Variances and the Hearing Board
The Air Pollution Control District Hearing Board is a five member quasi-judicial body
whose purpose is to decide on matters of conflict between the District and industry and
to act at the time of an air pollution emergency resulting from an upset or breakdown.
The Hearing Board is an independent body, appointed at-large by the Air Pollution
Control Board and consist of an attorney practicing of law in California, a registered
professional engineer, a member of the medical profession, and two public members.
The Hearing Board issues variances from Air District rules and regulations or Health
and Safety Code Section 41701; issues abatement orders requiring a source to cease and
desist from a particular act unless specified conditions are met and; resolves permit
disputes. A
petition for hearing is required
to be filed with the San Luis Obispo County Clerk in order to obtain a hearing.
You might want to think of the function of the Hearing Board in this way:
- The District Board adopts rules and regulations (legislative function).
- The Hearing Board applies rules and criteria to specific persons and situations
(judicial function).
- The Air Pollution Control Officer implements and enforces rules, regulations,
permits and orders (executive function).
To find out more on the APCD Hearing Board procedures go to the Regulation
VIII—Procedures Before the Hearing Board in the SLO
County APCD’s Rules & Regulations.
To find out more about small business compliance solutions and
answers on variances check out our
Small Business Solutions
Brochure.
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