MBUAPCD R6ART2 PROCEDURES FOR HEARING BOARD ADJUCUATIONS
LAST REVISED 12/17/86
REGULATION IV
HEARING BOARD RULES
Adopted by the District Hearing Board on December 12, 1986.
These rules are effective as of December 17, 1986.
MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT
ARTICLE 2. VARIANCE AND OTHER APPLICATIONS
2.1 Form of Papers.
Papers filed with the Hearing Board shall be typewritten or printed
upon paper 8 1/2 x 11 inches in size and the impression shall be on one
side of the paper only and double-spaced. The heading for variance applications
shall be as follows:
2.2 Contents of Application for Variance.
a. An application to the Hearing Board for a variance shall be signed
by the applicant, or by his authorized agent, or by the representative
of a class who has submitted a class action application, and shall state
the grounds for the application and the specific section(s) of the regulations
of the District, as well as the specific dates, for which a variance is
requested.
b. The applicant shall set forth a concise statement of the ultimate
facts constituting the reasons for granting a variance. This statement
must disclose that the conditions required by Health and Safety Code Section
42352 exist.
If a class action is contended, supporting facts therefor shall be alleged.
c. The application should state, to the extent possible, the number
of emission points, the different nature, if any, of emission points and
should include measured values or estimates of the quantity and nature
of emissions and the degree of violation for the source(s) in question.
It shall close with a prayer for a variance, which shall set forth the
conditions or terms of the desired variance.
The application shall contain a description of the property affected
which shall be sufficient for its identification and shall also contain
the name of the owner thereof and the nature of the title or interest of
the applicant.
A map showing the location of the subject property, photographs of the
equipment in question, and a line diagram of the process, where applicable,
shall be included with the application.
The application shall include a statement of whether or not the applicant
intends to file additional written material.
Such additional material shall be filed no less than 10 days prior to a hearing on the matter. The District and any intervenor may file a response to any additional material not less than five days prior to hearing.
d. The application for variance shall contain a statement of the "increments
of progress" proposed by applicant and shall include at least the
following:
e. The application for variance shall include a statement of the applicant's
evaluation as to whether the granting of the requested variance will adversely
affect the attainment and maintenance of pertinent national or State ambient
air quality standards.
f. The Hearing Board may adopt a suggested form of Application for Variance
and/or Interim Variance.
2.3 Contents of Other Applications.
All other applications for Hearing Board relief shall conform to the
provisions of Sections 2.1 and 2.2 of this Article 2 to the extent that
such sections are applicable to the subject of such applications, and shall
include the appropriate filing fee pursuant to Appendix A, as may be fixed
from time to time by the District Board.
2.4 Emergency Variances.
a. The procedures set forth in this Section are to be used in applying
for an Emergency Variance when a breakdown condition as defined in Rule
214 exceeds the end of the production run or 24 hours, whichever is sooner;
when vapor recovery system components are marked "Out of Order"
pursuant to Health and Safety Code Section 41960.2; or when any other emergency,
as determined by the Hearing Board, occurs under Health and Safety Code
Sections 42359 and 42359.5.
b. An applicant for an Emergency Variance under this Section is required
to pay the appropriate filing fee, whether or not the requested variance
relief is granted.
c. An Emergency Variance may be granted without notice and hearing or,
at the discretion of the Hearing Board, a hearing may be held. An Emergency
Variance shall not remain in effect longer than thirty (30) days.
d. An Applicant may file for an Emergency Variance by oral notification
to the Clerk of the Hearing Board. This initial filing does not in itself
constitute a Variance and provides no assurance of protection from penalty
action. However, if a Variance is subsequently granted, it may become effective
as early as the date and time of the initial oral filing.
2.5 Application for Intervention.
a. Any person who claims that he has a special interest relating to
a pending variance action, may file a written application for intervention
in such variance proceeding. The application shall be filed with the Clerk
not later than five days before the hearing of the matter, which hearing
may be continued to facilitate action on the intervention request, and
shall be served by mail or in person upon the parties to the proceeding,
and shall set forth the grounds and purpose of such intervention. The Hearing
Board shall allow the parties to the action an opportunity to respond in
writing to the application, may convene a prehearing conference, and shall
rule on any such application prior to commencement of hearings.
b. If the person seeking intervention claims a special interest relating to the pending variance action, and that person is so situated that the disposition of the action may, as a practical matter, impair or impede that person's ability to protect that interest, the Hearing Board may, upon timely application, permit that person to intervene. In exercising its discretion as to whether to grant or deny such an application, the Hearing Board shall consider whether intervention would unduly delay or prejudice the adjudication of the rights of the parties.
c. Intervention shall not be permitted in any variance action which
is or becomes consolidated with an abatement action relating to the same
subject.
d. Any person permitted to intervene in a proceeding shall have all
the rights and responsibilities of any party to a variance action, and
shall be referred to as "intervenor".
2.6 Verification.
Unless the state, or a county, city, or district, or an officer of such
in his official capacity is an applicant, the application shall be verified.
The form of verification, executed within this State, may be substantially
the following form:
I, the undersigned, do hereby declare under penalty of perjury that
I have read the foregoing document; that I know its contents, and that
it is true.
Dated at ____________________, on _____________________
Signature _____________________________________________
2.7 Filing Fees.
Any application shall be accompanied by the filing fee as may be fixed
from time to time by the District Board and set forth in Appendix A hereto.
2.8 Excess Emission Fees.
The applicant to whom a variance is granted shall pay an excess emission
fee as may be fixed from time to time by the District Board and set forth
in Appendix B hereto.
2.9 Response to Applications.
The Hearing Board may require the Air Pollution Control Officer to file a response to any or all applications in such a manner as the Hearing Board may from time to time direct. Any such response shall be served on the applicant and any other parties.