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HomeMy WebLinkAbout72-0031 2 3 4 5 6 7 8 9 10 Il Z2 13 24 15 Z6 17 is 19 20 21 22 23. 24 2S 28 RESOLUTZON N0. 72-3 BUTTE COUNTY AIR POLLUTION CONTRO~ ~~STRIC~ BE IT RESOLVED that the revisions and additi.ons to the Rules and Regulations of the Butte County Air Pollution Control District which are attached hereto as Fxhibit "A" shall be and are hereby adopted pursuant to the provisions of Health and Sa~ety Code §24260 as Ru1es and Regulatfons of the Butte County Air Pollution Control District, that the sa~.d Ru~.es and Regulations shall be added to and become a part of the existzng Rules and Regulations of the Butte County Aix Po~.lution Control District, and that they sha~.7. be in full force and ef~ect as of this date. PASSED AND ADOPTED by the Butte County Board of Su.pervisors sitting as the Butte County Air Po1lu~ion Control Baard this 4th day of January, 1972, by the following vote: AYES: Supervisors: GZ~~iAN, 142ADIGAi+T, NIAXON, II~eI~~~~,OP and Chairman Reynolds NOES : i~OPT.~ ABSENT: NONE NOT VOTING: NO~,TE ATTEST: CLARK A. NELSON, County C1.erk and ex-officio Clerk of the Board BY _ ~~ 4' ~~ ~ ART GIL , airman o t e Butte Coun Boa rd of Supervisors ~Z-3 ~ ~~~_. ( . . . REVISIONS AND ADDITIONS TO THE RULES AND R~GULATZONS OF THE BUTTE COUNTY AIR POLL[7TION CONTR0I1 DISTRICT 1 1. The following definitions shall be added to Chapter 1 2 0~ the existing Rules and Regulations of the Butte County Arr: 3 Pollution Control District: 4 Sectian 1-19. Particulate Nlatter - Discrete atmospheric 5 partic3.es of liquid, other than uncombined water, or solids, as 6 distinguished from a gas or vapor. 7 Section 1-20. Process Wei ht Per Hour - The total weight, 8 inc~uding contained moisture, of al1 materials introduced znto 9 any specific process'which may cause any discharge into the 10 atmosphere. Soiid fuels charged wi11 be consid.ered as part o~ rhe 11 process weight, but liquid and gaseous fuels and combustion air 12 wi11 noti. The "process weight per hour1° will be derived by 13 dividing the totaT process weight by the number of hours in one 14 complete vperation from tne beginning of any given process to the 15 completion ~.hereof, excluding any time during which the equipment 16 is idle. 17 Secta~on 1-21. Dust - Minute solid particles released into 18 the air by natural forces or by mechanical processes, inciuding 19 but not limited to such processes as crushing, grinding, milling, 20 drilling, demalishing, shoveling, conveying, covering, bagging o~ 21 sweeping. 22 Section 1-22. Condensed Fumes - Particulate matter 23 gene~ated by the condensation of vapors evolved a~ter volitiza- 24 ~ion from the moiten or liquid state, or generated by sublimation, 28 distillation, calcination, or chemical reaction, when these 26 p~ra~esses create air-Uorne particies. 27 Section 1-23, Air Contaminan~ - The term "air con~aminant" 2$ includes, but is not limited to smoke, dust, charred paper, soot, 29 grime, carbon, noxious acids, fumes, gases, odors, or particulate 30 ~atter, or any combination thereof. 31 Sectzon 1-2~. Nlultiple-Chamber Incinerator,- Any article, 32 machine, equipment contrivance, structure or part o£ a st~ucture, ~ ~ ?~ -~ ~--r-. ~~4 .~.:y_.µ.~.~.~.~. ~~ . . ._. _ __ _ __. _ 1 2 3 4 5 6 7 8 9 10 ~1 12 13 14 15 16 1'7 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 used to dispose o~ combustible refuse by burning, consisting of th~ee or more refractory lined combustion furnaces in series, physieally separated by refractory walls, interconnected by gas passage ports or ducts and employing adequate design parameters necessary £or maximum combustion of the material to be burned. ' The refractories shall have a Pyrometric Cone ~quivalent of at least 17, tested according to the me~hod described in the American Society for Testing Materials, Method C-24. Section 1-25, Pressure Tank.- A tank whfch maintains` working pressure sufficient at aI1 times to prevent hydrocarbon vapor o~ gas loss to the atmosphere. Section 1-26. Vapor Recovery_5 s~ - B vapor gathering system capable of collecting the hydrocarbon vapors and gases discharged and a vapor disposal system capable of processing such hydrocarbon vapors and gases so as to prevent their emission to the atmosphere, with_a11 tank gauging and sampling devices gas- tight except when gauging or sampling is taleing place. Sectinn 1-27. Floatin~ Roof - Consists of a pontoon-type or double-deck-~.ype roof, resting on the surface of the liquid contents and equzpped with a closu~e seal, or seals, to close the space between the roof edge and tank waI.1.. The control ' equipment provided for in this section shall not be used if the I gasoline or petroleum distillate has a vapor pressure of 11.0 pounds per square inch absolute or greater under actual s~orage conditions. All tanlc gauging and. sampling devices shall be gas~tight except when gauging a~ sampling is taking place.'' Section 1-28. Gasoline - Any petroleum distillate having a Reid vapor pxessure of four (4) pounds or greater. Section 1-29. Submerged Fill Pipe - Any fi1.1. pipe whickc has its d~.scharge opening entirely submerged when the liquid level is six inches (6") above the bottom of the tank. "Submerged fill pipe", when applied to a tank which is loaded 2. l 2 3 ~ 6 6 7 8 9 10 lI. 12 13 I4 15 16 17 18 19 20 21 22 23 24 2S 2B 27 28 29 30 31 32 from the side, means any fill pipe which has its dis~harge opening entirely submerged when ~he liquid level is eighteen inches (18") above the bottom of the tank. Section 1-30. Combustion Contaminant - Any particul'ate matter discharged into the atmosphere from the burning of any materia]. ~rhich contains carbon in e~.ther the free or the combined state. 5ection 1-30. Atmosphere - The air that envelopes or. surrounds the earth. Where air po~lutants are emitted into a: building not designed specifically as a piece of air pollution control equipment, such emission into the building shall be considered an emission in~.o the atmosphere. ~ Section 1-31. Staz~dard Conditions - As used in these Rules and Reg~lations, "standard conditions" refers ~o a gas` temperature of sixty (60) degrees Fahrenheit and a gas pres'sure of fourteen and seven-tenths (14.7) poun.ds per square inch'absolut Section 1-32. LPG - Ziquid petroleum gas. Section 1-33. PPM - Parts per million by volume expressed on a dry gas basis. Section 1-33. TotaZ Reduced Sulfur (~'RS) - Total reduced sulfur contazned in hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide or other organic sultide compounds, all expressed as hydrogen sulfide. Sulfur dioxide, sulfur trioxide, or sul.furic acid are not to be included in tlne determinatzon of TRS, 3. ( ,~ • ' . ~ 2. The refe.rences to Section 2-3 whzch are contained in ~ i~sections 2-4_, and .2-7_ shall be deleted.;. .:. _'... , •-'- 3. Section 2-4 of the exa.sting Rules and l2egul.ations shall • b re-nwnbered 2-3. •. 4. New Section 2-4 shall be added to read as follows:; Section 2-4e Dust and Fumes_- No person shaZl discharge . i any one hour from any so~rce whatsoever du~ or fumes in to.tal ~~q an~ities in excess of the amounts shown in the table set otit '`b low and t~tiea "Allowable Rate of Emission Based on Process ' ~ ight Rate." To use the said table, the ~'ollowi.ng steps sho~uld ~ gb follo~aed: take the process weight per hour as defined in • ~~S ctiorz 1-20, then find this figure on the table, opposite which ~"li the maximum number of pounds of contaminants which may be . 12d scharged into the,atmosphere in any one hour. interpol.ation of ~3~ e data in the table for process weights up ~0 60,000 pounds/hour 14 ~ . s a11 be accomplished by use of the equation E=4.10 P~'67 and . . ~~i te~polation and extrapoia~ion of the data for process rates in ~ ~ ~ ~ ~ ~ 18?. e cess of 60,400 pounds/hour shall be accomplished by use of'tlie 1T 0.17.-40 uation E=55.0 P . For purposes of these equations, E= ' 18 e rate of emission in pounds/hour and P= the process weight' ~ . lgj te in tons/hour. - : -•_. 20~ • _ __ _ : .: . ; _ -, Al_LO\1':~BI.E K:~'1'E OF 1'.~11~11O\ ii.\til•:11 UX 21 PROCLti11t'F'JE:lf'1` R.\-!t•: ~^ F'ruce~s 11'reght 'katt K.F:c af Emi..inn I Pn,~:.: I~c~~hi ~ Ratc Racr. ot E:mi..iuii Lh~}{t 7n~is•Hi -.I~ Hr f !E~ }!r 'i"uns.Ni 1.1~ Itr 100 O.L}5 O.~r~! 11~,Ut1U $.Otl Ili.S 200 6.10 (1.b i~ t K.unp 4.00 t i.'J 400 0.2U 1:iU 2(1.oU0 bil. 19.~ 60U 0.30 I,R3 30,000 l~. °~.°_ RO(~ 0.40 ° 2.?°_ •lO,l?0~ 20. 3t!.~ I.OfA 0.50 ~.53 ~c~.nr,o °_5., 35.4 ~,r,n~ 0.75 $.:iA ii0,f'(~0 ~ll. 90.0 2,060 i.GO -4.10 7f1,o~0 3~. ~1.3 2,:~~0 1.25 ~t::G KU.~~.i) -l0. ~2.:i 3,(f~4 1.50 5.38 ~J0.000 95. 43.6 8,5~I1? Li5 3.!~fi ICf1l~~tl 50. -~-1.6 4,~t~D 2.00 G.5~ ~ iGU,6nE1 t;0. 96.3 5,0?0 2.5U 7.58 140.1~00 ~ i0. 47.R 6,f 00 3.00 8.56 I f O.f~UO B0. 44.0 7.i~o ~.~o ~.a? ~ :.~on,nno ~~~o. ~t.2 R.400 4.b0 ' lQ.~ ~ I.n(1Q.000 5110. fi9 0 9,0?0 4-54 11.? ~" 1:C;ii n04 7.Oci0. 17.6 IO,OQ4 ;.00 1?.p ...... .. ., o ,,,,., ~~~ ~ ~2,r~Gt~ s.~o 13.~i IL ~ i ~ 1 2 3 ~, 5 6 7 8 9 10 11 ~2 13 14 15 16 17 18 19 20 2I 22 23 24 25 28 27 28 29 30 31 32 5. Section 2-5 shall be amended to read as follows:: 5ec~ion 2-5. Particulate matter eoncentration - No,person sha~~ disc~arge into the atmosphere from any source particulate matter in excess of 4.3 grains per cubic foot of gas at standard ' cond~tions. When the source involves a combustion process, the ~.: concentration must be calculated to 12 percent carban dioxide (C02). In measuring the combustion contaminants from incinerators used to dispose of combustible refuse by burning, the carbon dioxide CC02) produced by combustion of any 1ic~uid or gaseous fuels sha11 be excluded trom the calculation to 12 percent of 5. 1 carbon dioxide (C02). 2 The prov~sions of this section shall not apply to processes 3 in lawfu~ operation on the effective date of these regulations; 4 p~ov~ded, hawever, that said processes shall comply w~th this' 5 section on and a£tex December 31, 1972. 6 6. Sect~ons 2-12 through 2-17 sha11 be added ta the Rules ry and Regulations to read as follows: 8 Section 2-12. Storage of Petroleum Products - a.) Any 9 exson who, after December 31, 1970, ~oads or permits the loading ~0 f gasoline into any stationary tank with a capacity ot 250 gallons 11 r more from any tank truck or trailer, except through a permanent 12 ubmerged fill pipe, unless such tank is a pressure tank or is 13 quipped with a vapor recovery system or with a f~oating roof, or 14 nless such tanlc is equipped with other apparatus of equal 15 fficiency which has been approved by the Air Pollution Control ~g fficer, is guilty o~ a misdemeanor. _ 17 b.) Any person who installs any gasoline tank with a 18 apacity of 250 ga~~ons or more which does not meet the requirements Zg f subdivisian (a) is guilty of a misdemeanor. ~ 20 c.) Subdivisions (a) and (b) shall not apply to any 21 tationary tank ins~alled prior to December 31, 1970. 22 d.) Subdivisions (a) and (b) shall not apply to any 23 tationary tank ~ah~ch is used pximarily £or the fueling o£ 24 mplements of husbandry, as such vehicles are defined in Divxs~on 2~ 6(commencing with Section 36000 of.the Vehicle Code.) 26 Section 2-13. Reduced Sulfur Emission Standards - a) It 27 hall be unlawful for any person to causa or permit the emission 28 f air contaminan~ from any premises which wi11 result in ground- 29 evel concentrations vf TRS, expressed as hydrogen sulfide, in 30 xcess ofo0,d3 PPM for a period of 60 minutes. 31 b) By July 1, 1975, the emission of TRS from Kraft pulp 32 ill recovery boilers sha11 not exceed 17.5 parts per million by 6. 1 S 3 4 5 6 7 8 9 10 Z1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2g ', 30 31 32 volume, calculated as hyd~ogen sulfideo c) By July l, 1975, the emission of TRS from any other single source, excluding Kraft pulp mill recovery boilers,';shal~ no~ exceed 0.5 pounds per ton of pulp produced, calculated'as elemental sulfuro 5ection 2-14. Sulfur Oxides Emission Standard - No`,person shall discharge into the atmosphere from.any single source"of emission whatso~ver any s~lfur oxides in excess of Oo2 percent by volume (2000 PPM) collectively calculated as sulfur dioxide fS02). Section Z-15. Circumvention - No person sha11 bu~7C1., erect, install or use any article, machine, equipment or other contrivance the use of which, without resulting zn a xeduction in the total release ot air contaminants to the atmosphere, reduces or conceals an emission which wouid otherwise constitu~e a vio'lation of the Health and Safety Code of the State of California or of these Rules and Regulationso This Rule shall not apply to'cases in which the only violation involved is of Section 24243 of ~he Health and Safety Code of the State of California or Section:2-1 of these Rules and Regulationso Section 2-I6o Separation of Emissions.- If air contaminants from a single source operation are emitted through two or more emission points, the totai emitted quantity of any air con~amznant Limited by these RuZes and Regu~•ations shall not exceed the ! quantity which would be the allowable emission through a single emission point, and the total emitted quantity of any such air contaminant shall be takea as the product of the high~st concentration measured in any of th"e emission points and t~e combined exhaust gas volume from all emission points, unleSs the person responsible for the source operation establ~shes, to the 'sa~isfaction of the Air PolZution Control Officer, the correct itotal emitted quantity. 7' p 1 2 3 4 5 B 7 8', 9 ~0 11 T2 13 l~ 15 16 17 18 19 20 21 22 23 24 28 28 27 28 ~~ 29 30 31 32 Section 2-ll. Combination of Emissions - a) If air contaminants from two or more source operations are combined prior to emission and there are adequate and reliable means reasonably susceptible to confirmation and use by the Air Pol.].ution Control Officer for establishing a separation of the components o~ the combined emission to indicate the nature, extent, quantity and d.egree of emission arising from each such source operation, then a11 of the applicable prohibitions contained in thesa Ru1es and Regulations sha11 apply to each such source operation separately. b) 2f air contaminants from two or more source operations are combined prior to emission, and the combined emissions cannot be separated according to the provisions of part (a) of this' section, then a11 of the applicable prohibitions contained iri these Rules and Regulations shall be applied to the combined emission as if it originated in a single source operation. `8. 1 2 3 4 5 e 7 8 9 10 I1 12 13 ' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 7, Chapter 4 sha~11. be added ta the Ru1es and Regulations to read as follows: Chapter ~. Permit Sgstem. Section ~-l. General Requiremer~ts - a.) No person shall cause or permit the constr~ction or modification of any new source of air contaminants without first obtaining an authority to construct or modify from the Air Po~Lution Control Officer as to the location and design of such new source to comply with applicable rules and regtilations and ambient air quality standards of the District. b.) The Air Pollution Control O~~icer shall not approve sucn construction or madification unless the applicant demonstrate ~o the satisfaction of the Air Pollution Control Officer that the new source can be expected to comply with a:I.lapplicable ' state laws and District rules and regulations. Sec~ion 4-2. Permits Requi,red - a.) Authori~Y to Construc Any person bailding, erecting, altering or replacing any article, machine, equipment or other contrivance, the use of which may cause the issuan.ce of air contaminants or the use of which may e].iminate or reduce or eantrol th.e issuance of air contaminants, shall first obtain written authorization for such construction from the Ai.r Pollu.tion Control Officer. An authority to con- struct shaJ.l remain in effect until the permit to operate the equipment for which the application was filed is granted or denied or the applicati.on is cancelled. b.) Permit to Operate. Before any article, machine, equipment or other contrivance described in subsection (a) or leased or rented for operation or use, above may be operated or used,l a written permit shall be obtained from the Air Pollution Control Officer. No permit to opera~e o~ use shall be granted either by the Air Pollution Control Officer or the Hearing Board fox~ any article, machine, equipment ox contrivance c~escr~.bed in subsection (a) above, constructed : 9a 1 2 S 4 5 6 7 8 9 10 11 12 13 ' 1.4 15 16 17 18 i9 20 21 22 23 24 2"v 26 27 28 29 30 31 32 nr installed without authorization as required by subsection:(a) above, until the information required pursuant to these Rules and Regulations is presented to the Air Pollution Control Officer and such article, machine, equipment or contrivance is altered if necessary, and made to cnnform to the standards set forth elsewhere in these Ru1es and Regulations, Section 4-3. Permit Fee - Each applicant for a permit required by this Chapter shall, upon filing h~s application and paying a minimum filing fee of ten dollars ($10000), pay an additional fee as specified in the following fee schedule;' provided, however, that no fees shall be required for the filing of an application for a permit by a pub~ic agency or a public officer acting in the scope of his official capacity. These fees have been determined by the Air Po~.7.ution Cantrol Board to not exceed tne estimated cost of issuing the specified permits and inspecti,on pertai~ning to such issuancea Nei~.her the filing fee nor the schedule fees shall be returnable. Type of permit Fee Permit to construet alter or o erate ue urnin e ui ment ase upon esigned ue consumption of th.e equipment in British Thermal Units (BTUs} per hour, using gross heating values of the fuel) Up to and including 10,000,000 BTUs per hour $:.5,00 Qver 10,000,000 BTUs per hour 50.00 Permit to construct alter or o erate incinerator ased upon maximum orizontal ins~.e cross-section area, in square feet, of the primary conbustion chamber) Up to and including 100 sq. ft, $ 5.00 Qver 100 sq. ft. 50.00 10. 1 2 3 4 S 6 7 8 9 10 11 12 i3 14 15 ~6 17 18 19 20 2I 22 23 24 2S 26 27 28 , 29 30 31 32 Permit to construct~ alter or o ~e~_r_ate o-Ter equipment not speci~ied a ob ve w~~icfi may cause the emission of air contaminants $10.00 , Du l~ica_t~permits (to replace lost or ; estroye pe~mits? $ 2.00 Section 4-4. ExemQtions fxom_Fermit Requirement -`No authorization to construct or perm~~ to operate, shall be required for: a. Vehicles as defined by the Vehicle Code o£ the S.tate of California, but not inc~uding any article, machine, equipment or other contrivance maunted on such vehicle that would otherwise require a pexmit under the pro- visions of these Ru1es and Regulations. b. Vehicles used to transport passengers or freight. c. Equipment utilized exclusively in connection with any structure which is designed for and used e~clusively as a dwelling for not more than two (2) families, including incinerators used exclusively in connection with such a structure. 10~a. .~ 7 8 9 10 11 12 13 14 15 16 17 18 19 ! 20 2I 22 23 24 25 28 27 28 29 30 31. 32 d. The foliowing equipment: 1. Comfort ai.r conditioning or comfort ventilating systems which are not designad ~o remove air contaminants generated by or released from specific units or equipment. 2. Retrigeration units, except those used as, or in conjunction with, air pollution control equipment. 3. Piston-type internal combustion engines. ~. Water cooling towers and water cooling ponds not used for evaporative cooling of process water`or not used for evaporative cooling of water from barometric jets or from barometric condensers, 5. Equipment used exclusively for steaxn cleaning: 6. Presses used exclusively for extruding metals, miner•als, plastics or wood. e. Space heaters. f. Equipment used in eating establishments for the purpose of preparing food for human consumption. g. Steam heated by natural gas or LPG, or both. , h. Se1f-propelled mobile constructia.n equipment other than ~ pavement burners. i. Other sources o~ minor significance speci.fied by the Air Pollution Control Officer. j. Agricultural implemen.ts used in agricultural operations. Section 4-5. Standards for Gran~ing Ap~lications for Permits - a.) The Air Pollution Control Officer shall deny authorization ~o construct, or permit ~.o operate except as pro- vided in the "Exemptions" above, if the applicant does not`show that every article, machine, equipment or other contrivance, the use of which may cause the issuance of air contaminants, or tl~e 11 . _ _. . ~~~ 1 1 z 3 4 5 6 7 8 9 10 11 12 13 14 15 1B 17 28 19 20 21 22 23 2~ I 25 I 26 ' 27 28 29 30 31 32 use of which may eliminate or reduce or control the issuance of air contaminants, is so designed, con~rolled, or equipped with such air pollution control equipment that it may be expectiad to operate without emitting or without causing to be emitted a'ir contaminants in violation of all applicable state and local regulations. b.) No authority to cons~ruct or ~odify shall be granted unless the app~icant shows to the satisfaction of the Air Pollutio~ Control Officer that the new source, as designed or modified, does not endanger maintenance or attainment of any applicable ambient air quality standard. c.) Before authorization to construct or permit to operate is granted, the Air Poliution Control Officer may require the applicant to provide and maintain such facilities as are necessary for sampling and testing purposes ~n order to secure information that will disclose the nature, extent, quantity or degree o~ air contamznants discha~ged into the atmosphere from the article, machine, equipment or other contrivance described in the authori- zation to construct or permit to opera~e. In the event o~ such a requirement, the Ai~ Pollution Control Officer shali notify the applicant in writing of the required size, number, and location of sampling holes; the size and location of the sampling plat~orm; the access to the sampling platform, and the utilities for!operati the sampling and testing equipment. The platform and access shall be constructed in accordance with the General Industry Safety Orders of the State o£ California. d.) Tn acting upon a Permit to Operate, if the Air:" ~ Po~.].ution Control Officer f~nds that the article, machine, equip- ment or other contrivance has been constructed not in accordance with the Authorization to Construc~, he shall deny the Permit to Operate. The Air Pollutfon Control Officer shaJ.l not accept any further application for Permit to Qperate the ar~icle, machine, 12. -1 2 3 4 6 6 7 8 9 10 11 12 ].3 1~ 15 16 17 18 19 20 2I 22 23 24 2S 26 27 28 ' 29 30 31 32 ~ equipment or other contrivance so cons~ruc~ed until he finds tha~ the art~c~e, machine,equipment or other contrivance has been reconstructed in accordance with. the Au~horization to Canstr~zct. e.) The fact that an authorization to construct or modify or a permit to operate an article, machin~, equipment or other contrivance described therein shall have been issued by the Air Poll~xtion Control Otficer shall not be an endorsement of such article, machine, or other contrivance nor shall it be deemed or construed to be a warranty, guarantee or representation'on the part of the Air Pollution Control Officer that emission stancla~ds may not be exceeded by such artic3.e, machine, equipment or other contrivance. Zn every instat~ce the person, firm or corparation ~to whom suc~.authorization or permit is issued shall be and remazn responsible under these regulations for each and e~crery instarice wherein emission standards are exceeded by the article, rmachine, equipment or other contrivance described in the permit, and the fact af issuance or authorization sha7.l not be a defense to or mitigation of any charge of violation. Section 4-6. Conditzonal Approval - Z'he Air Po1l.ution Control Officer may issue an authorization to construct or'a: j permit to operate, subject to conditions which will bring the i ~ operation of any article, machine, equipment or other contrivance within the permit standards in which case the conditions shall I, be specified in wrztzng. Coznmencing work under such an authoriza- tion to construct, or operation under such a permit to operate, shall be deemed acceptance of a7.1 the conditions so specified. The Air Pollution Control Officer shall issue an authorization to construct or a permit to aperate with revised conditions upon receipt of a new application, if the applicant demonstrates that ', the artic~.e, machine, equipment or other contrivance can operate ~ within the permit standards under the revised conditions. T Section 4-7. Denial of Applications - In the event of 2 denial of authorization to construct or permit to operate the 3 Air Pollution Control Officer shall notify the appiicant in 4 writing of the reasons ~herefor. 5ervice of this notification 5 may be made in person or by mail, and such service may be pro~ed 6 by the written acknowledgement of the persons served or by the 7 at~idavit of the person making the service. The Air Pollution 8 Control Officer shall not accept further application unless the 9 applicant has corrected those matters specified by the Air 10 Pollution Control Officer as his reasons for denial of the authori- 1Z zation ~o construct or permit to operate. 12 Section 4-8, Further Infnrmation - Before acting on an ~ 13 application for authorization to construct or permit to operate, I4 t'he Air Pollutiv n Control afficer may require the applicant to 15 furnish information or further plans or specifications. I6 Section ~-9: Action on Ap lp ications ~ The app~icant'may, 17 at his option, deem the authority to construct or permit to' 18 operate denied if the Air Pollutio n Control Officer fails to 19 act on the application within thirty (30) days a£ter ~iling, qr 20 within thirty (30) days after applicant furnishes the further' 2I information, plans and specifications requested by the Air 22 Pollution Control Officer, whichever is later, and xf during ' 23 such pEriods the Air Pollution Control Officer has failed to 24 no~ify the applicant that his application is s~~ii under con- 25 sideration, Within thirty (30) days af~er the f ixst day on 28 which the applicant may deem such denial, the applicant may appeal 27 pursuant to the procedures of Section 4-ti0. 28 5ectxon 4-10. Appeals - Within ten {10) days after service 29 of notice by the Air Pollutio n Control Officer of denial or 30 conditianal approva~ of an authorization to construct or a permit 3~ to operate, the applicant may pe~ition the Hearing Board, in 32 wri~ing, pursuant to the pravisions af Chapter 6 of these Rules 14. 2 2 3 4 5 6 7 8 9 10 11 12 13 3.4 15 16 17 I8 I 19 I 20 ' 21 22 23 24 2S 28 27 28 29 3Q 3I 32 and Regulations, fvr a public hearing. The Hearing Board a~ter notice and a public hearing held within thirty (30) days after filing of the petition, may order the action of the Air Po1l.ution Control Officer sustained or reversed, and such order may be made subject ~o specified conditions. Section 4-lI_. AQpeal ~ee - Any applicant filing an appeal pursuant to Sectfon 4-10 shall pay s filing fee in the amount'of $25.00, which fee S~.aii no~ be returnable. 15. 1 2 3 4 5 6 7 S 9 14 11 , 12 13 I4 15 Z6 17 18 19 20 2I 22 23 24 2B 26 27 28 29 30, 31 32 8. Chapter 5 of the present Rules and Regulations entitled "Violations"' sha11 be re-nvmbered Chapter 7 and Sections 5-1 thm ugh 5-3 thereof shall be re-numbered 7-1 thm ugh 7-3. 9. Chapter 6 of the present Rules and Regulations enti~led "Variances" sha11 be repealed and new Chapter 5 shall be aaa~a to read as follows: ~ Chapter 5. Variances. Section 5-1. Request for Variance - Any person may request a variance from the requirements established by these Ru1es and Regulations or by orders of the Air Pollution Control Board. Application for variances shall be filed with the Hearing Board pursuant to the provisions of Chapter 6 of these Rules and iteg~lations. Sec~rion 5-2. Conditions for Granting Va_riance - Conditions for granting, revoking, modifying or ex~Cending variances shall be as prescribed in Article 5 of Chapter 2:'of Division 20 of the Health and Safety Code (commencing with Section 2429~.).'. Section 5-3. Application Fee - Any applicant ~or a variance must pay a filing ~ee in the amount of $25.00 to the C1erk of th.e Hearing Boa~rd, which fee st~all not be returnable`. 10. Chapter 6 shall be added to the Rules and Regulations to read as follows: Chapter 6. Procedure Before the Hearin Board Section 6-1. General - This chapter Sr~aii apply to a11 hearings before the Hearing Board of the Butte County Air Pollution Control District. Seetion 6-2o F`iling Peti~ions - A xequest for a hearing shall be initiated by the filing of a petit~.on in triplicate with the C1erk of the Hearing Board, O~fice of the County Cl.erk, Courthouse, ~roville, California 95465 and the payment ~ said; clerk of the appli~able fee specified in Rule 4-11 or 5-3 of these Ru1es and ReguZations, after service of a copy of the` 16. 1 2 3 4 5 6 7 8 s 10 ~1 12 13 Z4 15 16 17 18 19 20 2I 22 23 24 25 26 27 28 29 30 31 32 petition has been made on ~he Air Pollution Control Officer, , Agricultural Building, Nelson Avenue, P.Q. Box 1229, Oroville, Califoxnia 95965, and one copy on the holder of the permit or variance, if any, involved. The petition sha11 be served either by personal service or by first class mail, postage prepaid, addressed to the person to be served at his residence or principal place of business. Service may be proved by written acknowledge- ment of the person served or by the affidavit of the person ? making the serviceo ~ No fee sha11 be required for the filing of a petition by a gublic agency or a public officer acting in the scopa of his officia~ capacity. Sec~ion 6-3. Contents o~ Petition - Every petition Snaii state: Ca) The name, address and telephone number of the . petitioner, or other person authorized to receive service of notices. (b) Wka.ether the petitioner is an individual, eo-partriershi corporation or other. entity, and names and addresses of the ' partners, if a co-partnership, names and addresses of the " officex~s, if a corporation, and ~Che names and addresses of'tk~e ' governing board or other persons in control, if other entity. (c) The type of business or activity involved in the application and the street address at which it is conducted.' (d) A brief description of the article, machine, eqvipment or other contrivance, if any, involved in the applicatic (e} y~,ether t~ie:.petitioner desi.res a hearing: 1. To request a variance, from any rule, regulation or order o~ the District. 2. To request tkza~ an existing variance be revoked!or modified. 3o To appeal from the denial, conditional granting -.. ~ ~7 0 1 or suspension of any permit required by these Rules and 2 Regulations. 3 4. To determine whether a permit should be revoked, or a 4 suspended permit reinstated. 5 Section 6-4. Petition for Variance - In addition to the 6 general requxrements of Section 6-3, a petition for a variance 7 snall state briefly: 8 Ca) The ru~e, regu~ation or order of the District complaine 9 of. 10 Cb) 'The facts showing why compliance with the rule, I1 regulation or order would be unreasonable. 12 (c) The damage or harm resulting or which would result ~3 to petitioner from a compliance with such rule, regulation or lg order. l~ Cd) T'he period of time for which the variance is sought lg and the reasons why this period is necessary. 17 ~e) The requirements of such ru1e, regulation or o~der lg which petitioner can comp~y with and the date when this compl.iance 19 can be accomplished. 2p (f) The advantages and disadvantages to the residerits` 21 of the District which would result from requiring compliance"or 22 from granting a varianceo 23 (g) Whether or not opera~ions under the requested 24 variance wovld constitute a nuisance. 2~ Section 6-5. Appeal from Denial, Conditional Granting or 26 Suspensiono- In addition to the general requirements of Section 27 6~3, petitions for review of the denial, condi~ional granting or 28 suspension of any permi.t required by these rules and regulations 29 sha11 set forth a summary of the application for the pe~mit, or a 30 copy thereof, the alleged reasons for the denial, conditional. 31 granting or suspension, and the reason,s for the appeal. 32 .... 180 _ ~., .. .. _. _ _ _ . _, , _ _ _ ~~ ~ _ ~ _. - 1 2 3 4 S e 7 8 9 10 I 11 ~2 13 14 15 1 16 17 ' 18 19 20 21 22 23 I 24 2S 26 27 28 29 30 31 32 Sect~on 6-6. Petition for Revocation of Permit - In additzon to the ge~eral requirements of Section 6-3, petitions for revocat~on of permits sha11 allege the rule or regulation under which the permi~ was granted and the rei.le or regulation whic. is alleged to have been vio~ated, together with a brief state- ment of the facts constituting s~ch alleged violation. 5ection 6-7. Pe~ition for Reinstatement of Sus ended Permit - Tn addition to the gene~a~ requirements of Section 6-3, petitions for reinsta~emen~ of a suspended permft shall allege the rules under which the permit was granted, together with a brief statement of th.e information, analyses, plans or speci~ica- tions which were required by the Air Pollution Control Officer and wf~y such information was not furnished, together with a brief statement why the petiti.oner believes such inFormation was not pertinent, or, if the petitioner believes the information was pertinent, a brief statement when it wi].]. be furnished. Section 6-8. Appeal and Petition for Variance after Permit DeniaZ - The Hearing Board shall not receive or accept a petition for a variance ~or the operation or use of any article, machine, equipment or other contrivance until a permit to operate has been granted or denied by ~he Air Pollution Contro7. Officer; except that an appeal from a denial of a permit to operate and a petition for a variance may be filed with the Hearing Board in a single petitian. A variance granted by the Hearing Board after a denial of a permit to operate by the Air Pollution Control Office~ may include a permit to operate for the duration of the var~.ance . Section 6-9. Failure to comply with rules - The Clerlc of the Hearing Board shall not accept ~or filing any petita.on which does not comply with these Rules xelating to the form, fila:ng and service of petitions unless the chairman or any two members of the Hear~ng Board direct otherwise and confirm such direction in 19 l 2 3 4 5 6 7 8 9 ~ 10 Il 12 13 i4 15 16 17 18 is 20 21 22 23 24 2S 26 27 28 29 30 31 32 w~iting. Such direction need not be made at a meeting of the Hearing Board. The chairman or any two members, without a meeting, may require the petitioner to state further £acts'or reframe a petition so as to disclose clearly the issues ~nvolved. Section 6-10. Answers - The holder of the permit or varian e involved, the Air Pollution Control Officer or other interested person may file an answer to a petition filed pursuant to the provisions of this chaptex within 10 days after service of't~e petition on him. AL1 answers shall be served in the same manner as petitions under Section b-2. Section 6-11. Dismissal of Petition -'I"he pe~itioner may req~est dism~.ssal of his petition at any time prior to submission of the case to the Hearing Board, and the cle~k of the Hearing Board shall dismiss the petition zn such a case without the necessity of a hearing or meeting of the Hearing Board. The clerk sh.a11 noti~y all interested persorzs of such dismissal. Section 6-].2o Time arzd Place of Hearing - All hearings sha11 be held within 30 days after the petition therefor has been tiled at a time and place designated by the Hearing Board. Section 6-13. Notice and Hearing - Not Iess than 1Q days before the date of the hearing, the Clerk of the Hearin~g Board shall serve a notice of the time and place of hearing on the; petitioner, on the Air Pollution Control Officer, on the holder o~ the permit or variance involved, if any, on any person entitled to notice under Sections 24275, 24295 ar 24299 of the Health' and Safety Code, and on any person requesting specia7. notice' p~msuant to Section 6-14. Service of the notiee sha11 be made in , the manner specified in Section 6-2; provided, however, that'zf ~he identity or address of any persori entitled to notice is unknown, service shall be made as specified in Section 243QO of the Health and Safety Codee 2~ . ll 2 3 4 5 6 7 8 9' ZO ' 11 12 13 14 15 16 17 18 19 zo 21 22 23 24 2S 26 27 28 29 30 31 32 Section 6-14. Interested Members of Public; Special Notice The Hearing Board shall a11ow interested members of the public a reasonable opportunity to testify with regards to petitions for variances and sha1T consider such testimony in making its determination. Interested members of the public may request special notice of hear~ngs on such petitions by filing a written request therefor with the Clerk of the Hearing Board. Section 6-i5. ~vidence -{a} Oral evidence shall be taken at the hearing only on oath or affirmation, (b) Each party shali have the following rights at the hearing: to cail and examine witnesses; to introduce exhibits; , to cross-examine opposing witnesses on any matter relevant to the i, issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party ~irst called him to testify; and to rebut the evidence against him. If respondent does not tes~ify in his own behalf, he'may be ca7.led and examined as if under cross-examination. (c) The hearing need not be conducted according to' technical rules reiating to evidence and witnesses. Any relevant evidence sha11 be admitted if it is the sort o~ evidence on which responsible persons are accustomed to rely in the conduct of , serious affairs, xegardless of the existence of any com~non`law ', or statutory rule which might make improper the adma.ssa.on of such evidence over objection in civil actions. Hearsay evidence may be used for tl~e purpose of supplementing or explainixig any direct evidence but sha11 not be sufficient in itself to support a finding unless it would:be admissible ove~ objection zn civil , actions. The rules of privilege shalT be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence sha11 be excluded. 21. . _. , ,_ _ _ : _ _ : ~~ ~...`~.. .. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 23 24 2B 28 27 28 29 30 31 32 Sec~ion 6-16. Record of Proceedings - A record of all proceedings had before the Hearing Boa rd shall be made. Th`e record sha11 be prepared in accordance with one of the following methods. l. A written summary of alI the evidence, testimony.and proceedings had and presented at the hearing sha11 be made by a person designated by the Hearing Board for that purpose; or 2. Any interested person, including the District, may at his 6,~rn cost provide a certifzed shorthand reporter satisfactory to the Hearing Board who sha11 prepare a verbatim t~anscript of a11 the evidence, testimony and proceedings had and presented at the hearing. The Hearing Board may reguire that the original and one copy of such transcript, each certified to by the reporter as to its accuracy, be filed with the Hearzng Board:~ithi:n 30 days fram the closing date of the hearing unless required by the Boa~d prior to that time. Section 6-17. Preliminary Matters - Preliminary matters such as setting a date for hearing, grsn~ing continuances, approving petitions for filing, allowing amendments and oth'er preliminary rulings not determinative of the merits o~ the,case may be made by the chairman or any two members of the Hearing Board without a hearing ar meeting of the Hearing Board and:without notice. Section 6-18. Official Notice - The Hearing Board may take offi~ia], notice'of an.y matter which may be judicially noticed by ',the courts of this 5tate. Section b-19. Continuances - The Chairman or any two ` members of the Hearing Board sha1l grant any continuance of 15 days ox less, concurred in by petitioner, the Air Pollution Control Officer and by every person who has fi~ed an answer in the action and may grant any other reasonable continuance; in either case 22e ll 2I 3 4 6 8 7 8 9 10 i 11 12 13 14 15 1B 17 18 19 20 2I 22 23 24 2S 28 27 28 29 30 31 32 such action may be ex parte, witho~t a meeting of the Hearing Board and without prior notice. Section 6-20. Decision - The decision of th e Hearing Board on each petition shall be in writing, served and filed within 30 days after submission of the cause bp the parties thereto and sha11 contain a brief sta~eme~t of ~acts found to be true, a determination of the issues presented and the order o.f the Hearing Board. A copy of the decision shall be served in the manner specified in Section 6-2 on the Air Pollution Control ~ Officer, the petitioner and every pe~son who has filed an answer or who has appeared as a party in person or by counsel at the hearinga Section 6-21. Effective Date of Decision - The decision sha17. become effective 15 days after copies of it have been served as provided in Sectzon 6-20; prova.ded, however, that'the Hearing Board may order that the dec~.sion shall become effect;ive on an earlier specified day. ii. Chapter 7 of the existing Rules and Regulations sha11 be re~numbexed Chapter $ and Sectiorzs 7-1 and 7-2 thereof sha1.T :. be re-numbered 8-I and 8-2 respectively. 23. 1 12. Section 2-6 of the existing Rules and ~egulations'sha11 2 be amended to read as ~ollows: 3 Section 2-6. The provisions of Sec~ions 2-l, 2-2,.,2=5~'a~d 4 2-8 sha11 no~ apply to smoke fxom fires: 5 a} Set by or permitted by any public officer if such fire e is set or parmission given in the performance of the official 7 duty of such officer, and such fire in the opinion of such 8 officer is nacessary: 9 I) For the purpose of the prevention of a fire hazard 10 which cannot be abated by any other means, or 11 2} For the instruction of pub~ic employees in the methods 12 of fire fighting, or 13 3) For the improvement of ~watershed range or pasture, or 14 4) For tl~e growing of crops or raising of fo~c,~1s or 15 animals, or ~6 5) For the purpose of disease and pest control and' l~ preventiono 18 b) S~t pv.rsuant to permit on property used for industrial 19 purposes ~or the purpose of instruction of employees in 2d methods of fire fibhting. 21 c) Set pursuant to Section 4426 of the Public Resourc;es: Code' 22 as Back fires necessary to save life or valuable prope"rtye 23 24 25 26 27 ~ ~ ~ ~~ 28 29 30 3Z 32 24. ~~~ ~ ~.