(Adopted 8/10/1971; Amended 12/20/1994)

A. Failure to comply with any of the emission limitations or restrictions prescribed by these Rules and Regulations occurring as a result of a process upset condition or breakdown of any air pollution control equipment or related operating equipment, any in-stack continuous monitoring equipment or other emergencies as defined pursuant to the provisions of this rule, shall constitute a violation of any such limitations or restrictions. However, the Air Pollution Control Officer may elect to take no enforcement action if the owner or operator demonstrate to the Air Pollution Control Officer's satisfaction that a breakdown condition exists and the following requirements are met:
  1. A person shall notify the Air Pollution Control Officer of any occurrence which constitutes a breakdown condition as soon as reasonably possible, but no later than 1 hour after its detection. If the breakdown occurs when the Air Pollution Control Officer cannot be contacted, the report of the breakdown shall be made at the commencement of the next regular working day;
  2. The notification shall identify the time, specific location, equipment involved, and to the extent known the cause(s) of the occurrence;
  3. Appropriate corrective measures are immediately undertaken to correct the occurrence or limit its duration;
  4. The Air Pollution Control Officer verifies the failure condition;
  5. As soon as the occurrence has been corrected, but not later than ten (10) calendar days after the upset or breakdown condition has been corrected, the owner or operator shall submit a written report to the Air Pollution Control Officer on forms supplied by the Air Pollution Control Officer describing the cause(s) of the breakdown, corrective measures taken, a statement that the occurrence has been corrected, together with the date and time of correction.
B.   In no event shall any occurrence be deemed to be an upset condition, or other emergency covered by this Rule 4:17 nor entitled to any relief under this Rule 4:17 when such occurrence is the foreseeable result of gross neglect or of the willful disregard of any applicable air pollution laws, rules, or regulations or is the result of an intentional or negligent act or omission on the part of the owner or operator or which results from the gross neglect or willful failure to properly maintain equipment or constitutes a nuisance as defined in District Rule 4:4.