Rule 914 Application and Permit Requirement.
ADOPTED April 17, 1989
AMENDED September 18, 1990

914.1 Authority to Construct.

  1. Applications.
  2. Every application for an Authority to Construct required under this Regulation shall be filed in the manner and form prescribed by the A.P.C.O., and shall give all the information necessary to enable the A.P.C.O. to make the determination on the approvability of the application. 
  3. Executive Orders.
  4. The A.P.C.O. shall maintain a complete file of executive order which are the A.R.B. approved devices/equipment for Phase I & II vapor recovery. Such information shall be provided to the application upon request. 
  5. Completeness of Application.
  6. Within 30 days after receiving an application for Authority to Construct, the A.P.C.O. shall advise the applicant in writing whether the application is complete. If an application is deemed incomplete, the A.P.C.O. shall notify the applicant of the additional information requirements. Failure to notify the applicant in writing of completeness of the application shall be deemed acceptance of the application as complete. If the applicant fails to submit such requested information, the A.P.C.O. may deny the application. Upon resubmission of an application, a new 30 day review period shall commence. After the A.P.C.O. accepts an application as complete, he shall not subsequently request of an applicant any new or additional information which was not specified in the application form and information list. While an application is being processed after being deemed complete, the A.P.C.O. may require the applicant to clarify, amplify, or supplement the information being supplied.
  7. Permit Required.
  8. Any person building, altering, or replacing any source of air contaminants shall first obtain an Authority to Construct from the A.P.C.O. An Authority to Construct shall remain in effect until the Permit to Operate for that source for which the application was filed is either granted or denied or until termination pursuant to other provisions of this Regulation. 
  9. Authority to Construct Fee.
  10. Authority to Construct fee shall be paid with the filing of the application. (See Regulation VI for amount.)

914.2 Permit to Operate

  1. Posting of Permit to Operate.
  2. A person who has been granted a Permit to Operate under this Regulation shall firmly affix such Permit to Operate, an approved facsimile or other identification approved by the A.P.C.O. upon the article, machine, equipment, or other contrivance in such a manner as to be clearly visible and accessible. In the event that the equipment is so constructed or operated that the Permit to Operate cannot be so placed, the Permit to Operate shall be mounted so as to be clearly visible in an accessible place on the premises or maintained readily available at all time on the operating premises. A person shall not willfully deface, alter, forge, counterfeit, or falsify a Permit to Operate. 
  3. Transfer.
  4. A Permit to Operate shall not be transferable, whether by operation of law or otherwise, either from one location to another, from one piece of equipment to another, or from one person to another. 
914.3 Permit to Operate Fees.
  1. Issuing of Permit to Operate.
  2. Fee for Permit to Operate will be charged upon final inspection and approval of retail service station vapor recovery equipment for Phase I & II. (See Regulation VI for amount.) 
  3. Annual Renewal.
  4. Permits to Operate issued pursuant to the provisions of this Regulation shall expire one (1) year after the date of issuance. The A.P.C.O. may renew an expired Permit to Operate upon payment of the applicable permit fees by the source operator. 
  5. Permit Fee Penalty.
  6. A notice to pay the approved permit fees shall be mailed annually to the operators of all equipment to which this section applies. If the payment of such fee is not received within 30 days of the due date, the fee shall be increased by one half the amount thereof and the operator shall thereupon be notified by mail of the increased fee. If the increased fee is not received within 60 days of the due date, the A.P.C.O. shall revoke the permit to operate or impose Section 42307 of the Health and Safety Code. Permits to Operate so revoked shall be reinstated only upon payment in full of all accrued fees and penalties.