FEATHER RIVER AIR QUALITY MANAGEMENT DISTRICT

RULE 8.1 - ARREST, NOTICE TO APPEAR
(Adopted 6/91)

The APCO and his duly authorized representatives are hereby authorized pursuant to Penal Code Section 836.5, to arrest a person without warrant whenever they have reasonable cause to believe that the person to be arrested has committed a misdemeanor in their presence, which is a violation of these Rules and Regulations.

a. In any case in which a person is arrested pursuant to the above-mentioned paragraph of this Rule and the person arrested does not demand to be taken before a magistrate, the APCO making the arrest shall prepare a written "Notice to Appear" and release the person on his promise to appear, as prescribed by Chapter 5C, Title 3, Part 2, of the Penal Code (commencing with Section 853.6). The provisions of such Chapter shall thereafter apply with reference to any proceeding based upon the issuance of a written "Notice to Appear" pursuant to this authority.




RULE 8.2 ORDERS FOR ABATEMENT (Adopted 6/91)

In accordance with Sections 42450 through 42454 of the California Health and Safety Code:
a. The District Board or District 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 of these Rules and Regulation 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 vested with all the powers and duties of the Hearing Board. Notice shall be given and the hearing 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 APCO, 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 respondent 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 Superior Court of the County of jurisdiction within the District to enjoin any person to who an order for abatement pursuant to Section 'c' of this Rule has been directed and who violates such order.