SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT


RULE 26.7. OWNERSHIP OF BANKED REDUCTIONS

(Effective 2/16/83)

Pursuant to the state law, an ERC shall be owned by the owner or owners of the source of such reductions in the same manner as the owner or owners hold title to the source at the time such reductions are approved by the Air Pollution Control Officer for inclusion in the bank. For purposes of Rules 26.0 through 26.10, those persons who are both listed as a holder or co-holder of the Permit to Operate according to District records, and are owners of the equipment which will be shutdown or modified to supply the reduction shall be regarded as exclusive owners of the source.

If no person may be classified as an owner under the preceding definition, those persons who are both listed as a holder or co-holder of the Permit to Operate according to District records, and are owners of the business entity which operates the equipment which will be shutdown or modified to supply the reduction, shall be regarded as exclusive owners of the source.

If no person may be classified as an owner under the preceding definition, those persons who are listed as holders or co-holders of the Permit to Operate shall be regarded as the exclusive owner of the source. Except as expressly provided above and in Rule 26.4, no person shall have any right, title, interest, or claim to initial legal or equitable ownership or use of the banked reductions.

No application for banking shall be approved unless all persons listed as holders of the Permit to Operate for the source providing the reduction either: