Administration and Enforcement

Metropolitan Code of Nashville and Davidson County tit. 10, div. I, ch. 10.56, art. I

in effect

Metropolitan Code of Nashville and Davidson County § 10.56.020 Construction permits.

10.56.020 - Construction permits. A. 1. It is unlawful for any person to install, erect, construct, reconstruct, alter, or add to, or cause to be installed, erected, constructed, reconstructed, altered or added to, any fuel-burning equipment, incinerator, process equipment, control device, or any equipment pertaining thereto, or any stack or chimney connected therewith, or to make or cause to be made any alteration or repairs which increases the amount of any air contaminant emitted by such source or which results in the emission of any air contaminant not previously emitted until application for a construction permit has been filed with the metropolitan health department and plans and specifications applicable to the work have been submitted to the director and a construction permit issued by him for such construction, installations, alterations or repairs. Applications for a construction permit shall be filed in duplicate in the offices of the director on forms adopted by the director and supplied by the metropolitan health department along with a copy of plans and specifications. The director shall not grant a construction permit to any source which does not comply with the provisions of the New Source Review Regulations as adopted by the board. If the director determines, on the basis of information available to him, that such source does, or in all likelihood will, operate in violation of this chapter, or that the source will operate so as to prevent attainment or maintenance of any national ambient air quality standard, he shall either impose conditions on the face of the construction permit that in his opinion will promote compliance with this chapter, and/or attainment and maintenance of any national ambient air quality standard, or he shall deny the application for the construction permit. At the request of the director, the applicant shall provide information necessary for the director to make the determination of whether the source does, or in all likelihood will, operate in violation of this chapter, or whether the source will operate so as to prevent attainment or maintenance of any national ambient air quality standard. For a major source, such information required may include a source impact analysis and air quality analysis as set out in regulations adopted by the board. This section shall not apply to fuel-burning equipment used exclusively for heating less than three dwelling units, or to gas, or fuel oil equipment of five hundred thousand BTU input or less or to internal combustion engines. 2. In addition to any other remedies available on account of the issuance of an order prohibiting construction, installation, or establishment of any fuel-burning equipment, incinerator, process equipment, or control devices, and prior to invoking any such remedies, the person aggrieved thereby shall, upon request in accordance with the provisions of this chapter and the rules and regulations adopted by the board be entitled to a hearing. Such hearing shall be conducted pursuant to the contested cases provisions of the Uniform Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5, Part 3 (T.C.A. § 4-5-301 et seq.). 3. The absence or failure to issue a rule, regulation or order pursuant to this section shall not relieve any person from compliance with any emission control requirements or with any other provision of law. B. Maintenance or repairs or alterations which are minor in scope or do not change the capacity of any fuel-burning equipment, incinerator, process equipment and which do not involve any change in the method of combustion or materially affect the emission of smoke, dust, gases, fumes, or other air contaminants therefrom may be made without placing an application for construction permit with the metropolitan health department. Emergency repairs may be made prior to the applications in the event an emergency arises and serious consequences would result if the repair were to be deferred. When such repair is made in an emergency, the application as required by this section shall be filed in the office of the director within ten days after the start of such work. C. The plans and specifications, submitted pursuant to this section, concerning any fuel-burning equipment, incinerator or process equipment shall show the type, form and dimensions of all equipment and appurtenances thereto and stacks and ducts, together with the description and dimensions of the building or part thereof in which such equipment is to be located, the amount of work or the amount of heating to be done by such equipment and all provisions for securing complete combustion of the fuel or refuse and for reducing or controlling emission of air contaminants. Such plans and specifications shall also show the character of the fuel or refuse to be burned or process material, the maximum quantity to be burned per hour, and the operation requirements of the equipment. The plans and specifications shall show that the room or premises in which fuel-burning equipment or incinerator is to be located is provided with adequate ventilation to provide sufficient air for the combustion process and for the safety of people. D. The plans and specifications submitted pursuant to this section shall be prepared under the direction of, or approved by and bear the seal of, a professional engineer registered in this state or be a graduate of an accredited engineering school and experienced in his field of endeavor. E. The requirement for filing plans and specifications involving the installation, erection, construction, reconstruction, alteration, or repair of or addition to, any fuel-burning equipment, incinerator, process equipment, or the building of pilot plants or processes to be used in or to become part of a secret process is suspended upon the filing with the metropolitan health department, in lieu of the filing of plans and specifications, of an affidavit of a responsible person to the effect that such equipment or process is to be so used. Such person may be required by the board to furnish bond or other proof of financial responsibility. The suspension of the filing of such plans and specifications shall in no way relieve the person or persons responsible for the secret process from complying with all other provisions of this chapter. F. If the installation, erection, construction, reconstruction, alteration, addition or repair is not started within one year of the date of issuance of a construction permit or any extended period granted in writing by the director, the construction permit shall become void. G. Any equipment covered by this section which is installed, erected, constructed, reconstructed or altered without making application for a construction permit to the department of health and receiving this permit as provided herein may be sealed by the director with the approval of the board, the seal to remain in effect until all provisions of this chapter have been complied with. This remedy is not deemed to be the exclusive remedy. H. No new source shall be granted a construction permit unless the new source complies with the Metropolitan Zoning Code for the use of the property on which the new source is to be constructed. For purposes of legal nonconforming uses, in accordance with Tenn. Code Ann. § 13-7-208, this requirement shall not apply. The receipt of a construction permit from the metropolitan health department shall not be construed to indicate approval of the strength or safety of any equipment or to indicate compliance with the requirements of the Building Code of Metropolitan Nashville and Davidson County or any other ordinance thereof. Neither shall it relieve anyone from the responsibility to comply fully with the applicable provisions of this Code, nor any other requirement(s) imposed by statute, rule or regulation of the Metropolitan Government of Nashville and Davidson County, Tennessee, the State of Tennessee or the United States Government. I. New and modified sources having obtained a valid construction permit in accordance with this section may operate under the construction permit for the period of time specified within the permit which shall not exceed one hundred eighty days provided that the director is notified of the date of start-up. Such notification must be submitted in writing within five working days of the date of start-up of the new or modified source. J. Results of any compliance testing required as a condition of a construction permit must be conducted in accordance with Section 10.56.290, Measurement of Emissions, and Section 10.56.300, Testing Procedures, of this chapter and the test results submitted to the director within the time period specified on the permit. Failure to demonstrate compliance with the allowable emission standards or any other condition shown on the construction permit shall constitute sufficient grounds for the director to require changes in the installation before an operating permit can be granted. Responsibility for demonstrating proof of compliance including all expenses incurred in conducting the required compliance tests shall be borne by the owner or operator of the affected facility. K. The director or his authorized representative shall have the right to enter the premises to observe any compliance tests and to inspect the installation and operation of any equipment for which a construction permit was issued. L. Any application for a construction permit for a major source received by the director is subject to objection and comment by the Administrator under the provisions of 42 U.S.C. §7661 d., as amended. Therefore, no permit shall be final until the time for objection by the Administrator has expired. M. Any failure to act or inaction by the director within eighteen months after receipt of a complete application for a construction permit may considered final action for the purpose of any appeal to the Davidson County Chancery Court under Tennessee Code Annotated §27-8-101, et seq., and Tennessee Code Annotated §27-9-101, et seq. N. The director shall, on a monthly basis, notify the public, by advertisement in a newspaper or newspapers of general circulation within the metropolitan government area, of the applicants seeking to obtain a permit to construct or modify an air pollution source. This notice shall specify the location of the proposed source of modification, the type of source or modification, and shall provide the opportunity for public comments. The public shall have thirty days from the date of advertisement to submit written comments to the director. (Ord. BL2016-234 §§ 1, 2, 2016; Ord. 94-1161 § 2, 1994; Ord. 93-790 § 2, 1993; prior code § 4-1-16(a))

Metropolitan Code of Nashville and Davidson County § 10.56.040 Operating permit.

10.56.040 - Operating permit. A. After the construction permit has been issued and it is demonstrated to the satisfaction of the director that the fuel-burning equipment, incinerator, process equipment, control device or any equipment pertaining thereto can be operated in compliance with this chapter, an application for an operating permit shall be filed in duplicate in the office of the director on forms adopted by the director and supplied by the metropolitan health department. If the director determines that the source does or will operate in violation of this chapter, or if the source will operate so as to prevent attainment or maintenance of any lawful national ambient air quality standard, he shall either impose conditions on the face of the operating permit that, in his opinion, will promote compliance with this chapter, or he shall deny the application for an operating permit. The operating permit shall be kept posted on or near the installation for which it was issued. The operating permit shall properly identify the equipment to which it pertains and shall specify the class of fuel and/or type of raw material used, for which the equipment and appurtenances have been designed or which has been successfully used in the operating test. The owner or his agent shall be responsible for notifying the director that equipment for which a construction permit has been issued, has been tested and is ready for permanent operation. With such notification, the owner shall submit to the director test and operation data, as required by the director, as evidence that the equipment will operate in compliance with all provisions of this chapter. The director, with the approval of the board, is authorized to seal the equipment in operation for which an operating permit has not been obtained, as required by this section. B. The operating permit shall be issued for a one-year period or for such longer period as the director may designate but not to exceed five years. Applications for renewal of the operating permit shall be made in writing upon forms furnished by the metropolitan health department and shall be made not less than sixty days prior to expiration of the certificate for which renewal is sought except as otherwise provided in the metropolitan health department, pollution control division's regulation No. 13, "Part 70—Operating Permit Program." Disclosures of information, tests and other prerequisites to the issue of a construction permit, temporary operating permit, or operating permit may be required by the director prior to the renewal of an operating permit. C. Any person operating a source constructed on or before the effective date of this chapter shall file an application for an operating permit. An application for an operating permit shall be filed in duplicate in the office of the director on forms furnished by the metropolitan health department. D. In addition to the requirements of this section, the metropolitan board of health, by regulation duly adopted in accordance with Section 10.56.090 of this chapter, may specify additional permitting requirements. E. Any application for an operating permit for a major source received by the director is subject to objection and comment by the administrator under the provisions of 42 U.S.C. §7661 d., as amended. Therefore no permit can be final until the statutory time for objection by the Administrator has expired. F. Any major source may opt out of the provisions of the metropolitan health department, pollution control division's Regulation No. 13, "Part 70 Operating Permit Program," by limiting their potential to emit such that they are below the applicable threshold. In order to exercise this option, the following provisions must be met: 1. The source must agree in writing to be bound by a permit which specifies the more restrictive limit and to be subject to detailed monitoring, reporting and recordkeeping requirements that prove the source is in compliance with the applicable permit. 2. The permit limitations, controls, and other requirements imposed by the permits will be at least as stringent as any other applicable limitations and requirements contained in the State Implementation Plan enforceable under the State Implementation Plan. 3. The permit limitations, controls, and other requirements imposed by the permit shall be permanent, quantifiable, and enforceable. If the source decides to increase its potential to emit, the source must meet the requirements of Section 10.56.020. 4. A public notice and opportunity for public comments on any application seeking a permit with limited potential to emit shall be given in a newspaper or newspapers of general circulation within the metropolitan government area. The public shall have thirty days from the date of notice to submit written comments. 5. The director shall provide to the Administrator a copy of each draft and final permit. The draft permit must be submitted to the Administrator prior to the public notice as outlined in subsection (F)(4) of this section. The final permit shall be submitted to the Administrator within thirty days of issuance. G. Any failure to act or any inaction by the director within eighteen months after receipt of a complete application for an operating permit may be considered final action for the purpose of any appeal to Davidson County Chancery Court under Tennessee Code Annotated § 27-9-101, et seq., or Tennessee Code Annotated § 4-5-322. (Ord. 95-84 § 2, 1995; Ord. 94-1161 § 3, 1994; Ord. 93-790 § 4, 1993; prior code § 4-1-16(c))

Metropolitan Code of Nashville and Davidson County § 10.56.050 Exemptions.

10.56.050 - Exemptions. A. The following sources are exempt from the provisions of this chapter unless otherwise specified by the director: 1. Fuel burning equipment used exclusively for heating less than three dwelling units; 2. Natural gas or fuel oil burning equipment of less than five hundred thousand Btu input per hour. This exemption shall not apply when the total capacity of such equipment operated by one person exceeds 2.0 million Btu input per hour; 3. Any process emission source emitting less than 0.1 pounds per hour of nonhazardous particulate matter; 4. Equipment used on farms for soil preparation, tending or harvesting of crops, or for preparation of feed to be used on the farm when prepared; 5. Residential barbecue pits and cookers; 6. Wood smoking operations used to cure tobacco in barns; and 7. Mobile sources, such as automobiles, trucks, busses, locomotives, airplanes and boats. B. Notwithstanding the exemptions granted in Paragraph A of this section, no person shall discharge, from any source whatsoever, such quantities of air contaminants or other materials which cause or have a tendency to cause, injury, detriment, annoyance, or adverse effect to the public. C. The sources listed below are exempt from the permitting requirements of Sections 10.56.020 and 10.56.040 of this chapter unless specifically required to do so by the director. However, the emissions from these sources shall comply with the remaining provisions of this chapter and with any applicable regulation adopted by the metropolitan board of health in accordance with the provisions of Section 10.56.090 of this chapter. 1. Fuel burning equipment that is fired with liquid petroleum gas, natural gas, or No. 2 fuel oil with a heat input of less than 10 million Btu per hour where the combined total heat input rate at the facility does not exceed 20 million Btu per hour. This exemption does not apply to gas-fired turbines; 2. Equipment used exclusively to store or hold dry natural gas or liquid petroleum gas; 3. Laboratory equipment used exclusively for chemical and physical analysis, including ventilating and exhaust systems for laboratory hoods used for air contaminants other than carcinogenic or radioactive air pollutants; 4. Brazing, soldering, or welding equipment, except those which emit lead or use lead compounds; 5. Repairs or maintenance of a source regulated by an emission standard provided that no structural changes are involved such as replacement or installation of any new process, fuel burning, incineration or air pollution control equipment; 6. Alkaline/phosphate washers and associated gas-fired burners, provided that no volatile organic compounds are present in the phosphatizing or wash solutions; 7. All gas or No. 2 fuel-oil-fired infrared, or electric ovens which have no emissions other than products of fuel combustion except for those regulated by Regulation No. 5, Standards of Performance for new Stationary Sources, or have a heat rate input of more than 10 million Btu per hour; 8. Surface coating operations which do not exceed a combined total usage of more than forty-five gallons per month of coatings, thinners and cleanup solvents at one location; 9. Any process emitting less than 0.1 pounds per hour of any nonhazardous air pollutant except for those regulated by Regulation No. 5, Standards of Performance for New Stationary Sources; and 10. Tank trucks and barges. D. Notwithstanding any exemption granted in this section because of size or production rate, an exempted source must be listed in the application for a permit to be issued in accordance with Regulation No. 13, Part 70 Operating Permit Program. E. The exemptions in this section shall not apply: 1. To any source regulated under Section 111 or 112 of the Act; or 2. To any of the following hazardous air pollutants: 2-Acetylaminofluorene Acrolein Acrylamide Acrylic acid Acrylonitrile Arsenic compounds Benzidine Beryllium compounds Bis (chloromethyl) ether 1, 3-Butadine Cadmium compounds Chlordane 2-Chloroacetophenone Chromium compounds Chloromethyl methyl ether Coke oven emissions Diazomethane Dibenzofuran 1, 2-Dibromo-3-chloropropane Dichloroethyl ether (Bis (2-Chloroethyl) ether) Dimethylcarbamoyl chloride 1, 2-Diphenylhydrazine Ethylen dibromide Ethylenimine (Aziridine) Ethylene oxide Heptachlor Hexachlorobenzene Hexachlorocyclopentadiene Hydrazine Manganese compounds Mercury compounds Methylene Diphenyl diisocyanate (MDI) Methyl hydrazine Methyl isocyanate Nickel compounds N-Nitrosodimethylamine N-Nitroso-n-methylurea Parathion Phosgene Phosphine Phosphorus 1, 2-proplenimine 2, 3, 7, 8-Tetrachlorodibenzo-p-dioxin Toxophene (Chlorinated camphene) Vinyl chloride F. Notwithstanding any exemption in this Section, any application submitted in accordance with Section 10.56.020 and Section 10.56.040 of this chapter shall include all emission sources and quantify emissions if needed to determine major source status, to determine compliance with an applicable requirement, and/or the applicability of any applicable requirement such as NSPS, NESHAPS, or MACT standards, etc., or in calculation of permit fees in accordance with Section 10.56.080. (Ord. 95-84 § 3, 1995; Ord. 93-790 § 5, 1993)

Metropolitan Code of Nashville and Davidson County § 10.56.060 Transferability of permit.

10.56.060 - Transferability of permit. Any permit issued in accordance with the provisions of this chapter is not transferable from one person to another person nor from one facility to another facility without prior approval from the director. (Prior code § 4-1-16(d))

Metropolitan Code of Nashville and Davidson County § 10.56.070 Suspension or revocation of permit.

10.56.070 - Suspension or revocation of permit. The director may suspend or revoke either a construction or an operating permit if the permit holder fails to comply with the provisions, stipulations or compliance schedule provided in the permit. (Prior code § 4-1-16(e))

Metropolitan Code of Nashville and Davidson County § 10.56.080 Permit and annual emission fees.

10.56.080 - Permit and annual emission fees. A. The metropolitan board of health by rule or regulation may prescribe and provide for the payment and collection of reasonable fees for the issuance of all permits as specified in Sections 10.56.020 through 10.56.070. The fee schedule shall be sufficient to cover all reasonable (direct and indirect) costs required to administer the permit program of this chapter. All fees collected by virtue of this chapter shall be deposited regularly with the metropolitan treasurer in a separate revenue account and shall be used to fund the operation of the air pollution division of the metropolitan health department. B. Regulated pollutants for determining emission fees shall mean the annual permitted allowable emissions up to four thousand tons per regulated pollutant, as defined by subsection C of this section, of each of the following pollutants: 1. Volatile Organic Compounds; 2. Any pollutant regulated under Section 111 or 112 of the Clean Air Act as amended; 3. Any pollutant for which a national primary ambient air quality standard has been promulgated, except carbon monoxide; and 4. Nitrogen oxides. C. Permitted allowable emissions for determining permit fees shall mean the emission rate of a source calculated at full design capacity operating eight thousand seven hundred sixty hours per year or an allowable emission rate specified in a legally enforceable permit condition. D. Construction Permit. 1. Any person making application to the metropolitan health department for a construction permit in accordance with the provisions of Section 10.56.020 shall pay an initial filing fee of twenty-five dollars per ton for the potential emissions or the source's proposed permitted annual allowable emissions of each regulated pollutant or one hundred dollars, whichever is greater. This filing fee shall not be refunded if a permit is denied or if the application is withdrawn, nor shall it be applied to any subsequent application. 2. All fees shall be included with the permit application. Fees shall be paid by check made payable to the metropolitan department of health. 3. Any person constructing a source without a construction permit in addition to the above initial filing fee shall pay a penalty of fifty percent of the initial filing fee amount, plus interest on the fee amount computed in accordance with Section 6621(a)(2) of a the Internal Revenue Code of 1986. E. Operating Permit and Annual Emission Fee. 1. Any person making application to the metropolitan health department for an operating permit in accordance with the provisions of Section 10.56.040 shall pay the applicable fee in accordance with the following schedule: a. Asbestos demolition/renovation removal permits, one hundred dollars; b. Air curtain destructor permits, one hundred dollars; c. Any owner or operator of any other source required to have an operating permit in accordance with the provisions of Section 10.56.040 must pay an annual emission fee of twenty-five dollars per ton, as adjusted pursuant to the criteria set forth in subsection (E)(1)(e) below of permitted allowable emissions of each regulated pollutant as defined in subsection B of this section, or one hundred dollars, whichever is greater; d. The annual emission fee shall be calculated as the sum of permitted allowable emissions of all regulated pollutants, except for carbon monoxide, at a source; e. The twenty-five dollars per ton per year used to calculate the annual emission fee shall be adjusted each year by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for calendar year 1989. The Consumer Price Index for any calendar year is the average of the Consumer Price Index for all urban consumers published by the United States Department of Labor, as of the close of the twelve-month period ending on August 31st of each calendar year. The revision of the Consumer Price Index which is most consistent with the Consumer Price Index for the calendar year 1989 shall be used; f. The annual emission fee is due and payable to the metropolitan department of health in full by March 31st of the year following the year the emissions occurred. Any source failing to pay the annual emission fee by March 31st shall pay in addition a penalty of fifty percent of the annual emissions fee, plus interest on the fee amount as computed by the director in accordance with Section 6621(a)(2) of the Internal Revenue Code of 1986; g. The appropriate annual emission fee for a new source that has not been in operation a full calendar year shall be determined by the following equation: Number of months in operation 12 | × | Annual emission fee based on permitted allowable emission = | Emission fee h. A source owner or operator of the opinion that their annual emission fee is improper or incorrect may request a meeting with the director to discuss the annual emission fee assessment. This must be requested in writing at least thirty days prior to the due date of the annual emission fee. This meeting will be for the purpose of explaining to the source owner or operator the computation methods used to determine the annual emission fee and to provide the source an opportunity to explain why the assessment is incorrect. At this meeting, the source may restructure its fee liability through a reduction in permitted allowable emission rates. Any owner or operator who disagrees with the calculation or the applicability of the fee may petition the board for a hearing. F. Permit Modification. Any person making application to the metropolitan health department for the modification of a permit shall be subject to the fee outlined in subsection (D)(1) of this section. No fee is required for modification of a permit to correct clerical, typographical or calculation errors. G. No permit will be issued or modified until the appropriate filing fee has been received by the department. (Ord. 96-584 § 2, 1996; Ord. 95-84 § 4(a), (b), 1995; Ord. 94-1162 § 1, 1994; Amdt. 1 to Ord. 93-790, 9/21/93; Ord. 93-790 § 6, 1993)

Metropolitan Code of Nashville and Davidson County § 10.56.090 Board—Powers and duties.

10.56.090 - Board—Powers and duties. A. 1. There is imposed upon the board in addition to those functions and duties set forth in Article 10, Chapter 1, of the Charter of the metropolitan government, the authority, power and duty to adopt, promulgate and enforce such rules and regulations to carry out the provisions of this chapter which the board deems necessary in order to achieve and maintain such levels of air quality as will protect human health and safety and to the greatest degree practical, prevent injury to plant life and property, foster the comfort and convenience of the inhabitants of the metropolitan government area and promote the economic and social development of the metropolitan government area; provided, that such rules and regulations shall not conflict with any laws of the state, the Charter of the metropolitan government or any ordinance of the metropolitan government, nor shall such rules and regulations exceed the limits of authority granted to the board in this chapter. 2. The director shall recommend to the board such rules and regulations as he considers necessary consistent with the general intent and purpose of this chapter to prevent, abate and control air pollution. Thereupon, the board shall fix and hold a public hearing, as provided herein, with respect to the rules or their amendments, and the board may approve or reject such recommended rules or amendments, in whole or in part, or it may modify and approve them as so modified. Thereafter, the board may amend or add to the rules and regulations, on recommendation of the director, or on its own initiative, but only after a public hearing on the proposed amendments. 3. Such rules and regulations or any amendments thereto shall be approved by the director of law as to legality, and the same shall then be filed with the secretary of the board and the metropolitan clerk. After such rules and regulations or any amendments thereto of the board have been so adopted in the manner herein provided, such rules and regulations shall have the force and effect of law. B. In exercising its powers to prevent, abate and control air pollution, the board shall have the following powers and duties: 1. Develop and prepare a general comprehensive plan for the prevention, control and abatement of air pollution recognizing varying requirements for different areas of the metropolitan government; 2. Establish, modify or amend, after public hearing, a system of permits applicable to installation or modification of facilities capable of becoming a source of air pollution; 3. Establish, modify or amend, without hearing, rules and regulations with respect to procedural aspects of: a. Hearings, b. Filing of reports and orders, c. Issuance of permits, and d. All other matters not specifically requiring a hearing; 4. Require that any person whom the board has reason to believe is or may be about to be causing or contributing to air pollution to furnish the board pertinent information required by it in the discharge of its duties under this chapter; provided, that no such person shall be required to disclose any secret formulas, processes or methods used in any manufacturing operation carried on by him or under his direction; 5. Cause to be instituted in a court of competent jurisdiction, legal proceedings to compel compliance with any provision of this chapter or with any order or determination issued by the board; 6. Collect and disseminate information relative to air pollution, encourage voluntary cooperation of affected persons or groups in preserving and restoring a reasonable degree of air purity and advise, consult and cooperate with other agencies, persons or groups in matters pertaining to air pollution; 7. Prescribe and provide, at its discretion, for payment and collection of reasonable fees for the review of plans and specifications required to be submitted pursuant to this chapter. Such fees shall be deposited with the metropolitan treasurer and shall be used to supplement the budget of the metropolitan health department; 8. Adopt, promulgate and enforce such other rules and regulations which the board deems necessary to carry out the provisions of this chapter; provided, that nothing in this chapter shall be deemed to grant the board any jurisdiction or authority with respect to air pollution existing solely within commercial or industrial plants, works or shops or to affect the relationship between employers and employees with respect to or arising out of any condition of air pollution, so long as such internal pollution does not affect the ambient air outside the plant, works or shops. C. In addition to any other power granted to it by this chapter, the board is granted the authority to assess a civil penalty in an amount not to exceed the sum of twenty-five thousand dollars per day for each day of violation against any person in violation of this chapter or of any regulation adopted pursuant to this section. 1. The assessment of a civil penalty shall be made by the director against any person determined to be in violation of this chapter or of any regulation adopted by the board pursuant to this section. Notice of such assessment shall be provided by certified mail, return receipt requested. 2. Any person against whom an assessment is made by the director may appeal to the board by filing a request with the director for review by the board. Request for review by the board must be made in writing and filed within thirty days of the receipt of the assessment and shall state with particularity the grounds for the appeal. Any such appeal shall stay the effect of the assessment. 3. Failure to appeal the assessment within thirty days shall be a waiver of the right to appeal and be deemed as consent to the assessment which shall become final upon approval by the board. 4. Any assessment of a civil penalty appealed to the board shall be heard pursuant to the provisions of the contested cases provisions of the Uniform Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5, Part 3 (T.C.A. § 4-5-301 et seq.). The assessment of civil penalty shall be upheld unless the preponderance of the evidence shows that the assessment was unlawfully levied or unreasonably severe. 5. No assessment of civil penalty, whether brought to the board by appeal or for confirmation by the director, shall be final until such assessment is approved by the board at any regular meeting or duly called special meeting. The board may alter or modify the terms of any civil penalty, but any increase in the amount of civil penalty or which otherwise imposes a greater burden upon the person against whom the penalty is assessed shall not become final until such person receives written notice thereof and is provided the right to petition the board for modification of such assessment in the same manner as an appeal from assessment of civil penalty by the director. 6. The director may enter into consent decrees with any person in violation of this chapter or of any regulation adopted pursuant to this chapter, and, after approval by the board shall have the same effect and be enforceable in the same manner as a civil penalty. 7. The board may cause an action to be filed with the chancery court for Davidson County for judgment to enforce any final assessment of civil penalty or consent decree and for any execution of any judgment so obtained. 8. In assessing a civil penalty, the director and the board may consider all factors listed in Section 10.56.100, and may include any expenses and actual damages incurred by the metropolitan government in investigating, removing, correcting or cleanup of the effects of the violation, including loss or destruction of plant or animal life. (Ord. 94-1161 § 4, 1994; Ord. 89-814 § 1, 1989; prior code § 4-1-19)

Metropolitan Code of Nashville and Davidson County § 10.56.100 Board—Consideration of facts and circumstances.

10.56.100 - Board—Consideration of facts and circumstances. In the exercise of its powers to prevent, abate and control air pollution, the board shall give due consideration to such pertinent facts and circumstances, including, but not limited to: A. The character and degree of injury to, or interference with, the protection of the health, general welfare and physical property of the residents of the metropolitan government area; B. The social and economic value of the air pollutants source; C. The degree of detrimental effect of the air pollutants upon the achievement of the national ambient air quality standard for such pollutant; D. The technical practicability and economic reasonableness of reducing or eliminating the emission of such air pollutants; E. The suitability or unsuitability of the air pollution source to the area in which it is located; F. The economic benefit gained by the air pollutants source through any failure to comply with the provisions of this chapter and regulations adopted pursuant to this chapter. (Ord. 89-814 § 2, 1989; prior code § 4-1-20)

Metropolitan Code of Nashville and Davidson County § 10.56.110 Rules and regulations—Hearings procedure.

10.56.110 - Rules and regulations—Hearings procedure. A. No standard, rule or regulation shall be adopted by the board pursuant to Section 10.56.090, and no amendment, repeal or modification thereof, shall take effect except after a public hearing has been held regarding the matter in question. At the discretion of the board, the hearing may be conducted before the board or a hearing officer, as defined under the Uniform Administrative Procedures Act, Tennessee Code Annotated, Section 4-5-301, designated by the board for such purpose. B. Hearings shall be conducted in the following manner: 1. A public notice of any and all public hearings pursuant to this chapter shall be given at least thirty days prior to the scheduled date of the hearing by public advertisement on three consecutive days in a newspaper or newspapers of general circulation within the metropolitan government area, giving the date, time, place and purpose of such hearing. 2. At such hearings, opportunity to be heard with respect to the subject thereof shall be given to any interested person. Any interested persons, whether or not heard, may submit, in writing, a statement of their views on the proposed rules and regulations prior to or within seven days subsequent to such hearings. 3. No rule or regulation of the board, or any amendment, repeal or modification thereof, shall be deemed adopted or in force and effect until it shall have been approved, in writing, by at least the majority of the members to which the board is entitled and the same shall have been approved by the director of law as to its legality and a certified copy thereof has been filed with the metropolitan clerk. 4. Any person heard or represented at such hearing or requesting notice shall be given, without charge, written notice of the action of the board with respect to the subject thereof. A reasonable record shall be made and maintained of any such public hearing and the testimony at such hearing may or may not be under oath, at the discretion of the board. Copies of the proceedings at the public hearing shall be made available only upon the payment of the fee therefor, which fee shall be set by the board of health. (Ord. 94-1161 § 5, 1994; prior code § 4-1-21)

Metropolitan Code of Nashville and Davidson County § 10.56.120 Complaint notice—Hearings procedure.

10.56.120 - Complaint notice—Hearings procedure. A. In addition to the other remedies available, the director is authorized to file with the board a complaint of an alleged violation, and the board may cause to have issued and served upon the person complained against a formal notice of complaint, which shall specify the provision of this chapter of which such person is said to be in violation and a statement of the manner and extent to which, if applicable, such person is said to violate this chapter, and shall require the person complained against to answer the charges of such formal complaint at a hearing before the board. B. Such hearing shall be conducted pursuant to the provisions of the contested cases provisions of the Uniform Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5, Part 3 (T.C.A. § 4-5-301 et seq.). (Ord. 94-1161 § 6, 1994; Ord. 93-790 § 9, 1993; prior code § 4-1-22)

Metropolitan Code of Nashville and Davidson County § 10.56.130 Variances—Hearings procedure.

10.56.130 - Variances—Hearings procedure. A. Any person seeking a variance from the provisions of this chapter or from the rules and regulations adopted by the board pursuant to this chapter shall do so by filing a petition for variance with the director. The director shall promptly investigate such petition and make recommendation to the board as to the disposition thereof. B. The board may grant such variance if it finds that: 1. a. The emissions occurring, or proposed to occur, do not endanger or tend to endanger human health or safety, and b. Compliance with the provisions of this chapter and the rules or regulations from which variance is sought would produce serious hardship without equal or greater benefits to the public; 2. The emissions occurring, or proposed to occur, do not have a serious adverse effect on the quality of the ambient air of Davidson County and of adjacent counties; 3. The owner or operator of the source agrees that upon the expiration of the order granting the variance that he/she will use any new means of emission limitation demonstrated to the satisfaction of the board to be the best available system of continuous emission reduction for the particular source or sources for which the variance is granted; 4. Such new means of emission limitation are not likely to be used unless a petition is granted under this subsection; 5. Such new means of emission limitation have a substantial likelihood of: a. Achieving greater continuous emission reduction than the means of emission limitation which, but for such variance, would be required, or b. Achieving an equivalent continuous reduction at lower cost in terms of energy, economic or nonair quality environmental impact; 6. Compliance with the source would be impracticable prior to or during the installation of such new means. C. Upon receiving the recommendation of the director, the board shall grant a public hearing. Such public hearing shall be held not later than sixty days after receipt of a recommendation from the director. D. Public hearings will be conducted in the following manner: 1. The petitioner and the public shall be given written notice at the earliest practicable time as to the time and place of such hearing. 2. At the discretion of the board, such hearing before a hearing officer may be conducted as defined by the Uniform Administrative Procedures Act, Tennessee Code Annotated, Section 4-5-301, and a complete record of the hearing shall be made for review by the board members. 3. All testimony shall be recorded and may or may not be under oath, at the discretion of the hearing officer. The transcript so recorded shall be made available to the petitioner or any party to the hearing upon the payment of the fee for transcribing such testimony. 4. The board in considering the granting of a variance shall give due consideration to the equities of the petitioner and others who may be affected by granting or denial of the petition. 5. The board may make the granting of a petition for variance contingent upon such other requirements or restrictions on the petitioner as the board may deem appropriate and reasonable, including, but not limited to, the requirement that a performance bond be posted by the petitioner. 6. Any variance granted shall be for a period not to exceed one year, except as hereinafter provided, but may be extended from time to time by the action of the board. E. Subject to the conditions of subsections A and B of this section, the board may grant a variance on the grounds that there is no practicable means known or available for the adequate prevention, abatement or control of the air pollutant source involved, and, if granted, such variance may remain in effect only until the necessary means for prevention, abatement or control become known and available, and subject to the taking of any substitute or alternate measures that the board may prescribe. F. If the variance is granted on the grounds that compliance with the particular requirement or requirements from which variance is sought will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the board, is requisite for the taking of the necessary measures. A variance granted on the grounds specified herein shall contain a timetable for the taking of action in an expeditious manner and shall be contained on adherence to such timetable. G. Upon failure of the board to issue a final order or determination within sixty days after the final argument in any such hearing or within sixty days following receipt of the recommendation of the director when no hearing is held, the petitioner shall be entitled to treat for all purposes such failure to act as a granting of the variance requested. H. The burden of proof in such hearings shall be upon the petitioner. I. Nothing in this section, and no variance or renewal thereof granted pursuant hereto, shall be construed to prevent or limit the application of the emergency provisions and procedures of this chapter to any person or his property. (Ord. 94-1161 § 7, 1994; prior code § 4-1-23)

Metropolitan Code of Nashville and Davidson County § 10.56.140 Emergency measures—Hearings procedure.

10.56.140 - Emergency measures—Hearings procedure. A. Any other provisions of law to the contrary notwithstanding, if the director finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the director shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants. B. Upon issuance of any such order, the director shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the board. Such hearing shall be held in conformity with the provisions of Section 10.56.120, insofar as applicable. Not more than twenty-four hours after the commencement of such hearing, and without adjournment thereof, the board shall affirm, modify or set aside the order of the director. C. In the absence of a generalized condition of air pollution of the type referred to in subsection A of this section, if the director finds that emissions from the operation of one or more air contaminant sources is causing or may tend to cause imminent danger to human health or safety, he may order the person responsible for the operation in question to reduce or discontinue operations immediately, without regard to the provisions of this chapter. In such event, the requirements for hearing affirmance, modification, or setting aside of orders set forth in subsection B of this section shall apply. (Prior code § 4-1-24)

Metropolitan Code of Nashville and Davidson County § 10.56.150 Nuisance declared—Injunctive relief.

10.56.150 - Nuisance declared—Injunctive relief. A. Any person violating the provisions of this chapter by exhausting into the atmosphere an air contaminant in excess of that permitted by this chapter is declared to be creating a nuisance. B. The board may cause to be instituted a civil action in any court of competent jurisdiction of injunctive relief to prevent violation of any section of this chapter. (Prior code § 4-1-25)

Source: Metropolitan Government of Nashville and Davidson County, Metropolitan Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tn/metro_government_of_nashville_and_davidson_county/codes/code_of_ordinances?nodeId=CD_TIT10HESA_DIVIGERE_CH10.56AIPOCO_ARTIADENFetched: 10/28/2026