NORTHERN SONOMA COUNTY AIR POLLUTION CONTROL DISTRICT
RULE 615 - EMERGENCY VARIANCES
Notwithstanding other provisions of Chapter VI of these regulations, the Chairperson of the Hearing Board or any
other member of that Hearing Board designated thereby as the Hearing Officer, may issue, without notice and hearing,
an emergency variance or series of variances to an applicant. The emergency variance or series of variances shall
be in effect until the hearing to consider a request by the applicant for a variance other than an emergency variance,
but not to exceed 30 days.
- Upon receipt of a request for an emergency variance, the Control Officer shall
contact the Hearing Officer to establish a time and place for consideration of the request. The Control Officer
shall inform the applicant of such time and place.
- The applicant and Control Officer shall present testimony and evidence to the
Hearing Officer. The burden of proof shall be on the applicant to demonstrate that a breakdown or other emergency
- In order to consider the granting of an emergency variance for an extended breakdown
situation, the Hearing Officer should determine the causes of the breakdown and that the equipment failure or malfunction.
- is not the result of neglect or disregard of any air pollution control law or
rule or regulation;
- is not intentional or the result of negligence;
- is not the result of improper maintenance.
- After consideration of the emergency variance request, the Hearing Officer may
grant or deny an emergency variance. Within five working days following the granting of an emergency variance,
a written order shall be issued confirming the decision, with appropriate findings.
- No emergency variance shall be granted unless the Hearing Officer determines that:
- The emergency variance request is caused by a breakdown condition or other emergency
situation and may not be delayed until a properly noticed hearing.
- Granting of the emergency variance will not cause a public nuisance.
- Granting of the emergency variance will not create an immediate threat or hazard
to public health or safety.
- Granting of the emergency variance will not interfere with the attainment or maintenance
of any national ambient air quality standard.
- The requirements for a variance set forth in Rule 630(c) have been met.
- At any time after an emergency variance has been granted, the applicant or Control
Officer may request the Hearing Officer to revise, revoke or further condition the variance and issue an amended
written order. All procedures shall be as designated for the original hearing.
- An emergency variance shall remain in effect only as long as necessary to correct
the breakdown or emergency condition, but not to exceed the time period required for a properly noticed hearing
to consider an interim or 90-day variance in accordance with Rule 620(b), or 30 days, whichever is the shorter
- Within ten (10) days after the date of expiration of an emergency variance, the
applicant shall submit a written report to the Control Officer including, but not limited to, the following details:
- Duration of excessive emissions.
- Estimate of quantity of emissions.
- Statement of the cause of the occurrence.
- Corrective measures to be taken to prevent a recurrence.
Documentation of the breakdown condition may be required by the Control Officer.