reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1 - Permits › Section 42305.

42305. The air pollution control officer shall reinstate a suspended permit when furnished with all the requested information, analyses, plans, and specifications.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1 - Permits › Section 42306.

42306. Within 10 days after receipt of the notice of suspension pursuant to Section 42304, the permittee may request the hearing board of the district to hold a hearing on whether or not the permit was properly suspended.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1 - Permits › Section 42307.

42307. An air pollution control officer may request the hearing board of the district to hold a hearing to determine whether a permit should be revoked, if he finds that the holder of the permit is violating any applicable order, rule, or regulation of the district or any applicable provision of this division.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1 - Permits › Section 42308.

42308. Within 30 days after a hearing has been requested pursuant to Section 42302, 42306, or 42307, the hearing board shall hold a hearing pursuant to Chapter 8 (commencing with Section 40800) of Part 3.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1 - Permits › Section 42309.

42309. After a hearing, the hearing board may do any of the following:
(a)  Grant a permit denied by the air pollution control officer.
(b)  Continue the suspension of a permit suspended by the air pollution control officer.
(c)  Remove the suspension of an existing permit invoked by the air pollution control officer pending the furnishing by the permittee of the information, analyses, plans, and specifications required.
(d)  Find that no violation exists and reinstate an existing permit.
(e)  Revoke an existing permit, if it finds any of the following:
(1)  The permittee has failed to correct any conditions required by the air pollution control officer.
(2)  A refusal of a permit would be justified.
(3)  Fraud or deceit was employed in the obtaining of the permit.
(4)  Any violation of this part, or of any order, rule, or regulation of the district.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1 - Permits › Section 42310.

42310. (a) A permit shall not be required for any of the following:
(1) Any vehicle.
(2) Any structure designed for and used exclusively as a dwelling for not more than four families.
(3) An incinerator used exclusively in connection with a structure described in paragraph (2).
(4) Barbecue equipment that is not used for commercial purposes.
(5) (A) Repairs or maintenance not involving structural changes to any equipment for which a permit has been granted.
(B) As used in this paragraph, maintenance does not include operation.
(b) Nothing in this section shall affect any requirements imposed on a district or a source of air pollution, including, but not limited to, an agricultural source, pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).
(Amended by Stats. 2009, Ch. 140, Sec. 114. (AB 1164) Effective January 1, 2010.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1 - Permits › Section 42310.5.

42310.5. (a)  Notwithstanding any provision of any district permit system, including the south coast district permit system, any permit issued for the operation of equipment at an asphalt plant shall be valid for operation of the equipment by another operator if all of the following conditions are met:
(1)  The permitted operator has given the new operator a copy of the operating permit.
(2)  The permitted operator has filed, with the district, a copy of the operating permit attached to a signed statement from the new operator agreeing to comply with the terms of the permit.
(3)  The permitted operator has paid a reasonable administrative fee as determined by the district.
(b)  If the operation of the equipment by the new operator results in a violation of any state law or rule or regulation of the state board or district adopted pursuant to this division, the liability for the violation shall be determined based upon whether the conduct of the permitted operator or the new operator, or both, caused the violation.
(Added by Stats. 1987, Ch. 183, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1 - Permits › Section 42311.2.

42311.2. (a) Notwithstanding Section 42311, a district shall not adopt or impose fees that exceed actual district administrative costs for processing or enforcing permits applicable to any of the following:
(1) Prescribed burning operations on state responsibility lands conducted under the terms of a permit issued by the Department of Forestry and Fire Protection pursuant to Article 3 (commencing with Section 4491) of Chapter 7 of Part 2 of Division 4 of the Public Resources Code when the purpose of the operation is prevention of high-intensity wildland fires through reduction of the volume and continuity of wildland fuels.
(2) Burning of vegetation or disposal of slash following timber operations required under regulations adopted by the State Board of Forestry and Fire Protection pursuant to Section 4551.5 or 4562 of the Public Resources Code and for the purpose of reducing the incidence and spread of fires on timberlands.
(3) Wildland vegetation management burns.
(A) For purposes of this subdivision, “wildland vegetation management burn” means the use of prescribed burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency to burn land predominantly covered with chaparral, trees, grass, or standing brush.
(B) For purposes of this subdivision, “prescribed burning” is the planned application and confinement of fire to wildland fuels on lands selected in advance of that application to achieve any of the following objectives:
(i) Prevention of high-intensity wildland fires through reduction of the volume and continuity of wildland fuels.
(ii) Watershed management.
(iii) Range improvement.
(iv) Vegetation management.
(v) Forest improvement.
(vi) Wildlife habitat improvement.
(vii) Air quality maintenance.
(C) The planned application of fire may include natural or accidental ignition.
(b) Prior to adopting or revising fees for the activities described in paragraph (1), (2), or (3) of subdivision (a), a district shall hold a public hearing and shall consider the following:
(1) The costs of the fees on private landowners and other persons who engage in activities specified in paragraph (1), (2), or (3) of subdivision (a).
(2) Any revenues currently provided to the county for general government by public agencies that administer public lands.
(Amended by Stats. 2004, Ch. 693, Sec. 2. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1 - Permits › Section 42311.5.

42311.5. A district board may increase its fee schedule adopted under Section 42311 to generate sufficient revenues to pay for any district costs associated with the implementation of Section 66796.53 of the Government Code or Section 41805.5.
(Added by Stats. 1984, Ch. 1532, Sec. 5.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1 - Permits › Section 42312.

42312. To aid in administering its permit system, a district board may contract with any county or city included, in whole or in part, within the district, and any such county or city may contract with the district, for the performance of such work in the name of, and subject to the approval of, the district air pollution control officer by the building department or other officer, department, or agency of the county or such city charged with the enforcement of regulations pertaining to the erection, construction, reconstruction, movement, conversion, alteration, or enlargement of buildings or structures.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1 - Permits › Section 42313.

42313. Except in the case of a contract entered into between a county district and the county, a contract entered into pursuant to Section 42312 may provide that fees for permits shall be paid to the city or county which issues the permit and may be retained by that city or county, in whole or in part, as the consideration, or part thereof, for issuing the permits. Otherwise, all fees paid for the issuance of permits shall be paid into the district treasury.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1 - Permits › Section 42314.2.

42314.2. (a)  The time limits established under Sections 65950, 65950.1, and 65952 of the Government Code for approval or disapproval of development projects may be extended for district review of an application for a permit for a resource recovery project upon the mutual consent of the district and the permit applicant. Notwithstanding Section 65957 of the Government Code, an extension made pursuant to this section shall not exceed nine months beyond the time limits established under Sections 65950, 65950.1, and 65952 of the Government Code.
(b)  The district shall provide public notification at least 30 days prior to the effective date of any extension consented to under subdivision (a), which shall specify the reasons for, and the duration of, the extension period. The district shall provide this public notification by publishing a notice once a week for two consecutive weeks in a newspaper of general circulation in the district.
(Added by Stats. 1987, Ch. 205, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1 - Permits › Section 42314.5.

42314.5. In considering a permit for a facility that utilizes agricultural waste products, forest waste products, or similar organic wastes as biomass fuel in a steam generator (boiler) to produce electrical energy, or to be used as a digester feedstock in a cogeneration facility, the district shall allow offset credits as provided in Sections 41600 and 41605.5.
(Amended by Stats. 2000, Ch. 890, Sec. 42. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1 - Permits › Section 42316.

42316. (a)  The Great Basin Air Pollution Control District may require the City of Los Angeles to undertake reasonable measures, including studies, to mitigate the air quality impacts of its activities in the production, diversion, storage, or conveyance of water and may require the city to pay, on an annual basis, reasonable fees, based on an estimate of the actual costs to the district of its activities associated with the development of the mitigation measures and related air quality analysis with respect to those activities of the city. The mitigation measures shall not affect the right of the city to produce, divert, store, or convey water and, except for studies and monitoring activities, the mitigation measures may only be required or amended on the basis of substantial evidence establishing that water production, diversion, storage, or conveyance by the city causes or contributes to violations of state or federal ambient air quality standards.
(b)  The city may appeal any measures or fees imposed by the district to the state board within 30 days of the adoption of the measures or fees. The state board, on at least 30 days’ notice, shall conduct an independent hearing on the validity of the measures or reasonableness of the fees which are the subject of the appeal. The decision of the state board shall be in writing and shall be served on both the district and the city. Pending a decision by the state board, the city shall not be required to comply with any measures which have been appealed. Either the district or the city may bring a judicial action to challenge a decision by the state board under this section. The action shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure and shall be filed within 30 days of service of the decision of the state board.
(c)  A violation of any measure imposed by the district pursuant to this section is a violation of an order of the district within the meaning of Sections 41513 and 42402.
(d)  The district shall have no authority with respect to the water production, diversion, storage, and conveyance activities of the city except as provided in this section. Nothing in this section exempts a geothermal electric generating plant from permit or other district requirements.
(Added by Stats. 1983, Ch. 608, Sec. 1. Effective September 1, 1983.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1.3 - Air Pollution Permit Streamlining Act › Section 42320.

42320. This article shall be known, and may be cited, as the Air Pollution Permit Streamlining Act of 1992.
(Added by Stats. 1992, Ch. 1096, Sec. 3. Effective September 29, 1992.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1.3 - Air Pollution Permit Streamlining Act › Section 42321.

42321. The Legislature finds and declares as follows:
(a)  California’s air pollution control programs have been among the most successful efforts in the country to reduce air pollution and to protect public health and the environment.
(b)  It is in the interest of the people of the state, particularly during times of economic difficulty, to enact laws which improve the processes by which businesses comply with environmental and air quality laws, without sacrificing the protection of public health and the environment.
(c)  The purpose of this article is to require districts to review their permit programs and to institute new, efficient procedures which will assist businesses in complying with regional, state, and federal air quality laws in an expedited fashion, without reducing protection of public health and the environment.
(Added by Stats. 1992, Ch. 1096, Sec. 3. Effective September 29, 1992.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1.3 - Air Pollution Permit Streamlining Act › Section 42322.5.

42322.5. Districts with a population of more than 500,000 persons shall additionally implement the following permit streamlining measures:
(a)  Upon a permit applicant’s request, the district shall allow the permit applicant to meet with district staff prior to the submittal of a permit to construct in order to identify issues and ways to expedite the permitting process.
(b)  The district shall allow the permit applicant to propose conditions that are consistent with the applicable rules or regulations for the district’s consideration.
(c)  Before a district implements a rule or regulation for categories of emission sources for which significant capital expenditures will be required, the district shall develop, with input from the regulated community, a permitting protocol for any permits that will be required for common types of operating equipment, processes, or related air pollution control equipment as a result of the rule or regulation. Each district shall compile those protocols and make them available to businesses that are regulated by the rule or regulation.
(Added by Stats. 1993, Ch. 1180, Sec. 2. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1.3 - Air Pollution Permit Streamlining Act › Section 42323.

42323. (a)  For purposes of subdivision (b), “small business stationary source” means a source which meets all of the following criteria:
(1)  The source is owned or operated by a person who employs 100 or fewer individuals.
(2)  The source is a small business as defined under the federal Small Business Act (15 U.S.C. Sec. 631, et seq.).
(3)  The source emits less than 10 tons per year of any single pollutant and less than 20 tons per year of all pollutants.
(b)  In addition to the requirements of Section 42322, every district shall establish a small business assistance program for small business stationary sources located within the district’s jurisdiction. A small business assistance program adopted pursuant to this section shall consist of all of the following:
(1)  The development of a standardized permit application form which is written in clear and understandable language and provides small business persons with adequate information to complete and return the form.
(2)  To the extent that a district determines that it will not adversely affect public health or the environment, the consolidation of the authority to construct and permit to operate into a single permit process in order to reduce processing times and paperwork for small business stationary sources.
(3)  The establishment of expedited variance procedures for small businesses and the provision of technical assistance for applicants on the processing of variances.
(4)  The designation of a single person or office within the district which shall serve as a point of initial access and accessibility to the district for small business persons.
(5)  Upon the approval of the district board at a duly noticed public hearing, the establishment of surcharges on permit fees levied on sources regulated by the district, to be used for the establishment of a small business economic assistance program.
(c)  This section does not apply to county air pollution control districts in counties that have a population of less than 250,000 persons.
(Added by Stats. 1992, Ch. 1096, Sec. 3. Effective September 29, 1992.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1.5 - District Review of a Permit Applicant s Compliance History › Section 42330.

42330. The Legislature finds and declares that the effective regulation of air pollution emissions requires that permit applicants who have a demonstrated recurring pattern of air pollution control violations, and who have consistently refused to take the necessary steps to cooperate with a district to correct those violations, shall be subject to appropriate permit actions to bring them into compliance. The Legislature further finds that noncompliance may endanger the public health and safety and the environment and places permit applicants that are in compliance at a serious competitive disadvantage.
It is the intent of the Legislature in enacting this article to provide districts with an effective enforcement tool to bring noncompliant permit applicants into conformity with the applicable air pollution control laws and regulations. It is further the intent of the Legislature that any permit action authorized by this article shall be taken only after a district has attempted to bring the applicant into voluntary or required compliance, in accordance with the procedural and due process requirements prescribed by this article.
(Added by Stats. 1991, Ch. 1209, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1.5 - District Review of a Permit Applicant s Compliance History › Section 42331.

42331. (a)  Prior to issuing a permit pursuant to Article 1 (commencing with Section 42300), the air pollution control officer may review the compliance history of the applicant submitted to the district pursuant to Section 42336, under laws or regulations governing the control of air pollution, including the Clean Air Act (42 U.S.C. Sec. 7401 and following) and regulations adopted thereunder, and this division and regulations adopted pursuant to this division.
(b)  In reviewing the applicant’s compliance history, the officer shall take into account the size and complexity of the applicant’s operations, the compliance history of all sources within the facility for which the permit is being sought, and the number of permits held by the applicant.
(c)  For a permit for new or modified equipment at an existing facility, the officer’s review of an applicant’s compliance history shall be limited to the compliance history of the facility in question and the compliance history of other permitted sources at facilities owned, operated, or controlled by the applicant in the district. As used in this subdivision, “modified equipment” means any modification, including a change in the method of operation, that would require a permit modification under district rules.
(Added by Stats. 1991, Ch. 1209, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1.5 - District Review of a Permit Applicant s Compliance History › Section 42332.

42332. (a)  Prior to renewing a permit, an air pollution control officer may review the compliance history of the source in question at the facility, as shown in district records, under laws or regulations governing the control of air pollution, including the Clean Air Act (42 U.S.C. Sec. 7401 and following) and regulations adopted thereunder, and this division and regulations adopted pursuant to this division.
(b)  In reviewing an applicant’s compliance history, the officer shall take into account the size and complexity of the applicant’s operations and the number of permits held by the applicant.
(Added by Stats. 1991, Ch. 1209, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1.5 - District Review of a Permit Applicant s Compliance History › Section 42334.

42334. If, in the course of enforcing existing permits and conducting inspections relative thereto, an air pollution control officer makes a preliminary determination that the person has met the criteria prescribed in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 42333, the officer shall take all of the following actions:
(a)  Notify the person, in writing, that the district has made a preliminary determination that the person has met those criteria and that the district may take action pursuant to subdivision (a) of Section 42333. The notice shall include all facts relating to the preliminary determination which are known to the officer.
(b)  Request, as part of the notification required by subdivision (a), that the person confer with the officer in an office conference to discuss the pattern of noncompliance.
(c)  Conduct the office conference.
(Added by Stats. 1991, Ch. 1209, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1.5 - District Review of a Permit Applicant s Compliance History › Section 42335.

42335. A permit denied pursuant to Section 42333 shall be set aside by the hearing board under either of the following conditions:
(a)  The applicant proves that either:
(1)  The emissions violations forming the basis for the denial were the result of circumstances beyond the reasonable control of the applicant and could not have been prevented by the exercise of reasonable care.
(2)  The denial is not an appropriate action given the severity of the violations, or is not supported by the applicant’s overall compliance history.
(b)  The violation has been corrected in a timely fashion or reasonable progress is being made.
(Added by Stats. 1991, Ch. 1209, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1.5 - District Review of a Permit Applicant s Compliance History › Section 42336.

42336. In addition to any other information required to be submitted, an applicant for a permit to construct or a permit to operate which involves a change of operator who has owned or operated a facility pursuant to a permit issued by any district shall provide a description of all emissions violations satisfying the criteria specified in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 42333, under this division or any regulation adopted pursuant to this division, and the Clean Air Act (42 U.S.C. Sec. 7401 and following) or any regulations adopted thereunder, which occurred at any facility permitted by any district and owned or operated by the applicant in the state in the three years prior to the date of application.
(Added by Stats. 1991, Ch. 1209, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1.5 - District Review of a Permit Applicant s Compliance History › Section 42337.

42337. Any public notice provided by the district concerning the issuance of a permit to an applicant shall include, in addition to a description of the proposed project, a statement that information regarding the facility owner’s compliance history submitted to the district pursuant to Section 42336, or otherwise known to the district, based on credible information, is available from the district for public review.
(Added by Stats. 1991, Ch. 1209, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1.5 - District Review of a Permit Applicant s Compliance History › Section 42338.

42338. Nothing in this article limits the existing authority of the district.
(Added by Stats. 1991, Ch. 1209, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 1.5 - District Review of a Permit Applicant s Compliance History › Section 42339.

42339. This article does not apply to nuisance complaints based on odor emissions.
(Added by Stats. 1991, Ch. 1209, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42350.

42350. (a)  Any person may apply to the hearing board for a variance from Section 41701 or from the rules and regulations of the district.
(b)  (1)  If the district board has established a permit system by regulation pursuant to Section 42300, a variance, or an abatement order which has the effect of a variance, may not be granted from the requirement for a permit to build, erect, alter, or replace.
(2)  Title V sources shall not be granted a variance, or an abatement order which has the effect of a variance, from the requirement for a permit to operate or use.
(3)  In districts with emission-capped trading programs, no variance shall be granted from the emission cap requirement.
(Amended by Stats. 1996, Ch. 618, Sec. 5. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42350.5.

42350.5. Any form developed by a district board for use in filing an application for a variance shall contain a notice to small businesses of the availability of assistance in filling out the form and developing compliance schedules.
(Added by Stats. 1992, Ch. 1126, Sec. 4. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42351.

42351. (a)  Any person who has submitted an application for a variance and who desires to commence or continue operation pending the decision of the hearing board on the application, may submit an application for an interim variance.
(b)  An interim variance may be granted for good causes stated in the order granting such a variance. The interim variance shall not be valid beyond the date of decision of the hearing board on the application of the variance or for more than 90 days from date of issuance of the interim variance, whichever occurs first.
(c)  The hearing board shall not grant any interim variance (1) after it has held a hearing in compliance with the requirements of Section 40826, or (2) which is being sought to avoid the notice and hearing requirements of Section 40826.
(Amended by Stats. 1976, Ch. 1063.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42351.5.

42351.5. If a person granted a variance with a schedule of increments of progress files an application for modification of the schedule and is unable to notify the hearing board sufficiently in advance to allow the hearing board to schedule a public hearing on the application, the hearing board may grant no more than one interim authorization valid for not more than 30 days, to that person to continue operation pending the decision of the hearing board on the application. In districts with a population of less than 750,000, the chairman of the hearing board or any other member designated by the board may hear the application. If any member of the public contests such a decision made by a single member of the hearing board, the application shall be reheard by the full hearing board within 10 days of the decision. The interim authorization shall not be granted for a requested extension of a final compliance date or where the original variance expressly required advance application for the modification of an increment of progress.
(Amended by Stats. 1990, Ch. 150, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42352.

42352. (a)  No variance shall be granted unless the hearing board makes all of the following findings:
(1)  That the petitioner for a variance is, or will be, in violation of Section 41701 or of any rule, regulation, or order of the district.
(2)  That, due to conditions beyond the reasonable control of the petitioner, requiring compliance would result in either (A) an arbitrary or unreasonable taking of property, or (B) the practical closing and elimination of a lawful business. In making those findings where the petitioner is a public agency, the hearing board shall consider whether or not requiring immediate compliance would impose an unreasonable burden upon an essential public service. For purposes of this paragraph, “essential public service” means a prison, detention facility, police or firefighting facility, school, health care facility, landfill gas control or processing facility, sewage treatment works, or water delivery operation, if owned and operated by a public agency.
(3)  That the closing or taking would be without a corresponding benefit in reducing air contaminants.
(4)  That the applicant for the variance has given consideration to curtailing operations of the source in lieu of obtaining a variance.
(5)  During the period the variance is in effect, that the applicant will reduce excess emissions to the maximum extent feasible.
(6)  During the period the variance is in effect, that the applicant will monitor or otherwise quantify emission levels from the source, if requested to do so by the district, and report these emission levels to the district pursuant to a schedule established by the district.
(b)  As used in this section, “public agency” means any state agency, board, or commission, any county, city and county, city, regional agency, public district, or other political subdivision.
(Amended by Stats. 1992, Ch. 1025, Sec. 1. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42352.5.

42352.5. (a)  The hearing board, in determining whether or not the petitioner has presented evidence sufficient to make the finding specified in paragraph (2) of subdivision (a) of Section 42352 or paragraph (2) of subdivision (a) of Section 42368, shall consider, in addition to any other relevant factors, both of the following:
(1)  In determining whether or not conditions exist which are beyond the reasonable control of the petitioner, the hearing board shall consider the extent to which the petitioner took actions to comply or seek a variance, which were timely and reasonable under the circumstances. In so doing, the hearing board shall consider actions taken by the petitioner since the adoption of the rule, regulation, or order from which the variance is sought.
(2)  In determining whether or not requiring compliance would result in either an arbitrary or unreasonable taking of property or the practical closing and elimination of a lawful business, the hearing board shall consider whether or not an unreasonable burden would be imposed upon the petitioner if immediate compliance is required.
(b)  (1)  As used in this subdivision, “small business” has the same meaning as defined by the Small Business Administration, except that no stationary source which is a major source, as defined by applicable provisions of the federal Clean Air Act (42 U.S.C. Sec. 7661(2)), is a small business.
(2)  If the petitioner is a small business and emits 10 tons or less per year of air contaminants, the hearing board shall consider the factors specified in subdivision (a) in the following manner:
(A)  In determining the extent to which the petitioner took timely actions to comply or seek a variance, the hearing board shall make specific inquiries into, and shall take into account, the reasons for any claimed ignorance of the requirement from which a variance is sought.
(B)  In determining the extent to which the petitioner took reasonable actions to comply, the hearing board shall make specific inquiries into, and shall take into account, the petitioner’s financial and other capabilities to comply.
(C)  In determining whether or not the burden of requiring immediate compliance would be unreasonable, the hearing board shall make specific inquiries into, and shall consider, the impact on the petitioner’s business and the benefit to the environment which would result if the petitioner is required to immediately comply.
(Amended by Stats. 1994, Ch. 443, Sec. 1. Effective September 7, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42353.

42353. Upon making the specific findings set forth in Section 42352, the hearing board shall prescribe requirements other than those imposed by statute or by any rule, regulation, or order of the district board, not more onerous, applicable to plants and equipment operated by specified industry or business or for specified activity, or to the operations of individual persons. However, no variance shall be granted if the operation, under the variance, will result in a violation of Section 41700.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42354.

42354. In prescribing other and different requirements, in accordance with Section 42353, the hearing board, insofar as is consonant with the Legislature’s declarations in Sections 39000 and 39001, shall exercise a wide discretion in weighing the equities involved and the advantages to the residents of the district from the reduction of air contaminants and the disadvantages to any otherwise lawful business, occupation, or activity involved, resulting from requiring compliance with such requirements.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42355.

42355. (a)  The hearing board may require, as a condition of granting a variance, that a bond be posted by the party to whom the variance was granted to assure performance of any construction, alteration, repair, or other work required by the terms and conditions of the variance. The bond may provide that, if the party granted the variance fails to perform the work by the agreed date, the bond shall be forfeited to the district having jurisdiction, or the sureties shall have the option of promptly remedying the variance default or paying to the district an amount, up to the amount specified in the bond, that is necessary to accomplish the work specified as a condition of the variance.
(b)  The provisions of this section do not apply to vessels so long as the vessels are not operating in violation of any federal law enacted for the purpose of controlling emissions from combustion of vessel fuels.
(Amended by Stats. 1982, Ch. 517, Sec. 277.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42356.

42356. The hearing board may modify or revoke, by written order, any order permitting a variance.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42357.

42357. The hearing board may review and for good cause, such as a change in the availability of materials, equipment, or adequate technology, modify a schedule of increments of progress or a final compliance date in such a schedule.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42358.

42358. (a)  The hearing board, in making any order permitting a variance, shall specify the time during which such order shall be effective, in no event, except as otherwise provided in subdivision (b), to exceed one year, and shall set a final compliance date.
(b)  A variance may be issued for a period exceeding one year if the variance includes a schedule of increments of progress specifying a final compliance date by which the emissions of air contaminants of a source for which the variance is granted will be brought into compliance with applicable emission standards.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42359.

42359. Except in the case of an emergency, as determined by the hearing board, the hearing board shall hold a hearing pursuant to Chapter 8 (commencing with Section 40800) of Part 3 to determine under what conditions, and to what extent, a variance shall be granted.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42359.5.

42359.5. (a)  Notwithstanding any other provision of this article or of Article 2 (commencing with Section 40820) of Chapter 8 of Part 3, the chairman of a district hearing board, or any other member of the hearing board designated thereby, may issue, without notice and hearing, an emergency variance to an applicant.
(b)  An emergency variance may be issued for good cause, including, but not limited to, a breakdown condition. The district board in consultation with its air pollution control officer and the hearing board may adopt rules and regulations, not inconsistent with this subdivision, to further specify the conditions, and to what extent, an emergency variance may be granted.
The emergency variance shall not remain in effect longer than 30 days and shall not be granted when sought to avoid the provisions of Section 40824 or 42351.
(Amended by Stats. 1979, Ch. 239.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42360.

42360. Within 30 days of any order granting, modifying, or otherwise affecting a variance by the hearing board, or a member thereof pursuant to Section 42359. 5, either the air pollution control officer or the hearing board shall submit a copy of the order to the state board.
(Amended by Stats. 1976, Ch. 773.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42361.

42361. Any variance granted by the hearing board of a county district or a unified district, or any member of such a hearing board pursuant to Section 42359.5, applicable in an area which subsequently becomes included within a regional district, including the bay district, shall remain valid for the time specified therein or for one year, whichever is shorter, or, unless prior to the expiration of such time, the hearing board of the regional district modifies or revokes the variance.
(Amended by Stats. 1976, Ch. 773.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42362.

42362. The state board may revoke or modify any variance granted by any district if, in its judgment, the variance does not require compliance with a required schedule of increments of progress or emission standards as expeditiously as practicable, or the variance does not meet the requirements of this article.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42363.

42363. Prior to revoking or modifying a variance pursuant to Section 42362, the state board shall conduct a hearing pursuant to Chapter 8 (commencing with Section 40800) of Part 3 on the matter. The person to whom the variance was granted shall be given immediate notice of any such hearing by the hearing board, and shall be afforded an opportunity to appear at the hearing, to call and examine witnesses, and to otherwise partake as if he were a party to the hearing.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2 - Variances › Section 42364.

42364. (a)  The district board may adopt, by regulation, a schedule of fees which will yield a sum not exceeding the estimated cost of the administration of this article and for the filing of applications for variances or to revoke or modify variances. All applicants shall pay the fees required by the schedule, including, notwithstanding the provisions of Section 6103 of the Government Code, an applicant that is a publicly owned public utility.
(b)  All such fees shall be paid to the district treasurer to the credit of the district.
(Amended by Stats. 1977, Ch. 1195.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2.5 - Product Variances › Section 42365.

42365. Any person who manufactures a product may petition the hearing board for a product variance from a rule or regulation of the district pursuant to this article.
(Added by Stats. 1994, Ch. 443, Sec. 2. Effective September 7, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2.5 - Product Variances › Section 42366.

42366. A product variance is only available if, to provide effective relief, the variance is required to be granted for, and attached to, a particular product, as distinguished from the variance that may be granted to an individual petitioner pursuant to Section 42352. A product variance shall be granted only when a product does not comply with district rules or regulations and the variance is necessary for the sale, supply, distribution, or use of the product.
(Added by Stats. 1994, Ch. 443, Sec. 2. Effective September 7, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 4 - Enforcement › ARTICLE 2.5 - Product Variances › Section 42367.

42367. No product variance shall be granted pursuant to this article from a requirement for a permit to build, erect, alter, or replace any article, machine, equipment, or other contrivance pursuant to Section 42300.
(Added by Stats. 1994, Ch. 443, Sec. 2. Effective September 7, 1994.)