MODOC COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 5.4 - NOTICE OF HEARING
(Amended January 15, 1989)

  1. Notwithstanding any other provisions of these regulations, the Hearing Officer may issue, without notice and hearing, an emergency variance to an applicant.
  2. In the case of a hearing to consider an application for a variance or a series of variances to be in effect for a period of not more than ninety days, or an application for a modification of a schedule of increments of progress, or for an order of abatement: the Hearing Board shall serve notice of the time and place of a hearing to grant such a variance or modification upon the Control Officer, all the Northeast Plateau Air Basin Districts, ARB, the EPA, and upon the applicant or permittee, not less than ten days prior to such hearing.
  3. In the case of a hearing to consider an application for an interim variance: the Hearing Board shall serve reasonable notice of the time and place of the hearing on the Control Officer and upon the applicant.
  4. In the case of a hearing to consider an application for variance, other than a ninety-day variance, or an interim variance, or an application for a modification of a final compliance date in a variance previously granted, the notice requirements shall be as follows:
  1. The Hearing Board shall serve a notice of the time and place of a hearing to the Control Officer, all other districts in the Northeast Plateau Air Basin, the ARB, the EPA, upon the petitioner or permittee, and every person who requests such notice, not less than thirty days prior to such hearing.
  2. The Hearing Board shall also publish a notice of the hearing in at least one newspaper of general circulation within the district at least thirty days prior to the hearing.
  3. The notice shall state the time and the place of the hearing, the time when, commencing not less than thirty days prior to the hearing, and the place where the application including any proposed conditions or schedule of increments of progress is available for public inspection.