Chapter 10.12 ENHANCED VEHICLE EMISSIONS INSPECTION MAINTENANCE PROGRAM
Section 10.12.050 Powers and Duties.
A. The Division shall be responsible
for the enforcement and administration of thisChapter
and any other powers vested in it by law and shall:
1. Require
the submission of information, reports, plans, and specifications from Certified
Emission Repair Facilities and or Enhanced Basic Test Stations and Certified Repair Technicians
and or Emission Testers as necessary to implement the provisions, requirements, and standards
of this Chapter;
2. Issue permits,
certifications, and charge fees as necessary to implement the provisions,
requirements and standards of this Chapter;
3. Perform
inspections (Audits) of any I/M Program Station, issue orders and/or notices,
hold hearings, and levy administrative penalties, as necessary to effect the purposes of this
Chapter;
4. Take samples
and make analyses required to ensure that the provisions of this Chapter
are met; and
5. Develop
policies and procedures necessary to ensure that the provisions of thisChapter
are met and that the purposes of this Ordinance are accomplished.
B. The Division may suspend, revoke,
or deny a permit of an Certified Emission Repair
Facility and/or negotiate a monetary penalty in lieu of suspending a permit under a consent
agreement, and/or require the surrender of the permit and unused Certificates of Compliance and
other official documents of such Certified Emission Repair Facility and/or Enhanced Basic Test
Station upon showing that:
1. A vehicle
was inspected and issued a Certificate by station personnel that did not, at
the time of inspection, comply with all applicable policies, procedures, Technician Bulletins,
standards and this Chapter;
2. A vehicle
was inspected and rejected by the station when, in fact, the vehicle was
determined, by the Division, to be in such condition that it did comply with the requirements
of
this Chapter;
3. A vehicle
was inspected and was passed for the Tampering Inspection as detailed in this
Chapter did not at the time of Inspection comply with the requirements of this Chapter;
4. The Station
is not regularly open and available to perform inspections with regularly
set business hours, Mondays through Fridays (except for fleet facilities);
5. The Station
has violated any provision of this Chapter, or Division policy properly
promulgated for the operation of a Station;
6. The Station
was not equipped as required by this Chapter;
7. Station
is not operating at the location specified on the permit;
8. The UTAH2000 Analyzer has
been tampered with or altered in any way contrary to the
certification and maintenance requirements of the analyzer;
9. The Station denies access
to a representative of the Division to conduct an
Audit/Inspection or other necessary business during regular business hours; or
10. The station performed unnecessary
repairs not justified by the results of the Inspection;
11. A vehicle was tampered,
altered or in any way changed from manufacturer's original
specifications with or without an inspection being performed;
12. In accordance with Sections
41-6-163.6 and 41-6-163.7 Utah Code Annotated, 1953, as
amended, an Emissions Inspection for a Weber, Salt Lake, or Utah County resident was
performed but not as required by the Regulations/Ordinances adopted by the applicable county
and/or the UTAH2000 analyzer prompts.
C. The Division may suspend, revoke,
or deny the permit of a Certified Emissions Repair
Technician or Certified Emissions Tester and require the surrender of this permit upon showing
that:
1. The Certified
Emissions Repair Technician and/or Tester issued a Certificate of
Compliance without an approved inspection being made;
2. The Certified
Emissions Repair Technician and/or Tester denied the issuance of a
Certificate of Compliance to a vehicle that, at the time of the Inspection, complied with the law
for issuance of said Certificate of Compliance;
3. The Certified
Emissions Repair Technician and/or certified emissions Tester issued a
Certificate of Compliance to a vehicle that, at the time of issuance, was in such condition that it
did not comply with this Chapter;
4. The Certified
Emissions Repair Technician and/or Tester inspected and recorded "pass"
on the Tampering Inspection for a vehicle that did not at the time of Inspection comply with the
tampering requirements of the Tampering Inspection detailed in this Chapter, regardless of
whether a Certificate of Compliance was issued or not;
5. Inspections
were performed by the Certified Emissions Repair Technician and/or
Tester, but not in accordance with applicable policies, procedures, Technical Bulletins, and this
Chapter;
6. The Certified
Emissions Repair Technician and/or ester allowed a non-certified person
to perform an official Emission test or gain access to the official testing portion of the analyzer;
7. The Certified
Emissions Repair Technician and/or ester signed an Inspection form or
Certificate of Compliance stating that he/she had performed the Emissions test when, in fact,
he/she did not;
8. The Certified
Emissions Repair Technician and/or Tester performed a Weber, Salt
Lake, or Utah County test as required by Sections 41-6-163.6 and 41-6-163.7, Utah Code
Annotated, 1953, as amended, but did not perform it as required by the Ordinances or
Regulations governing such testing in these counties if reciprocity with other counties is in
effect;
D. The Division shall respond, according
to the policies and procedures to complaints
regarding the fairness and integrity of inspections they receive and shall provide a method that
Inspection results may be challenged if there is a reason to believe them to be inaccurate.
(Ord. 6-2008, Amended, 07/15/2008, Prior Text; Ord. 03-2002, Amended, 10/01/2002, Prior Text)