Sec. 360.301. - Compliance plans; compliance agreements.

(a) A person found by the Director or, upon appeal of the determination of the Director, by the Board to be in violation of Chapter 362 , Chapter 368 or Chapter 376 , of the attainment plan applicable to him or of the rules of the Board, or a person unable to comply with the attainment plan prior to being cited for a violation, shall prepare and submit to the Board within a reasonable time fixed by the Board a compliance plan which provides for implementation, maintenance and enforcement of the emission limits, performance standards or other requirements applicable to that person. The Board shall, by rule, specify what elements and provisions are required in a compliance plan and in a compliance agreement embodying the plan. (b) The Board shall, within a reasonable time after submission of the compliance plan, approve or disapprove the plan or a portion thereof. No person shall be cited for a violation while an application for a compliance plan is pending. If the plan or portion is: (1) Approved, the person submitting it shall be responsible for complying with the approved plan or portion. The approved plan or portion shall be embodied in a compliance agreement between the City and the person and it shall be signed on behalf of the City by the chairman of the Board and by the person. (2) Disapproved, the person submitting it shall, within a reasonable time allowed by the Board, resubmit the disapproved plan or portion with reasonable changes that take into account the comments of the Board in disapproving the compliance plan. The Board, in its rules, may specify a maximum number of times that a proposed compliance plan may be submitted, disapproved, and resubmitted without approval by the Board before the disapproval will be final action by the Board on the proposed compliance plan. (c) After a reasonable opportunity has been given to a person, the Board is authorized to create and approve sua sponte a compliance plan in those cases in which it determines that the person has not and will not submit an acceptable compliance plan. (Ord. 84-674-684, § 1)