MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT

RULE 630 - DECISIONS

  1. After a hearing, the Hearing Board may do any of the following: (Health and Safety Code 42309)
    1. Grant a permit denied by the Control Officer.
    2. Continue the suspension of a permit suspended by the Control Officer.
    3. Remove the suspension of an existing permit invoked by the Control Officer pending the furnishing by the permittee of the information, analyses, plans, and specifications required.
    4. Find that no violation exists and reinstate an existing permit.
    5. Revoke an existing permit, if it finds any of the following:
      1. The permittee has failed to correct any conditions required by the Control Officer.
      2. A refusal of a permit would be justified.
      3. Fraud or deceit was employed in the obtaining of the permit.
      4. Any violation of this part, or of any order, rule, or regulation of the district.
    6. Grant a variance in accordance with the conditions as further specified in this rule.
  2. The Hearing Board shall announce its decision in writing, served and filed within 30 days after submission of the cause by the parties thereto and shall contain a statement of findings and the order of the Hearing Board.
  3. No variance shall be granted unless the Hearing Board makes all of the following findings: (Health and Safety Code 42352)
    1. That the petitioner for a variance is or will be in violation of a provision of the California Health & Safety Code or of any rule, regulation or order of the District.
    2. That due to conditions beyond the reasonable control of the petitioner, requiring compliance would result in either an arbitrary or unreasonable taking of property, or the practical closing and elimination of a lawful business.
    3. That such closing or taking would be without a corresponding benefit in reducing air contaminants.
  4. Upon making the specific findings set forth in Rule 630(c), the Hearing Board shall prescribe requirements other than those imposed by statute or by any rule, regulation, or order of the district board, not more onerous, applicable to plants and equipment operated by specified industry or business or for specified activity, or to the operations of individual persons. However, no variance shall be granted if the operation under the variance, will result in a violation of Rule 400 of the District. (Health and Safety Code 42353)
  5. In prescribing other and different requirements, in accordance with Rule 630(d), the Hearing Board shall exercise a wide discretion in weighing the equities involved and the advantages to the residents of the district from the reduction of air contaminants and the disadvantages to any otherwise lawful business, occupation, or activity involved, resulting from requiring compliance with such requirements, (Health and Safety Code 42354).
  6. The Hearing Board may require, as a condition of granting a variance, that a cash bond, or a bond executed by two or more good and sufficient sureties or by a corporate surety, be posted by the party to whom the variance was granted to assure performance of any construction, alteration, repair, or other work required by the terms and conditions of the variance. Such bond may provide that, if the party granted the variance fails to perform such work by the agreed date, the cash bond shall be forfeited to the district having jurisdiction, or the corporate surety or sureties shall have the option of promptly remedying the variance default or paying to the district an amount, up to the amount specified in the bond, that is necessary to accomplish the work specified as a condition of the variance, (Health and Safety Code 42355).
  7. The Hearing Board, in making any order permitting a variance, shall specify the time during which such order shall be effective, in no event, except as otherwise provided in Rule 630(h), to exceed one year, and shall set a final compliance date, (Health and Safety Code 42358(a)).
  8. A variance may be issued for a period exceeding one year if the variance includes a schedule of increments of progress specifying a final compliance date by which the emissions of air contaminants of a source for which the variance is granted will be brought into compliance with applicable emission standards, (Health and Safety Code 42358(b)).
  9. The Hearing Board may rehear a decision if a party petitions for a rehearing within 10 days after a copy of the decision has been mailed to him, (Health and Safety Code 40861).
  10. The decision shall become effective 30 days after it is filed, unless either of the following occurs:
    1. A rehearing is granted by the Hearing Board.
    2. The Hearing Board orders that it be made effective sooner. (Health and Safety Code 40863)
  11. A copy of the decision shall be mailed or delivered to the Control Officer, California Air Resources Board, the Environmental Protection Agency, the petitioner and to every person who has filed an answer or who has appeared as a party in person or by counsel at the hearing.