MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 211 - APPEALS
(Adopted September 1, 1974; and Revised October 16, 1996)

CONTENTS
PART 1 GENERAL

1.1 Purpose
1.2 Applicability
1.3 Exemptions
1.4 Effective Dates
1.5 References

PART 2 DEFINITIONS

PART 3 REQUIREMENTS AND STANDARDS



PART 1 GENERAL
 

1.1 Purpose
The purpose of this Rule is to provide the means for the appeal of permit issuance actions made by the Monterey Bay Unified Air Pollution Control District.

1.2 Applicability
The provisions of this Rule shall apply to any person seeking to appeal a permit issuance action made by the Monterey Bay Unified Air Pollution Control District.

1.3 Exemptions
Reserved.

1.4 Effective Dates
This Rule, as most recently revised, is effective on October 16, 1996.

1.5 References

1.5.1 The requirements of this Rule arise from the provisions of California Health and Safety Code Sections 42302, 42302.1, 42308, 42309, and Section 1 of the act amending HSC section 42302.1 by the 1993 Legislature.

1.5.2 Other related District rules include: Rule 200 (Permits Required); 207 (Review of New or Modified Sources); and 208 (Standards for Granting Permits to Operate).

PART 2 DEFINITIONS
Reserved.

PART 3 REQUIREMENTS AND STANDARDS

3.1 Within 10 days after receipt of notice of the denial of an Authority to Construct or Permit to Operate, an applicant for a permit may petition the Hearing Board for a public hearing on whether or not the permit was properly denied.  The Hearing Board, after notice and public hearing held within 30 days after filing the petition, may sustain the denial or grant a permit.

3.2 Within 10 days of any decision or action pertaining to the issuance of a permit by the District, or within 10 days after mailing of the notice of issuance of a permit to any person who has requested notice, or within 10 days of the publication and mailing of notice of CEQA exemption provided for in Section 1 of the 1993 act amending HSC Section 42302.1, any 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 public hearing to determine whether the permit was properly issued. Except as provided in Section 1 of the 1993 act amending HSC Section 42302.1, within 30 days of the request, the Hearing Board shall hold a public hearing and shall render a decision on whether the permit was properly issued.

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