SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 25 - APPEALS
(Effective 1/1/69; Rev. Effective 6/21/00)

(a) APPEALS OF DENIAL OF PERMIT OR CERTIFICATE

    (1) Within 30 days after the Air Pollution Control Officer has notified the applicant of denial or conditional approval of a Permit or Certificate, the applicant may file a petition with the Hearing Board, in writing, for a public hearing.

    (2) Such petition shall state with reasonable particularity the grounds therefor and shall be signed under penalty of perjury.

    (3) Within 30 days of filing such a petition, the Hearing Board shall hold a noticed public hearing whether to sustain, reverse or modify the action of the Air Pollution Control Officer. Such order may be made subject to specified conditions.

(b) APPEALS OF ISSUANCE OF PERMIT OR CERTIFICATE

    (1) Within 30 days of any decision or action pertaining to the issuance of a Permit or Certificate or within 30 days after mailing of the Notice of Issuance of the Permit or Certificate, an aggrieved person who, in person or through a representative, appeared, submitted written testimony, or otherwise participated in the action before the District, may request the Hearing Board to hold a hearing to determine whether the Permit or Certificate was properly issued.

    (2) The request to the Hearing Board shall be made by filing a petition in accordance with the Rules and Regulations of the Hearing Board and payment of fees provided for in Rule 42 of the Rules and Regulations of the Air Pollution Control District.

    (3) The petition shall state with reasonable particularity the grounds therefor and shall be signed under penalty of perjury.

    (4) A copy of such petition shall be served on the holder of the Permit or Certificate, and the Air Pollution Control Officer no later than the day the request is filed with the Hearing Board.

    (5) Within 30 days of the filing of such a petition, the Hearing Board shall hold a noticed public hearing and render a decision on whether the Permit or Certificate was properly issued in accordance with District Rules and Regulations.

(c) REQUEST FOR STAY

    (1)
      (i) An aggrieved person who has filed a petition pursuant to Section (b) of this rule may request the Hearing Board to stay the effect of the Permit or Certificate, pending a decision of the Hearing Board on the petition.

      (ii) Such request for stay shall be in writing, shall state with reasonable particularity the grounds in support of the request and shall be signed under penalty of perjury.

      (iii) A copy of the request for stay shall be served personally on the holder of the Permit or Certificate and the Air Pollution Control Officer prior to the time the request is filed with the Hearing Board; provided, however, that service of the request for stay on a holder a Permit or Certificate, who does not maintain a fixed place of business within the District, may be accomplished by mail. Proof of service on the holder of the Permit or Certificate must accompany any request for a stay at the time such request is filed with the Hearing Board.
    (2) A request for stay served and filed pursuant to Subsection (c)(1) shall be heard, notice requirements permitting, at the next meeting of the Hearing Board. At this meeting, the Hearing Board shall determine whether the Permit or Certificate should be stayed until the final decision of the Hearing Board on the propriety of the issuance of the Permit or Certificate is rendered. If the notice requirements cannot be met for the next meeting of the Hearing Board, the request for stay shall be heard at the following meeting of the Hearing Board. The person requesting the stay, the holder of the Permit or Certificate and the Air Pollution Control Officer shall be given an opportunity to present evidence and arguments on the request for stay. A request for stay shall have priority over other matters on the Hearing Board calendar.

    (3) The Hearing Board shall stay the effect of the Permit or Certificate pending a final decision by the Hearing Board only if the Hearing Board finds that denial of the stay would likely result in great or irreparable injury to an aggrieved person or the public. The decision of the Hearing Board on the stay shall be served by the Clerk of the Hearing Board immediately on all parties and the Air Pollution Control Officer.


(d) CONSULTATION MEETING REQUIREMENTS
Not later than three business days after receipt by the Air Pollution Control Officer of an appeal pursuant to Section (b) of this rule or a request for stay pursuant to Section (c) of this rule, the Air Pollution Control Officer or his designee shall attempt to schedule a meeting with the appellant and the Permit or Certificate holder to resolve the issues identified in the appeal or request for stay. If there is a resolution of the issues by the parties, the matter before the Hearing Board shall be withdrawn or dismissed. If all the issues are not resolved at the meeting, the District shall file a report with the Hearing Board detailing the resolved and unresolved issues and the District position on the unresolved issues.

(e) REQUEST FOR STAY OF A MODIFIED PERMIT
With respect to an Authority to Construct, Permit to Operate, or temporary authorization for a modification of an existing permitted operation, any appeal or stay provided for in this rule shall apply only to the modification and not to the existing operation.

(f) EXEMPTIONS
The provisions of this rule do not apply to:

    (1) Annual renewal of permits or transfer of ownership provided permit conditions are not modified or revised. In the event permit conditions are modified or revised at the time of renewal, the provisions of this rule shall apply only to the modification or revision.

    (2) A Permit to Operate required solely because of a change in permit exemptions stated in Rule 11 provided the article, machine, equipment or contrivance was installed at the time the applicable revisions to Rule 11 became effective and provided no modifica-tions to the equipment are necessary to comply with District Rules and Regulations or applicable state and federal law. In the event a modification is necessary, the provisions of this rule shall apply only to the modification.


(g) DEFINITIONS
For the purposes of this rule, the following definitions shall apply:

    (1) "Aggrieved Person" means any person, including a person or group representing the interest of the public in air quality, who alleges that the issuance of an Authority to Construct or permit or temporary authorization will infringe upon or deny such person's legal rights or the legal rights of the general public in respect to air quality.

    (2)
    "Appeared, Submitted Written Testimony, or Otherwise Participated" means communicating specific substantive or procedural air pollution issues to the Air Pollution Control District staff members who are responsible for Permit or Certificate issuance. Participation, wherever possible, should be documented in writing by the participant. The term does not include merely expressing general interest or concern or communicating orally, whether by telephone or otherwise, with Air Pollution Control District staff members who are not directly responsible for issuance of the Permit or Certificate.

    (3)
    "Permit or Certificate" means Authority to Construct, Permit to Operate, Temporary Authorization, renewal of a Permit to Operate with new or modified conditions, Certificate of Registration, or Emission Reduction Credit (ERC) Certificate.