(Adopted 9-1-74)
  1. Any equipment breakdown or failure which results in the inability to comply with any emission standard or rule listed in the District Rules and Regulations shall be considered a violation of such standard; however, the Air Pollution Control Officer may elect to take no enforcement action if the owner or operator demonstrates to his satisfaction that a breakdown condition exists and the following requirements are met:
      1.1.  the occurrence is reported to the Air Pollution Control Officer as soon as reasonably 
      possible but no later than one hour after the onset of the occurence provided, however, 
      that the Air Pollution Control Officer, may, under the circumstances of a particular 
      case and upon good cause, extend the time, but not to exceed six hours; 
      1.2.  appropriate corrective measures are immediately undertaken to correct the 
      occurrence and limit its duration;
      1.3.  the estimated time required for repair is reported to the Air Pollution Control Officer 
      within 24 hours after the occurrence; and, 
      1.4.  the equipment is operated only until the end of a run or 24 hours, whichever is 
      sooner (except for continuous instack monitoring equipment, for which the period 
      shall be 96 hours) at which time it shall be shut down for repairs, unless the 
      owner or operator has obtained an emergency variance.
  2. Within five days after the occurrence has been corrected, a written report, in a form approved by the Air Pollution Control Officer, shall be submitted to the Air Pollution Control Officer which includes, but is not limited to, the following:
      2.1.  a statement that the condition or failure had been corrected and the date 
      of correction;
      2.2. a description of the reasons for the occurrence;
      2.3. a description of the corrective measures undertaken and/or to be undertaken 
      to avoid such an occurrence in the future; and,
      2.4.  an estimate of the emissions caused by the condition or failure.
  3. For the purpose of this rule a breakdown condition means an unforeseeable equipment malfunction or failure which:
      3.1.  is not the result of neglect or disregard of any air pollution control law, rule 
      or regulation;
      3.2.  is not intentional or the result of negligence, or improper maintenance;
      3.3.  is not a recurrent breakdown of the same equipment; and,
      3.4.   does not constitute a nuisance as defined in District Rule 402 or in the State of 
      California Health and Safety Code, Section 41700, with the burden of proving the 
      criteria of this section placed upon the person seeking to come under the provisions of this law.
  4. Any failure to comply with reporting requirements of this rule or the filing of any report with the Air Pollution Control Officer which falsely claims that an occurrence is a breakdown occurrence shall constitute a separate violation of this rule.


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