologies designed to measure air pollution. (Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)

Codified Ordinances of Cleveland § 255.03 Appeals

§ 255.03 Appeals (a) Appeals of a person adversely affected by any order, requirement, decision or determination by the Commissioner shall be heard and decided by the Air Pollution Appeals Board. An appeal shall stay execution of the action appealed. The Appeals Board shall commence to hear the merits of an appeal within thirty (30) days after the filing of such appeal in the office of the Board. Thereafter, the Board shall hear the final arguments and shall reach a decision on such appeal without unreasonable or unnecessary delay. (b) A motion to dissolve a stay, resulting from an appeal, may be filed by the Commissioner with the Board. The Board shall commence to hear the merits of such motion within seven (7) days after the filing of such motion in the office of the Board. Thereafter, the Board shall hear the final arguments and shall reach a decision on such motion without unreasonable or unnecessary delay. (c) Appeals of any person, property owner, or member of the general public claiming an interest or whose ability to protect an interest may be impaired or impeded by any consent agreement or variance issued by the Commissioner, or by any new visible emission limitations established by the Commissioner, in accordance with the applicable provisions of this Code, shall be heard and decided by the Board. The Board shall commence to hear the merits of an appeal within thirty (30) days after the filing of such appeal in the office of Board. Thereafter, the Board shall hear the final arguments and shall reach a decision on such appeal without unreasonable or unnecessary delay. (d) Absent any prior hearing or order of the Board, any person, property owner or member of the general public shall be permitted by the Board to intervene in a matter before the Board when such intervention is timely and the person, property owner or member of the general public claims an interest relating to the matter and/or the person is so situated that the disposition of the matter by the Board may impair or impede his or her ability to protect an interest. For the purpose of this subsection, “timely” shall mean prior to the commencement of a hearing by the Board on the merits of a matter before the Board. (e) Any appeal from an order, requirement, decision or determination of the Commissioner shall be filed with the Board within thirty (30) days after receipt of notice of the action of the Commissioner. (f) Any appeal from a consent agreement or variance issued by the Commissioner or from new visible emission limitations established by the Commissioner shall be filed with the Board within thirty (30) days after date of publication of such consent agreement or variance by the Commissioner in the City Record. (g) The Commissioner shall be a party to all appeals brought under this Code and shall be required to file the record of the matter at issue with the Board within fourteen (14) days of the receipt of the notice of appeal. The record shall include facts and findings pertinent to the Commissioner’s decision. The Board may also require any other party or intervenor to file a summary of their position prior to the hearing. The Board shall give public notice of any hearing on an appeal in the City Record. (h) Any person affected by a decision of the Board may obtain judicial relief as provided by law. (Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)

Codified Ordinances of Cleveland § 255.04 Abatement Orders

§ 255.04 Abatement Orders (a) Whenever the Commissioner finds upon inspection that a violation of this Code or of rules and regulations promulgated thereunder has occurred, or will occur, he or she may issue a written order to the person owning, operating or in control of such source, requiring the abatement of all violations of this Code and the correction of any condition which may result in a violation of this Code. Should the person to whom such order is issued fail to act upon such order within the time limit set forth therein or within the time extension granted by the Commissioner, the Commissioner may revoke any existing permit to operate and/or seal such source for failure to comply with such order. (b) No person shall fail to comply with any order issued by the Commissioner in accordance with subsection (a) hereof, without prior written approval of the Commissioner. (Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)

Codified Ordinances of Cleveland § 255.05 Records to be Available for Public Inspection; Exception

§ 255.05 Records to be Available for Public Inspection; Exception (a) Any records, reports or information obtained under the applicable sections of this Code shall be available for public inspection, during regular business hours, except that upon showing to the satisfaction of the Commissioner by any person that such records, reports or information or any particular part thereof other than emission data, to which the Commissioner has access, if made public, would divulge methods or processes entitled to protection as trade secrets of such person, the Commissioner shall consider such record, report or information or particular portion thereof confidential, except that such record, report or information may be disclosed when necessary to sustain an action brought pursuant to the applicable sections of this code on emission limitations or during a denial or revocation of a permit to install, modify or operate or conditional permit to operate or variance. (b) Nothing in subsection (a) hereof shall be construed to prevent the Commissioner from compiling or publishing analyses or summaries relating to the general condition of the atmosphere, provided that such reports do not reveal any information otherwise confidential under this section. (Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)

Codified Ordinances of Cleveland § 255.06 Authority to Enter into Consent Agreement

§ 255.06 Authority to Enter into Consent Agreement (a) Whenever any source or source operation is found to be in violation of the provisions of this Code and the Commissioner determines that compliance with the emission limitations, as established in the applicable sections of this Code, necessitates the installation of control equipment of complex design, or operational change of a complex nature, involving technological ingenuity or advances of considerable magnitude, the Commissioner may upon the approval of the Director of the Department of Public Health and Welfare, modify any of the emission limitations, as established in this Code, and enter into a consent agreement with the person owning, operating or in charge of such source or source operation to bring about compliance with the emission limitations or such modifications thereto, at the earliest possible date, based upon technical feasibility and economical reasonableness and their relation to the benefits to the people of the State to be derived from such compliance. The Commissioner may also enter into a consent agreement with the person owning, operating or in charge of any source or source operation to bring about compliance with the emission limitations, as established in the applicable sections of this Code, in lieu of issuing an abatement order. (b) No person entering into such a consent agreement with the Commissioner shall fail to comply with the terms and conditions of the consent agreement without prior written approval of the Commissioner. (c) The Commissioner shall give public notice of any consent agreement entered into with any person owning, operating or in charge of any source operation. Public notice shall consist of publication in the City Record and a daily newspaper of general circulation in the metropolitan area. (Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)

Codified Ordinances of Cleveland § 255.07 Rules and Regulations

§ 255.07 Rules and Regulations (a) The Commissioner under the supervision and direction of the Director of Public Health and Welfare, may adopt, amend or alter written rules and regulations of this Code. Such rules and regulations shall neither conflict with nor waive any provision of this Code nor any other section of the Codified Ordinances. (b) General notice of proposed rules and regulations shall be published in the City Record, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include: (1) A statement of the time, place and nature of public proceedings; (2) Reference to the legal authority under which rule is proposed; and (3) Either the terms or substance of the proposed rule or a description of the subjects and issues involved. (c) After notice required by this section, the Commissioner shall give interested persons, within a reasonable time period to be determined by the Commissioner, an opportunity to participate through submission of written data, views, or arguments with or without opportunity for oral presentation. After consideration of the relevant matter presented, the Commissioner shall incorporate in the rules adopted a concise general statement of their basis and purpose. (d) Upon adoption, pursuant to the procedure set forth in subsections (b) and (c) hereof, rules or regulations and amendments thereto and alterations thereof shall become effective after two (2) successive publications in the City Record. (e) Any interested person may petition the Commissioner for the issuance, amendment or repeal of a rule or regulation. (f) Violation of rules or regulations of the Commissioner shall not constitute the basis for criminal prosecutions; provided, however, that an administrative order of the Commissioner based on such rules and regulations shall be enforceable in accordance with the provisions of this Code, whether administrative or criminal in nature. (Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-10576Fetched: 11/1/2026