AIR POLLUTION
CONTROL DISTRICT

Variance

Please fill all five (5) forms below:

Health & Safety Code Sections

Every applicant or petitioner for a variance, or for the extension, revocation or modification of a variance, or for an appeal from a denial or conditional approval of an Authority to Construct or Permit to Operate, except any State or local governmental agency or public District, shall pay the Air Pollution Control Officer or his/her authorized agent, on filing, a fee for each petition.

Rule 305 - Hearing Board Fees contains the appropriate filing fees. Please click on the rule number 305 to view the current fees.

HEALTH AND SAFETY CODE SECTIONS

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

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.

41700. (a) Except as otherwise provided in Section 41705, a person shall not discharge from any source whatsoever quantities of air contaminants or other material that cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or that endanger the comfort, repose, health, or safety of any of those persons or the public, or that cause, or have a natural tendency to cause, injury or damage to business or property.

(b) This section shall become operative on January 1, 2014

41705. (a) Section 41700 does not apply to odors emanating from any of the following:

  1. Agricultural operations necessary for the growing f crops or the raising of fowl or animals.
  2. Operations that produce, manufacture, or handle compost, as defined in Section 40116 of the Public Resources Code, if the odors emanate directly from the compost facility or operations.
  3. Operations that compost green material or animal waste products derived from agricultural operations, and that return similar amounts of the compost produced to that same agricultural operations source, or to an agricultural operations source owned or leased by the owner, parent company, or subsidiary conduction the composting operation. The composting operation may produce an incidental amount of compost not exceeding 2,500 cubic yards of compost, which may be given away or sold annually.

(b) If a district receives a complaint pertaining to an odor emanating from a compost operation exempt from Section 41700 pursuant to paragraph (2) or (3) of subdivision (a), that is subject to the jurisdiction of an enforcement agency under Division 30 (commencing with Section 40000) of the Public Resources Code, the district shall, within 24 hours by the next working day, refer the complaint to the enforcement agency.

(c) This section shall become inoperative on April 1, 2001, unless the California Integrated Waste Management Board adopts and submits regulations governing the operation of organic composting sites to the Office of Administrative Law pursuant to subdivision (c) of Section 43209.1 f the Public Resources Code on or prior to that date.