MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT

RULE 504 - PETITIONS FOR VARIANCES
(Adopted: August 1, 1975)

In addition to the matters required by Rule 503, petitions for variances shall state briefly:

(a) The section, rule, or order from which a variance is sought.

(b) The facts showing why compliance with the section, rule, or order is unreasonable.

(c) For what period of time and dates the variance is sought.

(d) The damage or harm which would result to petitioner from compliance with such section, rule, or order.

(e) Except in a petition for an interim or emergency variance, a final compliance date specifying when petitioner will be in compliance with the section or rule from which a variance is sought.

(f) If the final compliance date required in subsection (e) is one year or more after the date set for hearing (other than the hearing for an emergency or interim variance) then petitioner shall attach to his petition a proposed schedule of increments of progress as defined by Health and Safety Code Section 39051.

(g) Both the advantages and disadvantages to the residents of the District resulting from requiring compliance or resulting from granting a variance.

(h) Whether or not any case involving the same identical equipment or process is pending in any court, civil or criminal.

(i) Whether or not the subject equipment or process is covered by a permit to operate issued by the Air Pollution Control Officer, whether or not such permit has been denied or revoked, or whether the subject equipment is exempt from permit requirements.

(j) Whether the subject equipment was constructed in conformance with an authority to construct, or whether the subject equipment is exempt from such requirement.