COLUSA COUNTY AIR POLLUTION CONTROL DISTRICT

REGULATION 1 - GENERAL PROVISIONS

RULE 1.6 - ORDERS FOR ABATEMENT

In accordance with the California Health and Safety Code:

a. The district board may, after notice and a hearing, issue an order for abatement whenever it finds that any person is in violation of Rules 2.10 and 2.13 of these regulations or of any order, rule or regulation prohibiting or limiting the discharge of air contaminants into the air. In holding such a hearing, the district board shall be held pursuant to Chapter 8, (commencing with Section 40800) of Part 3, of Division 26, of the California Health and Safety Code.

b. On its own motion, or upon the motion of the district board or the Air Pollution Control Officer, the Hearing Board may, after notice and a hearing, issue an order for abatement whenever it finds that any person is in violation of Rules 2.13 and 3.0 or of any order, rule or regulation prohibiting or limiting the discharge of air contaminants into the air.

c. The order for abatement shall be framed in the manner of a writ of injunction requiring the respondent to refrain from a particular act. The order may be conditional and require a resident to refrain from a particular act unless certain conditions are met. The order shall not have the effect of permitting a variance unless all the conditions of time are met.

d. A proceeding for mandatory or prohibitory injunction shall be brought by the district in the name of the people of the State of California in the Superior Court of Colusa County to enjoin any person to who an order for abatement pursuant to subsection c., of this rule, has been directed and who violates such order.