reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 5 - Gasoline Vapor Control › Section 41960.6.

41960.6. (a)  No retailer, as defined in subdivision (g) of Section 20999 of the Business and Professions Code, shall, on or after July 1, 1992, allow the operation of a pump, including any pump owned or operated by the state, or any county, city and county, or city, equipped with a nozzle from which gasoline or diesel fuel is dispensed, unless the nozzle is equipped with an operating hold open latch. Any hold open latch determined to be inoperative by the local fire marshal or district official shall be repaired or replaced by the retailer, within 48 hours after notification to the retailer of that determination, to avoid any applicable penalty or fine.
(b)  For purposes of this section, a “hold open latch” means any device which is an integral part of the nozzle and is manufactured specifically for the purpose of dispensing fuel without requiring the consumer’s physical contact with the nozzle.
(c)  Subdivision (a) does not apply to nozzles at facilities which are primarily in operation to refuel marine vessels or aircraft.
(d)  Nothing in this section shall affect the current authority of any local fire marshal to establish and maintain fire safety provisions for his or her jurisdiction.
(Added by Stats. 1991, Ch. 468, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 5 - Gasoline Vapor Control › Section 41961.

41961. The State Fire Marshal, the Division of Measurement Standards, and the Division of Occupational Safety and Health may charge a reasonable fee for certification of a gasoline vapor control system or a component thereof, not to exceed their respective estimated costs therefor. Payment of the fee may be made a condition of certification. All money collected by the State Fire Marshal pursuant to this section shall be deposited in the State Fire Marshal Licensing and Certification Fund established pursuant to Section 13137, and shall be available to the State Fire Marshal upon appropriation by the Legislature to carry out the purposes of this article.
(Amended by Stats. 1992, Ch. 306, Sec. 5. Effective January 1, 1993. Operative July 1, 1993, by Sec. 6 of Ch. 306.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 6 - Gasoline Cargo Tanks › Section 41970.

41970. (a)  As an alternative to the criminal penalties provided in Article 3 (commencing with Section 42400) of Chapter 4 in any case involving a gasoline cargo tank subject to Article 5 (commencing with Section 41950), if it appears that any person has violated any provision of this part, or any order, rule, or regulation of the state board or of a district adopted pursuant to this part, and all of the conditions set forth in subdivision (b) are met and the investigating officer or official decides to initiate enforcement action, he or she may prepare, in triplicate, and the alleged violator shall sign, a written notice to appear containing the following statement: “Cited in accordance with Section 41970 of the Health and Safety Code.” If the arrested person presents, by mail or in person, proof of correction as prescribed in Section 41971 on or before the date on which he or she promised to appear, the court shall dismiss the applicable charges.
(b)  Use of the notice to appear pursuant to this article is authorized when both of the following conditions exist:
(1)  The violation does not evidence intentional avoidance or persistent neglect.
(2)  The violation has not presented and does not present an immediate safety hazard.
(Added by Stats. 1980, Ch. 1134.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 6 - Gasoline Cargo Tanks › Section 41971.

41971. Proof of correction shall consist either of a verification pursuant to Section 41972 or of a certification by an authorized representative of one of the following agencies that the alleged violation has been corrected:
(a) The state board.
(b) The State Fire Marshal.
(c) The district board.
(d) The Department of the California Highway Patrol.
(Amended by Stats. 1982, Ch. 1255, Sec. 2.3. Operative July 1, 1983, or sooner, by Sec. 27.5 of Ch. 1255.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 6 - Gasoline Cargo Tanks › Section 41972.

41972. (a)  Proof of correction by verification shall consist of a verification by the owner or operator of the gasoline cargo tank that the alleged violation has been corrected. The owner or operator shall notify the agency which issued the notice to appear at least 24 hours in advance of the time when the correction may be inspected, specifying the location of the gasoline cargo tank.
If a representative of the issuing agency fails to appear to make the inspection at the designated place and time, the owner or operator shall prepare and submit a verification under penalty of perjury that the alleged violation has been corrected.
The state board shall adopt regulations for the making and submission of verifications pursuant to this section.
(Added by Stats. 1980, Ch. 1134.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 6 - Gasoline Cargo Tanks › Section 41973.

41973. Each day that a gasoline cargo tank, which is the subject of a notice to appear issued pursuant to this article, is operated without correction of such violation subsequent to the date of the notice shall constitute a separate offense subject to the penalties provided in Article 3 (commencing with Section 42400) of Chapter 4.
(Added by Stats. 1980, Ch. 1134.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 6 - Gasoline Cargo Tanks › Section 41974.

41974. (a)  Except as provided in subdivision (b), Article 3 (commencing with Section 42400) of Chapter 4 shall apply to any gasoline cargo tank subject to Article 5 (commencing with Section 41950).
(b)  The other provisions of this article shall not apply to any gasoline cargo tank violation of that Article 5 occurring prior to January 1, 1981.
(Added by Stats. 1980, Ch. 1134.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 7 - Incineration of Toxic Waste Materials › Section 41980.

41980. The Legislature finds and declares that:
(a)  Incineration has not been used extensively in California as a means of disposal of toxic waste materials, primarily because of the extensive area available for landfill, the low cost of landfill as a method of disposal, and problems with air pollution.
(b)  Because problems may result from disposing of certain toxic waste materials in landfills, incineration should be investigated as a method of disposal.
(c)  Incineration of certain toxic waste materials has the advantage, when compared to disposal by landfill, of breaking down toxic waste materials into harmless compounds or elements.
(d)  The incineration of certain toxic waste materials can result in the net production of energy, which can help to displace the combustion of fossil fuels and reduce dependence on imported energy supplies.
(e)  Improper or incomplete incineration of toxic waste materials can result in emissions of compounds in amounts or concentrations which may be hazardous to public health, and hazardous to economically or environmentally significant animal or plant life.
Therefore, it is the intent and purpose of the Legislature to investigate the methods of ensuring that emissions from incineration of toxic wastes do not endanger public health and welfare, while determining what appropriate role incineration could play in reducing the landfilling of toxic waste materials in California.
(Added by Stats. 1982, Ch. 1474, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 7 - Incineration of Toxic Waste Materials › Section 41980.5.

41980.5. For purposes of this article, “toxic waste” means hazardous waste, as defined in Section 25117.
(Added by Stats. 1982, Ch. 1474, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 7 - Incineration of Toxic Waste Materials › Section 41982.

41982. The state board shall, after completing the study referred to in Section 41981, in consultation with the affected districts, the Department of Toxic Substances Control, and the Office of Environmental Health Hazard Assessment, and after public hearings, establish guidelines for the issuance of permits by the districts for the incineration of toxic waste materials. The guidelines shall take into consideration factors including, but not limited to, the following:
(a)  The characteristics of the toxic waste materials to be incinerated.
(b)  The methods or equipment available to minimize or eliminate the emission of air contaminants.
(c)  The applicable federal standards, including, but not limited to, the regulations in Part 264 of Title 40 of the Code of Federal Regulations (40 CFR 264) concerning standards for owners and operators of hazardous waste treatment, storage, and disposal facilities. Where the guidelines deviate from the adopted federal standards, the reason for the difference shall be noted by the state board.
(Amended by Stats. 2000, Ch. 343, Sec. 19. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 7 - Incineration of Toxic Waste Materials › Section 41983.

41983. (a)  This article shall not be construed as preventing any district from establishing permit criteria more stringent than the guidelines specified in Section 41982.
(b)  This article shall not be construed as limiting the authority of the Department of Toxic Substances Control concerning hazardous waste control (Chapter 6.5 (commencing with Section 25100) of Division 20), or any regulations adopted pursuant to those provisions.
(Amended by Stats. 2000, Ch. 343, Sec. 20. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 8 - Indoor Air Cleaning Devices › Section 41985.

41985. The Legislature finds and declares all of the following:
(a) Ozone is a harmful air pollutant and lung irritant that has serious health impacts at current levels in outdoor air. The state board has determined that each year exposure to ozone results in significant numbers of premature deaths, hospitalizations due to respiratory and cardiac illnesses, emergency room visits for asthma for children under 18 years of age, school absences, and restricted activity days.
(b) Ozone exposure poses a serious health hazard, whether exposure is from outdoor or indoor sources.
(c) Research has demonstrated that long-term exposure to ozone may permanently damage lung tissue and reduce a person’s breathing ability.
(d) According to recent studies, ozone-generating air cleaning devices have produced harmful levels of ozone indoors, up to three times the state outdoor air quality standard of 90 parts per billion within an hour or two of operation.
(e) Ozone is not an effective cleaner for indoor air when operated at levels that are safe for human occupation. Independent studies cited by the United States Environmental Protection Agency and the Consumers Union have shown that ozone-generating air cleaning devices do not destroy microbes or reduce indoor air pollutants effectively enough to provide any measurable health benefits.
(f) The state board, the State Department of Health Services, and other governmental agencies have issued warnings to advise the public not to use devices that are specifically designed to generate ozone indoors and advertised or marketed as air cleaning devices.
(g) Ozone emitted from indoor air cleaning devices poses an unnecessary risk to public health, and, therefore, it is the intent of the Legislature that the state board establish regulations to promote improved public health by restricting ozone emissions generated by these devices.
(Added by Stats. 2006, Ch. 770, Sec. 1. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 8 - Indoor Air Cleaning Devices › Section 41985.5.

41985.5. For purposes of this article, the following terms have the following meanings:
(a) “Federal ozone emissions limit for air cleaning devices” means the level of generation of ozone above which the device would be considered adulterated or misbranded pursuant to Section 801.415 of Title 21 of the Code of Federal Regulations, specifically the generation of ozone at a level in excess of 0.05 part per million by volume of air circulating through the device or causing an accumulation of ozone in excess of 0.05 part per million by volume of air when measured under standard conditions at 25 degrees Celsius (77 degrees Fahrenheit) and 760 millimeters of mercury in the atmosphere of enclosed space intended to be occupied by people for extended periods of time.
(b) “Medical device” means “device” as defined in subsection (h) of Section 321 of Title 21 of the United States Code.
(Added by Stats. 2006, Ch. 770, Sec. 1. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 9.1 - Nontoxic Dry Cleaning Incentive Program › Section 41998.

41998. (a)  (1)  The state board shall impose a three dollar ($3.00) per gallon fee on every manufacturer of percholorethylene in the state and on every person that imports perchloroethylene into the state for use in dry cleaning.
(2)  The amount of the fee imposed pursuant to paragraph (1) shall increase by one dollar ($1.00) per gallon on January 1, 2005, and shall increase by one dollar ($1.00) each subsequent year, until January 1, 2013, inclusive.
(b)  Moneys generated by the fee imposed pursuant to subdivision (a) shall be deposited in the Nontoxic Dry Cleaning Incentive Trust Fund, which is hereby established in the State Treasury.
(c)  Moneys deposited in the Nontoxic Dry Cleaning Incentive Trust Fund are available for expenditure by the state board, upon appropriation by the Legislature, to fund the grant program described in Section 41999 and to fund the demonstration project described in subdivision (f) of Section 41999. The state board shall allocate, from the moneys derived from the imposition of the fee pursuant to this section, moneys that it determines are sufficient to fund the demonstration project described in subdivision (f) of Section 41999, and shall utilize the remaining moneys to fund the grant program.
(d)  Not more than 5 percent of the moneys in the fund, calculated annually, may be utilized by the state board to administer the grant and demonstration programs.
(e)  The state board shall expend moneys from the fund, upon appropriation by the Legislature, sufficient to repay any General Fund moneys expended to implement the requirements of this article.
(Added by Stats. 2003, Ch. 821, Sec. 2. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 9.1 - Nontoxic Dry Cleaning Incentive Program › Section 41999.

41999. (a) The state board shall develop and establish a grant program that provides incentives for dry cleaners in the state that utilize perchloroethylene in their operations to transition to utilizing dry cleaning systems determined by the state board, in consultation with the Office of Environmental Health Hazard Assessment, the State Water Resources Control Board, the Department of Toxic Substances Control, and any other entity the state board determines to be appropriate, to be nontoxic and nonsmog-forming.
(b) To be eligible for a grant pursuant to this section, applicants shall completely replace their perchlorethylene-based dry cleaning system with a system that the state board, in consultation with the Office of Environmental Health Hazard Assessment, the State Water Resources Control Board, the Department of Toxic Substances Control, and any other entity the state board determines to be appropriate, has determined to be nontoxic and nonsmog-forming. The state board shall determine the eligibility of grant recipients.
(c) The state board shall make grants available in the amount of ten thousand dollars ($10,000) to any eligible dry cleaning operation for the purchase of a professional dry cleaning system that uses a nontoxic and nonsmog-forming process, as determined by the state board, in consultation with the Office of Environmental Health Hazard Assessment, the State Water Resources Control Board, the Department of Toxic Substances Control, and any other entity the state board determines to be appropriate.
(d) The state board shall ensure that at least 50 percent of the grant moneys provided pursuant to this section are awarded in a manner that directly reduces air contaminants or reduces the public health risk associated with air contaminants in communities with the most significant exposure to air contaminants or localized air contaminants, or both, including, but not limited to, communities of minority populations or low-income populations, or both.
(e) Commencing January 1, 2007, and every three years thereafter, the state board shall provide a report to the Legislature evaluating the effectiveness of the grant program.
(f) The state board shall establish a demonstration program to showcase professional nontoxic and nonsmog-forming dry cleaning technologies in the state. The demonstration program shall require 50 percent matching funds to cover the costs of the demonstration program. Any entity may contribute moneys as matching funds, including, but not limited to, a state or federal agency, an air pollution control district or air quality management district, a public utility district, or a nonprofit entity. Not more than 30 percent of the funds deposited annually in the Nontoxic Dry Cleaning Incentive Trust Fund may be used for the demonstration program.
(Amended by Stats. 2011, Ch. 296, Sec. 164. (AB 1023) Effective January 1, 2012.)
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 42300.

42300. (a)  Every district board may establish, by regulation, a permit system that requires, except as otherwise provided in Section 42310, that before any person builds, erects, alters, replaces, operates, or uses any article, machine, equipment, or other contrivance which may cause the issuance of air contaminants, the person obtain a permit to do so from the air pollution control officer of the district.
(b)  The regulations may provide that a permit shall be valid only for a specified period. However, the expiration date of any permit shall be eligible for extension upon completion of the annual review required pursuant to subdivision (e) of Section 42301 and payment of the fees required pursuant to Section 42311, unless the air pollution control officer or the hearing board has initiated action to suspend or revoke the permit pursuant to Section 42304, 42307, or 42309, that action has resulted in a final determination by the officer or the board to suspend or revoke the permit, and all appeals have been exhausted or the time for appeals from that final determination has been exhausted.
(c)  The annual extension of a permit’s expiration date pursuant to subdivision (b) does not constitute permit issuance, renewal, reopening, amendment, or any other action subject to the requirements specified in Title V.
(Amended by Stats. 1994, Ch. 727, Sec. 4. Effective January 1, 1995.)
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 42300.1.

42300.1. (a)  A district board may issue a consolidated permit which serves as (1) authority to build, erect, alter, or replace an article, machine, equipment, or contrivance which may cause the issuance of air contaminants, and (2) authority to operate or use that article, machine, equipment, or contrivance.
(b)  If a district issues consolidated permits, the district shall establish postconstruction enforcement procedures adequate to ensure that sources are built, erected, altered, replaced, and operated or used in the manner required by the consolidated permits.
(Added by Stats. 1992, Ch. 1126, Sec. 2. 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 1 - Permits › Section 42300.2.

42300.2. A district may establish a program to certify private environmental professionals to prepare permit applications. The program shall provide for all of the following:
(a)  Certification by the district of private environmental professionals who meet minimum qualifications established by the district and who successfully complete a district or district-approved training program in the methods of preparing permit applications. The training program shall include a description of permit requirements established by the district, as well as any additional requirements established by the district for applications submitted by certified private environmental professionals.
(b)  Expedited review by district personnel of permit applications that, at the option and expense of the permit applicant, are prepared by a certified private environmental professional.
(c)  An audit program, including periodic full district review of permit applications prepared by certified private environmental professionals, to determine whether or not district requirements for the preparation of applications have been followed.
(d)  Decertification of any certified private environmental professional found by the district to have done any of the following:
(1)  Knowingly or negligently submitted false data as part of a permit application.
(2)  Prepared any permit application in a manner contrary to district requirements.
(3)  Prepared a permit application in connection with which the certified private environmental professional has a financial conflict of interest as defined in guidelines which shall be adopted by the district.
(Added by Stats. 1992, Ch. 1126, Sec. 3. 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 1 - Permits › Section 42301.1.

42301.1. Whenever necessary and appropriate to ensure compliance with all applicable conditions prior to issuance of a permit to operate an article, machine, equipment, or contrivance, a district may issue a temporary permit to operate. The temporary permit to operate shall specify a reasonable period of time during which the article, machine, equipment, or contrivance may be operated in order for the district to determine whether it will operate in accordance with the conditions specified in the authority to construct.
(Added by Stats. 1988, Ch. 1568, Sec. 28.)
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 42301.2.

42301.2. A district shall not require emission offsets for any emission increase at a source that results from the installation, operation, or other implementation of any emission control device or technique used to comply with a district, state, or federal emission control requirement, including, but not limited to, requirements for the use of reasonably available control technology or best available retrofit control technology, unless there is a modification that results in an increase in capacity of the unit being controlled.
(Added by Stats. 1996, Ch. 771, 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 1 - Permits › Section 42301.5.

42301.5. (a)  Any article, machine, equipment, or contrivance that may emit into the ambient air any toxic air contaminant identified pursuant to Section 39662 shall comply with any regulation adopted by the state board or a district requiring a reduction in emissions of that contaminant or chemical from the article, machine, equipment, or contrivance consistent with a reasonable schedule of compliance, as determined by the state board or the district.
(b)  (1)  Any article, machine, equipment, or contrivance that is located within a district that is designated by the state board as a nonattainment area for any national ambient air quality standard and for which an authority to construct is issued on or after January 1, 1988, shall comply with any district regulation that is adopted after December 31, 1982, and that requires a reduction in emissions of any air pollutant, including any precursor of an air pollutant, that interferes with the attainment of the standard, from that article, machine, equipment, or contrivance consistent with a reasonable schedule of compliance, as determined by the district.
(2)  In determining a schedule of compliance under this subdivision, the district shall consider the extent to which the proposed schedule will adversely affect the ability of the facility owner or operator to amortize the capital costs of pollution control equipment purchased within the preceding five years.
(Amended by Stats. 2000, Ch. 890, Sec. 39. 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 42301.7.

42301.7. (a)  If the air pollution control officer determines there is a reasonably foreseeable threat of a release of an air contaminant from a source within 1,000 feet of the boundary of a school that would result in a violation of Section 41700 and impact persons at the school, the officer shall, within 24 hours, notify the administering agency and the fire department having jurisdiction over the school.
(b)  The administering agency may, in responding to a reasonably foreseeable threat of a release, do any of the following:
(1)  Review the facility’s risk management and prevention plan prepared pursuant to Section 25534 to determine whether the program should be modified, and, if so, require submission of appropriate modifications. Notwithstanding any other provision of law, the administering agency may order modification and implementation of a revised risk management and prevention plan at the earliest feasible date.
(2)  If the facility has not filed a risk management and prevention plan with the administering agency, require the preparation and submission of a plan to the administering agency pursuant to Section 25534. Notwithstanding any other provision of law, the administering agency may require the filing of a risk management and prevention plan and its implementation at the earliest feasible date.
(c)  The air pollution control officer may, in responding to a reasonably foreseeable threat of a release, do any of the following:
(1)  If necessary, issue an immediate order to prevent the release or mitigate the reasonably foreseeable threat of a release in violation of Section 41700 pending a hearing pursuant to Section 42450 when there is a substantial probability of an injury to persons at a school resulting from a release that makes it reasonably necessary to take immediate action to prevent, reduce, or mitigate that injury. The officer may not issue such an order unless there is written concurrence to issue the order by a representative of the administering agency.
(2)  Apply to the district board for issuance of an order for abatement pursuant to Section 42450.
(d)  Nothing in this section limits any existing authority of any district.
(Added by Stats. 1988, Ch. 1589, Sec. 9.)
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 42301.8.

42301.8. Upon receiving a request, for good cause, from the principal or an authorized representative of the principal of a school, the district shall, within 24 hours, respond to the request and notify the administering agency and the fire department having jurisdiction over the school. The administering agency, upon receiving such a request, shall notify the district within 24 hours.
(Added by Stats. 1988, Ch. 1589, Sec. 10.)
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 42301.9.

42301.9. For the purposes of Sections 42301.5 to 42301.8, inclusive:
(a)  “School” means any public or private school used for purposes of the education of more than 12 children in kindergarten or any of grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
(b)  “Air contaminant” means any contaminant defined pursuant to Section 39013.
(c)  “Administering agency” means an agency designated pursuant to Section 25502.
(d)  “Handle” means handle as defined in Article 1 (commencing with Section 25500) of Chapter 6.95 of Division 20 of the Health and Safety Code.
(Amended by Stats. 2000, Ch. 890, Sec. 40. 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 42301.10.

42301.10. In any district that has a permit system established pursuant to Section 42300, the air pollution control officer may include, in any permit issued to a Title V source, emission limits, standards, and other requirements that ensure compliance with all federal Clean Air Act “applicable requirements,” as that term is defined in regulations adopted by the Environmental Protection Agency pursuant to Title V, including those requirements specified in an applicable implementation plan as defined by Section 7602(q) of Title 42 of the United States Code, and Parts C (42 U.S.C. Sec. 7470 et seq.) and D (42 U.S.C. Sec. 7501 et seq.) of Title 1 of the Clean Air Act.
(Added by Stats. 1993, Ch. 1166, Sec. 8. 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 - Permits › Section 42301.11.

42301.11. It is the intent of the Legislature that, in addition to their responsibilities and obligations under state and federal law, in implementing Title V, districts do all of the following, to the extent feasible:
(a)  Develop, in recognition that districts are obligated to issue one-third of the Title V permits within one year of the Title V program’s approval by the Environmental Protection Agency, and in recognition that sources are allowed one year to submit a Title V permit application, an equitable program for ensuring that all sources receive as much time as feasible to develop and submit permit applications. In developing the program the districts shall recognize the complexity and size of the facilities, the number and similarity of facilities within each industry category, the level of effort required to develop the permit application, and the resources available to complete the application. The districts should also consider potential incentive programs to promote voluntary early permit application submissions.
(b)  Consider the advantages and disadvantages of including the permit shield authorized by subsection (f) of Section 70.6 of Title 40 of the Code of Federal Regulations in all Title V permits to clarify the federal compliance responsibilities of Title V sources.
(c)  Consistent with state and federal regulations, allow the use of emission monitoring alternatives, when available and having the accuracy required to ensure enforcement and compliance, in lieu of the use of continuous emission monitors.
(d)  Encourage the issuance of Title V permits for five-year terms.
(Amended by Stats. 1994, Ch. 727, Sec. 6. Effective January 1, 1995.)
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 42301.13.

42301.13. (a)  Notwithstanding any other provision of law, a district shall not require, as part of its permit system or otherwise, that any form of emission offset or emission credit be provided to offset emissions resulting from any activity related to, or involved in, the demolition or removal of a stationary source.
(b)  (1)  Notwithstanding any other provision of law regulating a district permit system, an owner or operator of an existing portable emissions unit may relocate that equipment within the same air basin if both of the following requirements are met:
(A)  The owner or operator provides, not less than 30 days prior to the date that the equipment is relocated, written notice to the district with jurisdiction over the location to which the equipment is relocated, and any additional notice required by federal law.
(B)  The existing permit conditions are at least as stringent as the permit requirements in the district with jurisdiction over the location to which the equipment is relocated.
(2)  For purposes of this subdivision, “portable emissions unit” means any article, machine, or other contrivance, including an internal combustion engine, that meets all of the following criteria:
(A)  Emits or may emit, or results in the emission of, any air contaminant.
(B)  Either by itself, or as part of another piece of equipment, is designed to be, and is capable of, being moved from one location to another.
(C)  Must be periodically moved from one location to another because of the nature of the operation in which it is used.
(c)  Any equipment that is relocated pursuant to subdivision (b) remains subject to all previously imposed permit terms and conditions. If the permitted equipment that is relocated is placed into substantially the same service that it was placed into at its previous location, a district shall not impose any new permit terms or conditions on that equipment, except site-specific terms and conditions or public notice requirements.
(Added by Stats. 1996, Ch. 284, Sec. 1. 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 1 - Permits › Section 42301.15.

42301.15. Each district shall adopt an expedited program for the permitting of standby electrical generation facilities, distributed generation facilities, geothermal facilities, including wells, and, where applicable, natural gas transmission facilities, that ensures those facilities will be operated in a manner that protects public health and air quality. Upon request by a district, the Independent System Operator and the Public Utilities Commission shall provide any information necessary, as determined by the district, to implement this section.
(Added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 2. Effective May 22, 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 42301.16.

42301.16. (a)  In addition to complying with the requirements of this chapter, a permit system established by a district pursuant to Section 42300 shall ensure that any agricultural source that is required to obtain a permit pursuant to Title I (42 U.S.C. Sec. 7401 et seq.) or Title V (42 U.S.C. Sec. 7661 et seq.) of the federal Clean Air Act is required by district regulation to obtain a permit in a manner that is consistent with the federal requirements.
(b)  Except as provided in subdivision (c), a district shall require an agricultural source of air pollution to obtain a permit unless it makes all of the following findings in a public hearing:
(1)  The source is subject to a permit requirement pursuant to Section 40724.6.
(2)  A permit is not necessary to impose or enforce reductions of emissions of air pollutants that the district shows cause or contribute to the violation of a state or federal ambient air quality standard.
(3)  The requirement for the source or category of sources to obtain a permit would impose a burden on those sources that is significantly more burdensome than permits required for other similar sources of air pollution.
(c)  Prior to requiring a permit for an agricultural source of air pollution with actual emissions that are less than one-half of any applicable emissions threshold for a major source in the district for any air contaminant, but excluding fugitive dust, a district shall, in a public hearing, make all of the following findings:
(1)  The source is not subject to a permit requirement pursuant to Section 40724.6.
(2)  A permit is necessary to impose or enforce reductions of emissions of air pollutants that the district shows cause or contribute to a violation of a state or federal ambient air quality standard.
(3)  The requirement for a source or category of sources to obtain a permit would not impose a burden on those sources that is significantly more burdensome than permits required for other similar sources of air pollution.
(Amended by Stats. 2015, Ch. 303, Sec. 322. (AB 731) Effective January 1, 2016.)
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 42301.17.

42301.17. (a)  A district may adopt by regulation a program under which the district does not require a permit to be obtained by an agricultural source of air pollution that the district may otherwise require to obtain a permit if the owner or operator of the source has taken the following actions to reduce emissions from the source:
(1)  Removed all internal combustion engines used in the production of crops or the raising of fowl or animals, except an engine that is used to propel implements of husbandry, at the source and replaced them with engines that meet or exceed the most stringent standards adopted by the state board and the United States Environmental Protection Agency for new internal combustion engines.
(2)  Reduced or mitigated emissions from all agricultural activities, including, but not limited to, tilling, discing, cultivation, the raising of livestock and fowl, and similar activities, to a level that the district determines does not cause, or contribute to, a violation of a state or federal ambient air standard, toxic air contaminant, or other air emission limitation.
(3)  Reduced or mitigated all emissions from any farm equipment, underground petroleum fuel tanks, or other similar equipment used in agricultural activities to a level that the district determines does not cause or contribute to a violation of a state or federal ambient air standard, toxic air contaminant, or other air emission limitation.
(4)  Complied with any other conditions required by state or federal law or district rule or regulation for the source.
(b)  Subdivision (a) does not apply to those permits required to be issued pursuant to Title I (42 U.S.C. Sec. 7401 et seq.) or Title V (42 U.S.C. Sec. 7661 et seq.).
(Added by Stats. 2003, Ch. 479, Sec. 10. Effective January 1, 2004.)
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 42301.18.

42301.18. (a)  Any agricultural source that existed prior to January 1, 2004, that becomes subject to a permit requirement pursuant to a district rule or regulation that was adopted prior to that date shall be permitted as an existing source and not as a new source.
(b)  Any agricultural source that is an existing source pursuant to subdivision (a) shall be permitted by the district based upon its maximum potential to emit air contaminants, to the extent that level can be determined, as of January 1, 2004.
(c)  A district may not require an agricultural source to obtain emissions offsets for criteria pollutants for that source if emissions reductions from that source would not meet the criteria for real, permanent, quantifiable, and enforceable emission reductions.
(Added by Stats. 2003, Ch. 479, Sec. 11. Effective January 1, 2004.)
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 42302.

42302. An applicant for a permit that has been denied may request, within 30 days after receipt of the notice of the denial, the hearing board of the district to hold a hearing on whether the permit was properly denied.
(Amended by Stats. 1999, Ch. 643, Sec. 11. Effective January 1, 2000.)
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 42302.1.

42302.1. Within 30 days of any decision or action pertaining to the issuance of a permit by a district, or within 30 days after mailing of the notice of issuance of the permit to any person who has requested notice, or within 30 days of the publication and mailing of notice provided for in Section 1 of Chapter 1131 of the Statutes of 1993, any aggrieved person who, in person or through a representative, appeared, submitted written testimony, or otherwise participated in the action before the district may request the hearing board of the district to hold a public hearing to determine whether the permit was properly issued. Except as provided in Section 1 of Chapter 1131 of the Statutes of 1993, within 30 days of the request, the hearing board shall hold a public hearing and shall render a decision on whether the permit was properly issued.
(Amended by Stats. 1999, Ch. 643, Sec. 12. Effective January 1, 2000.)
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 42303.

42303. An air pollution control officer, at any time, may require from an applicant for, or the holder of, any permit provided for by the regulations of the district board, such information, analyses, plans, or specifications which will disclose the nature, extent, quantity, or degree of air contaminants which are, or may be, discharged by the source for which the permit was issued or applied.
(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 42303.2.

42303.2. (a) (1) An air pollution control officer, at any time, may, for the purpose of permitting or enforcement actions, require from the in-state or out-of-state supplier, wholesaler, or distributor of volatile organic compounds or chemical substances the use of which results in air contaminants subject to regulation or enforcement by the district, customer lists and chemical types and quantities of those compounds and substances as specified by the district pursuant to subdivision (b) that are purchased by, or on order for, a specified source operator within the district.
(2) The supplier, wholesaler, or distributor shall disclose the information required pursuant to this section to the district.
(b) Prior to implementing subdivision (a), an air pollution control officer shall prepare a comprehensive list of volatile organic compounds or chemical substances, the use of which results in the emission of air contaminants that are subject to regulation or enforcement by the district.
(c) (1) Any officer or employee of the district or of a district contractor, or former officer or employee, who, by virtue of that employment or official position has possession of, or has access to, any confidential information that is a trade secret, customer list, or supplier name acquired pursuant to this section, and who, knowing that the disclosure of the information to the general public is prohibited by this section, knowingly and willfully discloses the information in any manner to any person not entitled to receive it, is guilty of a misdemeanor punishable by a six month county jail term and a fine not to exceed one thousand dollars ($1,000).
(2) Any officer or employee of the district or of a district contractor, or former officer or employee, who, by virtue of that employment or official position has possession of, or has access to, any other confidential information acquired pursuant to this section, and who, knowing that the disclosure of the information to the general public is prohibited by this section, knowingly and willfully discloses the information in any manner to any person not entitled to receive it, is guilty of a misdemeanor punishable by a 10-day county jail term or a fine not to exceed five hundred dollars ($500).
(d) The penalties provided in subdivision (c) shall be in addition to any existing civil penalties and remedies available under the law.
(e) Except for the purposes of any enforcement or permit action, and except for information obtained from an independent source, all information received or compiled by an air pollution control officer from a supplier, wholesaler, or distributor pursuant to subdivision (a) is confidential for the purposes of Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, and shall not be disclosed.
(Amended by Stats. 2021, Ch. 615, Sec. 261. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
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 42303.5.

42303.5. No person shall knowingly make any false statement in any application for a permit, or in any information, analyses, plans, or specifications submitted in conjunction with the application or at the request of the air pollution control officer.
(Added 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 1 - Permits › Section 42304.

42304. If, within a reasonable time, the holder of any permit issued by a district board willfully fails and refuses to furnish the information, analyses, plans, or specifications requested by the district air pollution control officer, such officer may suspend the permit. Such officer shall serve notice in writing of such suspension and the reasons therefor on the permittee.
(Added by Stats. 1975, Ch. 957.)