LASSEN COUNTY AIR POLLUTION CONTROL DISTRICT
RULE 5:16 - HEARING AND DECISION
All hearings shall be held by three or more members of the Board, and the concurrence of three members shall be
necessary for a decision. The decision shall be in writing served and filed within fifteen (15) days after submission
of the cause by the parties thereto and shall contain a brief statement of facts found to be true, the determination
of the issues presented, and the order of the Hearing Board. A copy shall be mailed or delivered to the Control
Officer, EPA, Air Resources Board, the petitioner and to every person who has filed an answer or who has appeared
as a party in person or by counsel at the hearing.
- After a hearing, the Hearing Board may do any of the following:
- Grant a permit denied by the Control Officer.
- Continue the suspension of a permit suspended by the Control Officer.
- Remove the suspension of an existing permit invoked by the Control Officer pending the furnishings by the permittee
of the information, analyses, plans, and specifications required.
- Find that no violation exists and reinstate an existing permit.
- Revoke an existing permit, if it finds any of the following:
- The permittee has failed to correct any conditions required by the Control Officer.
- A refusal of a permit would be justified.
- Fraud or deceit was employed in the obtaining of the permit.
- Any violation of this part, or of any order, rule, or regulation of the district.
- Grant a variance in accordance with the conditions as further specified in this rule.
- No variance shall be granted unless the Hearing Board makes all of the following findings:
- That the petitioner for a variance is or will be in violation of a provision of the California Health and Safety
Code or of any rule, regulation or order of the District.
- That due to conditions beyond the reasonable control of the petitioner, requiring compliance would result in
either an arbitrary or unreasonable taking of property, or the practical closing and elimination of a lawful business.
- That such closing or taking would be without a corresponding benefit in reducing air contaminants.
- Upon making the specific findings set forth in Rule 5:16, the Hearing Board 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.
- The Hearing Board may require, as a condition of granting a variance, that a cash bond, or a bond executed
by two or more good and sufficient sureties or by a corporate surety, 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 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 Rule 5:16 (h), to exceed one year, and shall set
a final compliance date.
- 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.
- The Hearing Board may rehear a decision if a party petitions for a rehearing within 10 days after a copy of
the decision has been mailed to him.