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Council Minutes of 10/3/2006 216-441-7442 was given. An air quality nuisance or violation may be in the form of dust, odors, smoke, etc. The Building Dept. contacted the Cleveland Division of Air Quality in April or May regarding a situation in North Olmsted at Suburban. This facility is part of on-going investigation and Mr. Hearne was limited in speaking on this specific facility. The basic information which he did review was that the facility made application for an installation permit for two spray booths in November 2005. A draft permit was issued in February 2006 after a 30-day comment period. There were no comments. A final permit to install source was issued in March 2006. The facility has submitted an application far their operating permit. They can continue to operate the source using the installation permit until the operating permit is issued by the State of Ohio. Currently, there is a very large back-log of permits to be issued and Ohio law allows the facility to operate under the terms of the installation permit. The draft permit format was issued because the facility agreed to limit the possible emissions by the best use of current technology. As part of their investigation, there is a scheduled complete compliance evaluation, which is atop to bottom inspection and review in October 200b. These inspections are announced inspections. The current investigation will probably not be completed by the October inspection. While there are requirements which address and prohibit odors from being a public nuisance, in Ohio the laws aze very difficult or challenging to find that odors constitute a public nuisance. The burden of proof is easier if there are goad local ordinances to work from. Also, Logs and calls from residents play a part in the determination process. Mr. Hearne stated that the City of Cleveland has good air quality standards. While the Cleveland Air Quality Division has the ability to shut down a facility, Mr. Hearne stated he knows of no such incidents. If violations are found, they seek voluntary compliance. If the violation is corrected, no further action is taken. If the violation is ignored or not corrected, enforcement action by the Ohio Attamey General's office takes place. Frequently, the violations and enforcement process is through negotiations, the findings and orders are mutually agreed to by the Ohio EPA, Ohio Attorney General's office, Cleveland Clean Air and the violator. If changes or modifications are required of a facility, these may be worked into the permit for the facility. This is all part of the negotiation process. Cleveland Clean Air does not perform stack tests or any other air monitoring tests. They do witness or oversee third party testing. A stack test may be required within the first 1 or 2 years of a permit or new installation. The Ohio EPA has a public comment period which is advertised in the Ohio EPA weekly synopsis of permits and the legal notices of the Plan and on the Internet. The public information center of the Ohio EPA is charged with notifying the public, but they do not notify municipalities. Due to the public interest in a particular local business permit, Mr. Miller and Mr. Tallon requested that the City of North Olmsted be notified by Cleveland Clean Air when the 30 day public comment period is in effect, which will be before the permanent operating permit is issued. The requirements, operating terms and conditions of the operating permit will be similar or identical to the installation permit. These terms have not been developed for this facility, nor has a date been scheduled. One of the conditions of the installation permit is that they will not be a nuisance. If this can be determined, it is an enforceable violarion. The question of several alternations which have occurred after the initial installation was brought forward. Mr. Hearne stated that increasing the number of filters and raising the height of the stacks usually decreases or improves ground level concentrations. There are same residents 11 ,~~,