Any applicant to the Allegheny County Health Department (ACHD) for a
new or modified air pollution permit must demonstrate to the ACHD that they
have been in compliance for a period of one year with all current air pollution
permits, and applicable air pollution laws and regulations, under which they
operate. The one-year compliance period will begin one year prior to the date
of the new or modified permit application received by ACHD.
A facility will not be considered to be in compliance, as the term is
used in this chapter, if the ACHD, or a state or federal environmental agency
has sent a notice of violation (NOV), or has sent a statement of violation
(SOV) that documents the violation in writing, or has taken an enforcement
action against the company including, but not limited to, issuing a fine or
initiating legal proceedings.
Required reports to the ACHD that are missing at the time of application
for a new or modified permit shall be considered a violation under this chapter.
Required reports that are filed with ACHD at a date later than required shall
not be considered a violation under this chapter.
A single, accidental release during the one-year compliance period shall
not be considered a violation under this section unless the accidental release
caused significant harm or danger to human health or significant damage to
the environment, as determined by ACHD.