LAST REVISED 01/01/89          
          RULE 5.6  Hearing and Decision
          A.   All  hearings  shall be held by three or more members of the
               Hearing Board, and the concurrence of three members shall be
               necessary for a decision.  The decision shall be in writing,
               served, and filed  within  fifteen  days after submission of
               the cause by the parties thereto and  shall  contain a brief
               statement  of  facts found to be true, the determination  of
               the issues presented, and the order of the Hearing Board.  A
               copy shall be mailed  or  delivered  to the Control Officer,
               the petitioner, EPA, ARB, and every person  who has filed an
               answer  or  who  has  appeared  as a party in person  or  by
               counsel at the hearing.

          B.   After  a  hearing,  the Hearing Board  may  do  any  of  the

               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

               5.   Revoke  an existing permit  if  it  finds  any  of  the
                    a.   The  permittee has failed to correct any condition
                         required by the Control Officer.
                    b.   A refusal of a permit would be justified.
                    c.   Fraud  or  deceit was employed in the obtaining of
                         the permit.
                    d.   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.

          C.   No variance shall be granted  unless the Hearing Board makes
               all of the following findings:

               1.   That the petitioner for a  variance  is  or  will be in
                    violation  of a provision of the California Health  and
                    Safety Code  or of any rule, regulation or order of the

               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

            3.  That   such   closing   or   taking   would  be  without  a
                corresponding benefit in reducing air contaminants.

          D. Upon making the specific finding set forth in Rule 5.6.C., the
             Hearing Board shall prescribe requirements  other  than  those
             imposed by statue 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 person.
             However,  no variance shall be granted if the operation  under
             the variance will result in a violation of Rule 4.2.

          E. In prescribing other and different requirements, in accordance
             with Rule 5.6.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.

          F. 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 bonds 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.

          G. 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
             5.6.H., to exceed  one  year, and shall set a final compliance

          H. 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.  The Hearing Board may rehear a decision if a party
             petitions  for a rehearing within ten days after a copy of the
             decision has been mailed to him/her.