42350. (a) Any person may apply to the hearing board for a variance
from Section 41701 or from the rules and regulations of the
district.
(b) (1) If the district board has established a permit system by
regulation pursuant to Section 42300, a variance, or an abatement
order which has the effect of a variance, may not be granted from the
requirement for a permit to build, erect, alter, or replace.
(2) Title V sources shall not be granted a variance, or an
abatement order which has the effect of a variance, from the
requirement for a permit to operate or use.
(3) In districts with emission-capped trading programs, no
variance shall be granted from the emission cap requirement.
42350.5. Any form developed by a district board for use in filing
an application for a variance shall contain a notice to small
businesses of the availability of assistance in filling out the form
and developing compliance schedules.
42351. (a) Any person who has submitted an application for a
variance and who desires to commence or continue operation pending
the decision of the hearing board on the application, may submit an
application for an interim variance.
(b) An interim variance may be granted for good causes stated in
the order granting such a variance. The interim variance shall not be
valid beyond the date of decision of the hearing board on the
application of the variance or for more than 90 days from date of
issuance of the interim variance, whichever occurs first.
(c) The hearing board shall not grant any interim variance (1)
after it has held a hearing in compliance with the requirements of
Section 40826, or (2) which is being sought to avoid the notice and
hearing requirements of Section 40826.
42351.5. If a person granted a variance with a schedule of
increments of progress files an application for modification of the
schedule and is unable to notify the hearing board sufficiently in
advance to allow the hearing board to schedule a public hearing on
the application, the hearing board may grant no more than one interim
authorization valid for not more than 30 days, to that person to
continue operation pending the decision of the hearing board on the
application. In districts with a population of less than 750,000, the
chairman of the hearing board or any other member designated by the
board may hear the application. If any member of the public contests
such a decision made by a single member of the hearing board, the
application shall be reheard by the full hearing board within 10 days
of the decision. The interim authorization shall not be granted for
a requested extension of a final compliance date or where the
original variance expressly required advance application for the
modification of an increment of progress.
42352. (a) 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 Section 41701 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 (A) an
arbitrary or unreasonable taking of property, or (B) the practical
closing and elimination of a lawful business. In making those
findings where the petitioner is a public agency, the hearing board
shall consider whether or not requiring immediate compliance would
impose an unreasonable burden upon an essential public service. For
purposes of this paragraph, "essential public service" means a
prison, detention facility, police or firefighting facility, school,
health care facility, landfill gas control or processing facility,
sewage treatment works, or water delivery operation, if owned and
operated by a public agency.
(3) That the closing or taking would be without a corresponding
benefit in reducing air contaminants.
(4) That the applicant for the variance has given consideration to
curtailing operations of the source in lieu of obtaining a variance.
(5) During the period the variance is in effect, that the
applicant will reduce excess emissions to the maximum extent
feasible.
(6) During the period the variance is in effect, that the
applicant will monitor or otherwise quantify emission levels from the
source, if requested to do so by the district, and report these
emission levels to the district pursuant to a schedule established by
the district.
(b) As used in this section, "public agency" means any state
agency, board, or commission, any county, city and county, city,
regional agency, public district, or other political subdivision.
42352.5. (a) The hearing board, in determining whether or not the
petitioner has presented evidence sufficient to make the finding
specified in paragraph (2) of subdivision (a) of Section 42352 or
paragraph (2) of subdivision (a) of Section 42368, shall consider, in
addition to any other relevant factors, both of the following:
(1) In determining whether or not conditions exist which are
beyond the reasonable control of the petitioner, the hearing board
shall consider the extent to which the petitioner took actions to
comply or seek a variance, which were timely and reasonable under the
circumstances. In so doing, the hearing board shall consider actions
taken by the petitioner since the adoption of the rule, regulation,
or order from which the variance is sought.
(2) In determining whether or not requiring compliance would
result in either an arbitrary or unreasonable taking of property or
the practical closing and elimination of a lawful business, the
hearing board shall consider whether or not an unreasonable burden
would be imposed upon the petitioner if immediate compliance is
required.
(b) (1) As used in this subdivision, "small business" has the same
meaning as defined by the Small Business Administration, except that
no stationary source which is a major source, as defined by
applicable provisions of the federal Clean Air Act (42 U.S.C. Sec.
7661(2)), is a small business.
(2) If the petitioner is a small business and emits 10 tons or
less per year of air contaminants, the hearing board shall consider
the factors specified in subdivision (a) in the following manner:
(A) In determining the extent to which the petitioner took timely
actions to comply or seek a variance, the hearing board shall make
specific inquiries into, and shall take into account, the reasons for
any claimed ignorance of the requirement from which a variance is
sought.
(B) In determining the extent to which the petitioner took
reasonable actions to comply, the hearing board shall make specific
inquiries into, and shall take into account, the petitioner's
financial and other capabilities to comply.
(C) In determining whether or not the burden of requiring
immediate compliance would be unreasonable, the hearing board shall
make specific inquiries into, and shall consider, the impact on the
petitioner's business and the benefit to the environment which would
result if the petitioner is required to immediately comply.
42353. Upon making the specific findings set forth in Section
42352, 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 Section 41700.
42354. In prescribing other and different requirements, in
accordance with Section 42353, the hearing board, insofar as is
consonant with the Legislature's declarations in Sections 39000 and
39001, 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.
42355. (a) The hearing board may require, as a condition of
granting a variance, that a bond 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. The bond may provide that, if the party
granted the variance fails to perform the work by the agreed date,
the bond shall be forfeited to the district having jurisdiction, or
the 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.
(b) The provisions of this section do not apply to vessels so long
as the vessels are not operating in violation of any federal law
enacted for the purpose of controlling emissions from combustion of
vessel fuels.
42356. The hearing board may modify or revoke, by written order,
any order permitting a variance.
42357. The hearing board may review and for good cause, such as a
change in the availability of materials, equipment, or adequate
technology, modify a schedule of increments of progress or a final
compliance date in such a schedule.
42358. (a) 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 subdivision
(b), to exceed one year, and shall set a final compliance date.
(b) 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.
42359. Except in the case of an emergency, as determined by the
hearing board, the hearing board shall hold a hearing pursuant to
Chapter 8 (commencing with Section 40800) of Part 3 to determine
under what conditions, and to what extent, a variance shall be
granted.
42359.5. (a) Notwithstanding any other provision of this article or
of Article 2 (commencing with Section 40820) of Chapter 8 of Part 3,
the chairman of a district hearing board, or any other member of the
hearing board designated thereby, may issue, without notice and
hearing, an emergency variance to an applicant.
(b) An emergency variance may be issued for good cause, including,
but not limited to, a breakdown condition. The district board in
consultation with its air pollution control officer and the hearing
board may adopt rules and regulations, not inconsistent with this
subdivision, to further specify the conditions, and to what extent,
an emergency variance may be granted.
The emergency variance shall not remain in effect longer than 30
days and shall not be granted when sought to avoid the provisions of
Section 40824 or 42351.
42360. Within 30 days of any order granting, modifying, or
otherwise affecting a variance by the hearing board, or a member
thereof pursuant to Section 42359. 5, either the air pollution
control officer or the hearing board shall submit a copy of the order
to the state board.
42361. Any variance granted by the hearing board of a county
district or a unified district, or any member of such a hearing board
pursuant to Section 42359.5, applicable in an area which
subsequently becomes included within a regional district, including
the bay district, shall remain valid for the time specified therein
or for one year, whichever is shorter, or, unless prior to the
expiration of such time, the hearing board of the regional district
modifies or revokes the variance.
42362. The state board may revoke or modify any variance granted by
any district if, in its judgment, the variance does not require
compliance with a required schedule of increments of progress or
emission standards as expeditiously as practicable, or the variance
does not meet the requirements of this article.
42363. Prior to revoking or modifying a variance pursuant to
Section 42362, the state board shall conduct a hearing pursuant to
Chapter 8 (commencing with Section 40800) of Part 3 on the matter.
The person to whom the variance was granted shall be given immediate
notice of any such hearing by the hearing board, and shall be
afforded an opportunity to appear at the hearing, to call and examine
witnesses, and to otherwise partake as if he were a party to the
hearing.
42364. (a) The district board may adopt, by regulation, a schedule
of fees which will yield a sum not exceeding the estimated cost of
the administration of this article and for the filing of applications
for variances or to revoke or modify variances. All applicants shall
pay the fees required by the schedule, including, notwithstanding
the provisions of Section 6103 of the Government Code, an applicant
that is a publicly owned public utility.
(b) All such fees shall be paid to the district treasurer to the
credit of the district.
42350. (a) Any person may apply to the hearing board for a variance
from Section 41701 or from the rules and regulations of the
district.
(b) (1) If the district board has established a permit system by
regulation pursuant to Section 42300, a variance, or an abatement
order which has the effect of a variance, may not be granted from the
requirement for a permit to build, erect, alter, or replace.
(2) Title V sources shall not be granted a variance, or an
abatement order which has the effect of a variance, from the
requirement for a permit to operate or use.
(3) In districts with emission-capped trading programs, no
variance shall be granted from the emission cap requirement.
42350.5. Any form developed by a district board for use in filing
an application for a variance shall contain a notice to small
businesses of the availability of assistance in filling out the form
and developing compliance schedules.
42351. (a) Any person who has submitted an application for a
variance and who desires to commence or continue operation pending
the decision of the hearing board on the application, may submit an
application for an interim variance.
(b) An interim variance may be granted for good causes stated in
the order granting such a variance. The interim variance shall not be
valid beyond the date of decision of the hearing board on the
application of the variance or for more than 90 days from date of
issuance of the interim variance, whichever occurs first.
(c) The hearing board shall not grant any interim variance (1)
after it has held a hearing in compliance with the requirements of
Section 40826, or (2) which is being sought to avoid the notice and
hearing requirements of Section 40826.
42351.5. If a person granted a variance with a schedule of
increments of progress files an application for modification of the
schedule and is unable to notify the hearing board sufficiently in
advance to allow the hearing board to schedule a public hearing on
the application, the hearing board may grant no more than one interim
authorization valid for not more than 30 days, to that person to
continue operation pending the decision of the hearing board on the
application. In districts with a population of less than 750,000, the
chairman of the hearing board or any other member designated by the
board may hear the application. If any member of the public contests
such a decision made by a single member of the hearing board, the
application shall be reheard by the full hearing board within 10 days
of the decision. The interim authorization shall not be granted for
a requested extension of a final compliance date or where the
original variance expressly required advance application for the
modification of an increment of progress.
42352. (a) 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 Section 41701 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 (A) an
arbitrary or unreasonable taking of property, or (B) the practical
closing and elimination of a lawful business. In making those
findings where the petitioner is a public agency, the hearing board
shall consider whether or not requiring immediate compliance would
impose an unreasonable burden upon an essential public service. For
purposes of this paragraph, "essential public service" means a
prison, detention facility, police or firefighting facility, school,
health care facility, landfill gas control or processing facility,
sewage treatment works, or water delivery operation, if owned and
operated by a public agency.
(3) That the closing or taking would be without a corresponding
benefit in reducing air contaminants.
(4) That the applicant for the variance has given consideration to
curtailing operations of the source in lieu of obtaining a variance.
(5) During the period the variance is in effect, that the
applicant will reduce excess emissions to the maximum extent
feasible.
(6) During the period the variance is in effect, that the
applicant will monitor or otherwise quantify emission levels from the
source, if requested to do so by the district, and report these
emission levels to the district pursuant to a schedule established by
the district.
(b) As used in this section, "public agency" means any state
agency, board, or commission, any county, city and county, city,
regional agency, public district, or other political subdivision.
42352.5. (a) The hearing board, in determining whether or not the
petitioner has presented evidence sufficient to make the finding
specified in paragraph (2) of subdivision (a) of Section 42352 or
paragraph (2) of subdivision (a) of Section 42368, shall consider, in
addition to any other relevant factors, both of the following:
(1) In determining whether or not conditions exist which are
beyond the reasonable control of the petitioner, the hearing board
shall consider the extent to which the petitioner took actions to
comply or seek a variance, which were timely and reasonable under the
circumstances. In so doing, the hearing board shall consider actions
taken by the petitioner since the adoption of the rule, regulation,
or order from which the variance is sought.
(2) In determining whether or not requiring compliance would
result in either an arbitrary or unreasonable taking of property or
the practical closing and elimination of a lawful business, the
hearing board shall consider whether or not an unreasonable burden
would be imposed upon the petitioner if immediate compliance is
required.
(b) (1) As used in this subdivision, "small business" has the same
meaning as defined by the Small Business Administration, except that
no stationary source which is a major source, as defined by
applicable provisions of the federal Clean Air Act (42 U.S.C. Sec.
7661(2)), is a small business.
(2) If the petitioner is a small business and emits 10 tons or
less per year of air contaminants, the hearing board shall consider
the factors specified in subdivision (a) in the following manner:
(A) In determining the extent to which the petitioner took timely
actions to comply or seek a variance, the hearing board shall make
specific inquiries into, and shall take into account, the reasons for
any claimed ignorance of the requirement from which a variance is
sought.
(B) In determining the extent to which the petitioner took
reasonable actions to comply, the hearing board shall make specific
inquiries into, and shall take into account, the petitioner's
financial and other capabilities to comply.
(C) In determining whether or not the burden of requiring
immediate compliance would be unreasonable, the hearing board shall
make specific inquiries into, and shall consider, the impact on the
petitioner's business and the benefit to the environment which would
result if the petitioner is required to immediately comply.
42353. Upon making the specific findings set forth in Section
42352, 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 Section 41700.
42354. In prescribing other and different requirements, in
accordance with Section 42353, the hearing board, insofar as is
consonant with the Legislature's declarations in Sections 39000 and
39001, 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.
42355. (a) The hearing board may require, as a condition of
granting a variance, that a bond 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. The bond may provide that, if the party
granted the variance fails to perform the work by the agreed date,
the bond shall be forfeited to the district having jurisdiction, or
the 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.
(b) The provisions of this section do not apply to vessels so long
as the vessels are not operating in violation of any federal law
enacted for the purpose of controlling emissions from combustion of
vessel fuels.
42356. The hearing board may modify or revoke, by written order,
any order permitting a variance.
42357. The hearing board may review and for good cause, such as a
change in the availability of materials, equipment, or adequate
technology, modify a schedule of increments of progress or a final
compliance date in such a schedule.
42358. (a) 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 subdivision
(b), to exceed one year, and shall set a final compliance date.
(b) 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.
42359. Except in the case of an emergency, as determined by the
hearing board, the hearing board shall hold a hearing pursuant to
Chapter 8 (commencing with Section 40800) of Part 3 to determine
under what conditions, and to what extent, a variance shall be
granted.
42359.5. (a) Notwithstanding any other provision of this article or
of Article 2 (commencing with Section 40820) of Chapter 8 of Part 3,
the chairman of a district hearing board, or any other member of the
hearing board designated thereby, may issue, without notice and
hearing, an emergency variance to an applicant.
(b) An emergency variance may be issued for good cause, including,
but not limited to, a breakdown condition. The district board in
consultation with its air pollution control officer and the hearing
board may adopt rules and regulations, not inconsistent with this
subdivision, to further specify the conditions, and to what extent,
an emergency variance may be granted.
The emergency variance shall not remain in effect longer than 30
days and shall not be granted when sought to avoid the provisions of
Section 40824 or 42351.
42360. Within 30 days of any order granting, modifying, or
otherwise affecting a variance by the hearing board, or a member
thereof pursuant to Section 42359. 5, either the air pollution
control officer or the hearing board shall submit a copy of the order
to the state board.
42361. Any variance granted by the hearing board of a county
district or a unified district, or any member of such a hearing board
pursuant to Section 42359.5, applicable in an area which
subsequently becomes included within a regional district, including
the bay district, shall remain valid for the time specified therein
or for one year, whichever is shorter, or, unless prior to the
expiration of such time, the hearing board of the regional district
modifies or revokes the variance.
42362. The state board may revoke or modify any variance granted by
any district if, in its judgment, the variance does not require
compliance with a required schedule of increments of progress or
emission standards as expeditiously as practicable, or the variance
does not meet the requirements of this article.
42363. Prior to revoking or modifying a variance pursuant to
Section 42362, the state board shall conduct a hearing pursuant to
Chapter 8 (commencing with Section 40800) of Part 3 on the matter.
The person to whom the variance was granted shall be given immediate
notice of any such hearing by the hearing board, and shall be
afforded an opportunity to appear at the hearing, to call and examine
witnesses, and to otherwise partake as if he were a party to the
hearing.
42364. (a) The district board may adopt, by regulation, a schedule
of fees which will yield a sum not exceeding the estimated cost of
the administration of this article and for the filing of applications
for variances or to revoke or modify variances. All applicants shall
pay the fees required by the schedule, including, notwithstanding
the provisions of Section 6103 of the Government Code, an applicant
that is a publicly owned public utility.
(b) All such fees shall be paid to the district treasurer to the
credit of the district.
42350. (a) Any person may apply to the hearing board for a variance
from Section 41701 or from the rules and regulations of the
district.
(b) (1) If the district board has established a permit system by
regulation pursuant to Section 42300, a variance, or an abatement
order which has the effect of a variance, may not be granted from the
requirement for a permit to build, erect, alter, or replace.
(2) Title V sources shall not be granted a variance, or an
abatement order which has the effect of a variance, from the
requirement for a permit to operate or use.
(3) In districts with emission-capped trading programs, no
variance shall be granted from the emission cap requirement.
42350.5. Any form developed by a district board for use in filing
an application for a variance shall contain a notice to small
businesses of the availability of assistance in filling out the form
and developing compliance schedules.
42351. (a) Any person who has submitted an application for a
variance and who desires to commence or continue operation pending
the decision of the hearing board on the application, may submit an
application for an interim variance.
(b) An interim variance may be granted for good causes stated in
the order granting such a variance. The interim variance shall not be
valid beyond the date of decision of the hearing board on the
application of the variance or for more than 90 days from date of
issuance of the interim variance, whichever occurs first.
(c) The hearing board shall not grant any interim variance (1)
after it has held a hearing in compliance with the requirements of
Section 40826, or (2) which is being sought to avoid the notice and
hearing requirements of Section 40826.
42351.5. If a person granted a variance with a schedule of
increments of progress files an application for modification of the
schedule and is unable to notify the hearing board sufficiently in
advance to allow the hearing board to schedule a public hearing on
the application, the hearing board may grant no more than one interim
authorization valid for not more than 30 days, to that person to
continue operation pending the decision of the hearing board on the
application. In districts with a population of less than 750,000, the
chairman of the hearing board or any other member designated by the
board may hear the application. If any member of the public contests
such a decision made by a single member of the hearing board, the
application shall be reheard by the full hearing board within 10 days
of the decision. The interim authorization shall not be granted for
a requested extension of a final compliance date or where the
original variance expressly required advance application for the
modification of an increment of progress.
42352. (a) 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 Section 41701 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 (A) an
arbitrary or unreasonable taking of property, or (B) the practical
closing and elimination of a lawful business. In making those
findings where the petitioner is a public agency, the hearing board
shall consider whether or not requiring immediate compliance would
impose an unreasonable burden upon an essential public service. For
purposes of this paragraph, "essential public service" means a
prison, detention facility, police or firefighting facility, school,
health care facility, landfill gas control or processing facility,
sewage treatment works, or water delivery operation, if owned and
operated by a public agency.
(3) That the closing or taking would be without a corresponding
benefit in reducing air contaminants.
(4) That the applicant for the variance has given consideration to
curtailing operations of the source in lieu of obtaining a variance.
(5) During the period the variance is in effect, that the
applicant will reduce excess emissions to the maximum extent
feasible.
(6) During the period the variance is in effect, that the
applicant will monitor or otherwise quantify emission levels from the
source, if requested to do so by the district, and report these
emission levels to the district pursuant to a schedule established by
the district.
(b) As used in this section, "public agency" means any state
agency, board, or commission, any county, city and county, city,
regional agency, public district, or other political subdivision.
42352.5. (a) The hearing board, in determining whether or not the
petitioner has presented evidence sufficient to make the finding
specified in paragraph (2) of subdivision (a) of Section 42352 or
paragraph (2) of subdivision (a) of Section 42368, shall consider, in
addition to any other relevant factors, both of the following:
(1) In determining whether or not conditions exist which are
beyond the reasonable control of the petitioner, the hearing board
shall consider the extent to which the petitioner took actions to
comply or seek a variance, which were timely and reasonable under the
circumstances. In so doing, the hearing board shall consider actions
taken by the petitioner since the adoption of the rule, regulation,
or order from which the variance is sought.
(2) In determining whether or not requiring compliance would
result in either an arbitrary or unreasonable taking of property or
the practical closing and elimination of a lawful business, the
hearing board shall consider whether or not an unreasonable burden
would be imposed upon the petitioner if immediate compliance is
required.
(b) (1) As used in this subdivision, "small business" has the same
meaning as defined by the Small Business Administration, except that
no stationary source which is a major source, as defined by
applicable provisions of the federal Clean Air Act (42 U.S.C. Sec.
7661(2)), is a small business.
(2) If the petitioner is a small business and emits 10 tons or
less per year of air contaminants, the hearing board shall consider
the factors specified in subdivision (a) in the following manner:
(A) In determining the extent to which the petitioner took timely
actions to comply or seek a variance, the hearing board shall make
specific inquiries into, and shall take into account, the reasons for
any claimed ignorance of the requirement from which a variance is
sought.
(B) In determining the extent to which the petitioner took
reasonable actions to comply, the hearing board shall make specific
inquiries into, and shall take into account, the petitioner's
financial and other capabilities to comply.
(C) In determining whether or not the burden of requiring
immediate compliance would be unreasonable, the hearing board shall
make specific inquiries into, and shall consider, the impact on the
petitioner's business and the benefit to the environment which would
result if the petitioner is required to immediately comply.
42353. Upon making the specific findings set forth in Section
42352, 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 Section 41700.
42354. In prescribing other and different requirements, in
accordance with Section 42353, the hearing board, insofar as is
consonant with the Legislature's declarations in Sections 39000 and
39001, 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.
42355. (a) The hearing board may require, as a condition of
granting a variance, that a bond 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. The bond may provide that, if the party
granted the variance fails to perform the work by the agreed date,
the bond shall be forfeited to the district having jurisdiction, or
the 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.
(b) The provisions of this section do not apply to vessels so long
as the vessels are not operating in violation of any federal law
enacted for the purpose of controlling emissions from combustion of
vessel fuels.
42356. The hearing board may modify or revoke, by written order,
any order permitting a variance.
42357. The hearing board may review and for good cause, such as a
change in the availability of materials, equipment, or adequate
technology, modify a schedule of increments of progress or a final
compliance date in such a schedule.
42358. (a) 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 subdivision
(b), to exceed one year, and shall set a final compliance date.
(b) 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.
42359. Except in the case of an emergency, as determined by the
hearing board, the hearing board shall hold a hearing pursuant to
Chapter 8 (commencing with Section 40800) of Part 3 to determine
under what conditions, and to what extent, a variance shall be
granted.
42359.5. (a) Notwithstanding any other provision of this article or
of Article 2 (commencing with Section 40820) of Chapter 8 of Part 3,
the chairman of a district hearing board, or any other member of the
hearing board designated thereby, may issue, without notice and
hearing, an emergency variance to an applicant.
(b) An emergency variance may be issued for good cause, including,
but not limited to, a breakdown condition. The district board in
consultation with its air pollution control officer and the hearing
board may adopt rules and regulations, not inconsistent with this
subdivision, to further specify the conditions, and to what extent,
an emergency variance may be granted.
The emergency variance shall not remain in effect longer than 30
days and shall not be granted when sought to avoid the provisions of
Section 40824 or 42351.
42360. Within 30 days of any order granting, modifying, or
otherwise affecting a variance by the hearing board, or a member
thereof pursuant to Section 42359. 5, either the air pollution
control officer or the hearing board shall submit a copy of the order
to the state board.
42361. Any variance granted by the hearing board of a county
district or a unified district, or any member of such a hearing board
pursuant to Section 42359.5, applicable in an area which
subsequently becomes included within a regional district, including
the bay district, shall remain valid for the time specified therein
or for one year, whichever is shorter, or, unless prior to the
expiration of such time, the hearing board of the regional district
modifies or revokes the variance.
42362. The state board may revoke or modify any variance granted by
any district if, in its judgment, the variance does not require
compliance with a required schedule of increments of progress or
emission standards as expeditiously as practicable, or the variance
does not meet the requirements of this article.
42363. Prior to revoking or modifying a variance pursuant to
Section 42362, the state board shall conduct a hearing pursuant to
Chapter 8 (commencing with Section 40800) of Part 3 on the matter.
The person to whom the variance was granted shall be given immediate
notice of any such hearing by the hearing board, and shall be
afforded an opportunity to appear at the hearing, to call and examine
witnesses, and to otherwise partake as if he were a party to the
hearing.
42364. (a) The district board may adopt, by regulation, a schedule
of fees which will yield a sum not exceeding the estimated cost of
the administration of this article and for the filing of applications
for variances or to revoke or modify variances. All applicants shall
pay the fees required by the schedule, including, notwithstanding
the provisions of Section 6103 of the Government Code, an applicant
that is a publicly owned public utility.
(b) All such fees shall be paid to the district treasurer to the
credit of the district.
