SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 1421 - PERMIT CONDITIONS
(Adopted 1/18/94: Revised 3/7/95)

(a) CONDITIONS AND COMPLIANCE SCHEDULES AUTHORIZED

A permit to operate shall include any conditions that are necessary to ensure compliance with these Rules and Regulations and applicable state and federal laws and regulations. Subject to the limitations set forth in Rule 1420(b), new conditions may be imposed when a permit to operate is issued. New conditions shall be imposed to require that the permittee shall submit reports at least once every six months which summarize the results of all monitoring and recordkeeping required.

Any conditions or increments of progress associated with any compliance schedule that is made a part of a permit to operate shall be in writing, shall become part of the permit to operate, and shall be complied with at all times. The permit shall require progress reports describing the status of compliance with increments of progress prescribed in the compliance schedule to be submitted not less frequently than semi-annually.

Commencing or continuing operation under a permit to operate shall be deemed acceptance of all the conditions specified in the permit. This does not limit the right of the applicant to seek judicial review or seek federal EPA review of a permit term or condition.

(b) PERMIT CONTENT
 

  1. Each permit shall include the following elements:

 

 

  1. Each permit shall include the following compliance requirements:

 

 

  1.  The Air Pollution Control Officer shall specifically designate as being federally enforceable under the federal Clean Air Act any terms and conditions of the permit that are required under the federal Clean Air Act or applicable requirement. All terms and conditions of the permit specifically designated as federally enforceable shall be enforceable by EPA and the public (through judicial review or petitions to the Administrator) under the federal Clean Air Act.

(c) STATE AND LOCAL ENFORCEMENT

Any person who fails to comply with any condition imposed shall be liable to penalty pursuant to Division 26, Part 4, Chapter 4, Article 3, of the State of California Health and Safety Code.

(d) FEDERAL ENFORCEABILITY

Any permit conditions imposed pursuant to this rule and identified by the Air Pollution Control Officer as federally enforceable shall be enforceable by the federal EPA and any of its authorized employees or agents, and by citizens to the extent provided in the federal Clean Air Act. (As with any permit condition, these permit conditions are also enforceable by state and local authorities.) Forbearance from enforcement of such provisions by the Air Pollution Control Officer shall not limit the enforcement authority of the federal EPA, or citizens.

The Air Pollution Control Officer may designate as federally enforceable only those permit conditions that identify, describe, or define applicable requirements that are federally enforceable by operation of law or that the applicant requests be made federally enforceable in order to create a voluntary emissions cap. Except as provided herein, the Air Pollution Control Officer may not use the process to attach federal enforcement authority to permit conditions that would not otherwise have been federally enforceable.

A requirement that is federally enforceable by operation of law apart from the permit process will continue to be federally enforceable despite the failure of the Air Pollution Control Officer to designate the requirement as federally enforceable.

The Air Pollution Control Officer shall act promptly to reopen a permit if the Air Pollution Control Officer determines that the permit does not designate any permit term, condition, or applicable requirement as federally enforceable that was federally enforceable prior to the granting of the permit or which became federally enforceable after the granting of the permit. In the latter case, the permit shall not be reopened if the remaining life of the permit is less than three years.

Where a permit condition is designated as federally enforceable, any enforcement undertaken by the federal EPA or a citizen shall have full force of any and all legal recourse and penalties the federal EPA or a court of law are empowered to impose pursuant to authority granted in the federal Clean Air Act and the Code of Federal Regulations.