§ 127.444. Compliance requirements.
A person may not cause or permit the operation of a source subject to this article unless the source and air cleaning devices identified in the application for the plan approval and operating permit and the plan approval issued to the source are operated and maintained in accordance with specifications in the application and conditions in the plan approval and operating permit issued by the Department. A person may not cause or permit the operation of an air contamination source subject to this chapter in a manner inconsistent with good operating practices.
Notes of Decision Compliance Violation
The Environmental Hearing Board did not abuse its discretion in not eliminating penalty assessed by Department of Environmental Protection (Department) against asphalt plant operator for broken manometer that measured air quality; operator stated tertiary crusher monitored by manometer was not in operation during the time manometer was broken, but since operator did not keep required records, Department was unable to ascertain whether the crusher was or was not in use during that time. Eureka Stone Quarry v. Dep’t of Envtl. Protection, 957 A.2d 337, 348-349 (Pa. Cmwlth. 2008).
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