MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT

RULE 400 - GENERAL LIMITATIONS

(a) PUBLIC NUISANCE

A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such persons or the public or which cause or have an natural tendency to cause injury or damage to business or property, (Health and Safety Code 41700).

The limitations of Rule 400(a) do not apply to odors emanating from agricultural operations necessary for the growing of crops or the raising of fowl or animals, (Health and Safety Code 41705).

(b) CIRCUMVENTION

A person shall not construct, erect, modify, operate or use any equipment which conceals or tends to conceal an air contaminant emission which would be subject to the rules and regulations of the Mendocino County Air Quality Management District or to state law regarding air pollution, or which prevents the determination of compliance with the District's rules and regulations or with applicable state law, unless the operation or use of such equipment results in a verifiable and enforceable significant reduction in the emission of air contaminants which are or would be concealed or determination of whose compliance would be prevented. A person shall not discharge air contaminants into the atmosphere from any source whatsoever except in such fashion as to permit determination of compliance with applicable rules and regulations of the Mendocino County Air Quality Management District and with applicable provisions of state law.

[amended April 6, 1993]