San Luis Obispo County APCD 202-1 12/02/2009

RULE 202. PERMITS

(Adopted 8/2/76; Revised 12/6/76, 3/27/78, 11/13/84 , 2/23/88, 11/5/91, and 12/2/2009)

A. GENERAL

1. Authority to Construct. Any person building, erect ing, altering or replacing any article, machine, equipment or other contrivance, t he use of which may cause the

issuance of air contaminants or the use of which ma y eliminate or reduce or

control the issuance of air contaminants, shall fir st obtain authorization for such

construction from the Air Pollution Control Officer

.

2. Permits to Operate. Before any article, machine, e quipment or other contrivance, the use of which may cause, increase, eliminate, re duce or control the issuance of air contaminants may be operated or used, a Permit to Operate shall be obtained from the Control Officer, except as provided in sub section A.5.

3. Permit to Sell or Rent. The Air Pollution Control Officer may issue a permit to sell or rent, subject to conditions which will brin g the operation of any article, machine, equipment or other contrivance within the standards of Rule 204, in which case the conditions shall be specified in wri ting. Selling or renting under such a permit to sell or rent shall be deemed accep tance of all the conditions so specified. The Air Pollution Control Officer shall issue a permit to sell or rent with revised conditions upon receipt of a new appli cation, if the applicant demonstrates that the article, machine, equipment o r other contrivance can operate

within the standards of Rule 204 under the revised conditions.

4. Notification to Building Officials, etc. It shall be the duty of the Air Pollution Control Officer to notify in writing the building d epartment or division of every governmental agency within the District boundaries that every applicant for construction, alteration or other permit which invo lves any article, machine, equipment or other contrivance, the use of which ma y cause the issuance of air contaminants, or the use of which may eliminate, re duce or control the issuance of air contaminants will be required under these Rules to obtain an "Authority to Construct" before commencing construction of any su ch article, machine, equipment or other contrivance, and will further be required thereafter to conform to these Rules in such operation.

5. Temporary Permit to Operate. Upon written notifica tion to the District that the equipment listed in an Authority to Construct has b een installed and or is ready for operation, the Authority to Construct shall ser ve as temporary Permit to Operate. The temporary Permit to Operate shall be treated as Permit to Operate according to District Rules. The equipment shall n ot be operated contrary to any conditions specified in the Authority to Construct. This temporary Permit to Operate may specify a reasonable period of time dur ing which the District may determine if the equipment can operate in complianc e with these Rules and Regulations.San Luis Obispo County APCD 202-2 12/02/2009

6. Posting of Permit to Operate. A person who has bee n granted, under Rule 202, a Permit to Operate any article, machine, equipment o r other contrivance described in Rule 202.A.2 or A.3 shall firmly affix such Perm it to Operate, an approved facsimile, or other approved identification bearing the Permit number upon the article, machine, equipment or other contrivance in such a manner as to be clearly

visible and accessible. In the event that the arti cle, machine, equipment, or other contrivance is so constructed or operated that the Permit to Operate cannot be so placed, the Permit to Operate shall be mounted so a s to to be clearly visible in an accessible place within 25 feet of the article, mac hine, equipment or other contrivance, or maintained readily available at all times on the operating premises.

7. Defacing a Permit to Operate. No person shall defa ce, alter, forge, counterfeit, or falsify a permit or facsimile thereof or identifica tion to operate any article, machine, equipment or other contrivance issued or m ounted or displayed pursuant to the provisions of the Rule 202.

8. Loss of Exemption. Within 90 days of written notif ication by the APCO of the need for a permit, any person exempt under Rule 201 who loses an exemption because of changes in that rule or changes in Feder al, California or District laws or regulations shall apply for a Permit to Operate the subject emission unit.

B. TRANSFER

1. An Authority to Construct, Permit to Operate or Per mit to Sell or Rent shall not be transferable, whether by operation of law or oth erwise, either from one location to another, from one piece of equipment to another, or from one person to another.

C. CANCELLATION OF APPLICATIONS

An Authority to Construct shall expire and the appl ication shall be cancelled one year from the date of issuance of the Authority to Const ruct, if unused. An application for a Permit to Operate existing equipment shall be cance lled one year from the date of filing of the application, if unused. At the Air Pollutio n Control Officer's discretion, substantial economic commitment may be deemed to have used said Authority to Construct or Permit to Operate. The APCO may grant an extension of an application for Authority to Construct or Permit to Operate upon receipt of a wr itten request by the applicant explaining the need for an extension and the additi onal time required.

D. INDEMNIFICATION

Each applicant for, and recipient of, an Authority to Construct or Permit to Operate agrees to indemnify, defend and hold the District (includi ng Board Members, officers, directors, managers, employees and agents) harmless and free a nd clear from and against any liability, debt, obligation, claim, judgment, actio n, cause of action or cost or expense, of any amount or nature whatsoever incurred by or impo sed upon the District arising out of, as a result of, related to or in any way connected with the denial, issuance, modification or renewal of a permit, including a permit or varia nce by the Hearing Board. Such costs or expenses shall include, but not be limited to, r easonable attorneys’ fees, expert witness fees, and all other litigation expenses.