MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 216 - PERMIT REQUIREMENTS FOR WASTEWATER AND SEWAGE TREATMENT FACILITIES
(Adopted 10-29-86; Revised 01-21-87, and 06-14-89)

CONTENTS

PART 1.0. GENERAL

PART 2.0. APPLICATIONS

PART 3.0. CONDITIONAL APPROVAL

PART 4.0. EFFECTIVE DATE

PART 5.0. DEFINITIONS

PART 6.0. POPULATION PROJECTIONS
 




PART 1.0. GENERAL.

1.1. A governmental agency or district, including joint powers agencies or organizations shall not initiate, modify, construct or operate any wastewater or sewage treatment facility or conveyance mechanism or pipeline which will directly or indirectly through population or industrial growth inducement cause the emission of any anthropogenic air pollutant for which there is a State or national ambient air quality standard without first obtaining a permit from the Air Pollution Control Officer.

1.2. The Air Pollution Control Officer shall deny a permit for any new wastewater or sewage treatment facility or conveyance mechanism or pipeline or modification which he determines will cause a violation or contribute to the continued violation of any State or national ambient air quality standard.

PART 2.0. APPLICATIONS.
Before granting or denying a permit for any new facility or modification thereto subject to the requirements of this rule, the Air Pollution Control Officer shall:

2.1. Require the applicant to submit information sufficient to specifically describe the nature and amounts of emissions, location, design, construction and operation of the facility, emitted directly or indirectly through population, industrial growth and/or the induced expansion of existing emission sources;

2.2. Require the applicant to submit the projected expansion plans for the facility for the ten-year period subsequent to the date of the application for the permit;

2.3. Require an analysis of the new facility or modification on air quality.  Such analysisshall consider expected air contaminant emissions and the impact on air quality in the vicinity of the facility, or modification as well as within the total Air Basin;

2.4. Require that the projected served population of the facility, or modification, related indirect growth of industry and induced growth external to the service area to be fully consistent with the Air Quality Plan as approved by the MBUAPCD Board of Directors for addressing the current State Implementation Plan requirements for attaining and maintaining federal ambient air quality standards and consistent with the Plan to achieve the State Ambient Air Quality Standards and consistent with part 6.0. of this rule;

2.5. Require evaluations necessary to assure compliance with Rule 207 (Review of New or Modified Sources) of these Rules and Regulations;

2.6. Require toxic and carcinogenic risk analysis as set forth in Rule 1000 (Permit Guidelines and Requirements for Sources Emitting Toxic Air Contaminants) of these Rules and Regulations;

2.7. Make available for public inspection at the Air Pollution Control District office, the information submitted by the applicant, and the preliminary decision to grant or deny the permit;

2.8. Publish a notice of prominent advertisement in at least one newspaper of general circulation in the District stating where the public may inspect the information required in Section 2.7.  The notice shall provide 30 days, from the date of publication, for the public to submit comments on the application;

2.9. Forward copies of the notice required in Section 2.8 to the U.S. Environmental Protection Agency, the California Air Resources Board, all counties within the Air Basin and all adjoining air pollution control districts;

2.10. Consider public comments submitted.

PART 3.0. CONDITIONAL APPROVAL.
The Air Pollution Control Officer shall impose conditions on the permit as necessary to ensure the subject facility or modification will be operated in the manner assumed in making analysis required by this rule.

PART 4.0. EFFECTIVE DATE.
This rule shall become effective upon adoption and shall apply to all wastewater or sewage treatment facilities or conveyance mechanisms or pipelines or modifications thereof for which final operating permits are pending on the date of adoption of this rule.

PART 5.0. DEFINITIONS.

5.1. Indirect Source
includes any structure, building, facility, equipment, installation or operation (or aggregation thereof) which is located on one or more bordering properties within the District and which is owned, operated or under shared entitlement to use by the same person.

5.2. Anthropogenic pollutant
means air pollution which results directly or indirectly from human activities.

5.3. Modification
means any physical change in, change in method of, or addition to an existing facility, any change in the direct or indirect growth inducing capacity of the subject facility including, but not limited to, changes in population projections used in prior Nonattainment Plan consistency determinations, except that routine maintenance or repair shall not be considered to be a physical change

PART 6.0. POPULATION PROJECTIONS.
For the purpose of implementing this rule and making consistency determinations, population projections in accord with the Air Quality Management Plan as approved by the MBUAPCD Board of Directors will be used.

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