U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 691
Air Pollution Regulations in State
Implementation Plans: California,
San Luis Obispo County
Abcor, Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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r-a 296631
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-054-34
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
California
San Luis Obispo County
* •• -•• I
k < \,-:": 1
REPRODUCED 8Y
, NATIONAL TECHNICAL
' INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD. VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing}
1. REPORT NO. \2~
EPA-450/3-78-054-34_ [_
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: California San Luis Obispo County
6. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS
c. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
fl. OISTRIHUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (Thispage)
Unclassified
22.
EPA Form 2220-1 (9-73)
I
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EPA-460/3-78-054-34
Air Pollution Regulations
in State Implementation Plans
f
California
San Luis Obispo Counjty
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-054-34
M
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INTRODUCTION
This document-has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been •
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of .both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
iii
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
1v
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SUMMARY SHEET
OF.
EPA - APPROVED REGULATION CHANGES
SAN LUIS OBISPO COUNTY
Submittal Date Approval Date Description
6/30/72 9/22/72 All Regulations
unless otherwise
specified.
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
v1
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
R1ce and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation. Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Participates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (Includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (Includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (Includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
vii
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TABLE OF CONTENTS
SAN
Revised Standard
Subject Index
(2.0)
-
(1.0)
(2.0)
(7.0)
(2.0)
(50.7)
(50.1.2)
(50.1)
(50.0)
(51.9) (51.13)
(7.0)
(51.21)
(4.7)
(51.16)
(2.0)
(51.13)
(51.1)
LUIS OBISPO COUNTY
Reg -
Rule Number
Rule 10
Reg I
Rule 100
101
102
no
111
112
113
114
115
116.1
116.2
116.3
116.4
116.5
117
119
REGULATIONS
Title
Title
Air Pollution Control
Definitions
Effective Date
Breakdowns and Upset
Conditions
Prohibitions
Nuisance
Visible Discharges
Parti cul ate Matter
Gaseous Contaminants
Combustion Operations
Equipment Testing,
Firing and Cleaning
Reduction of Animal
Matter
Toxic Materials
Oil -Effluent Water
Separator
Circumvention
Agricultural Burning
Orchard or Citrus
Page
Number
1
1
1
4
6
6
6
7
8
10
12
13
13
13
14
15
15
1 *•*
Grove Heaters 18
viii
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Revised Standard
Subject Index
Reg -
Rule Number
Title
Page
Number
(3.0)
(2.0)
(3.0)
(16.0)
(13.0)
(2.0)
(16.0)
(2.0)
(51.13)
190 Permits 18
191 Action in Areas of
High Concentrations 24
192 Application Fees 25
193 Hearing Board Fees 26
194 Technical Reports
Charges For: 26
195 Fee Schedule 27
196 Procedure Before the
Hearing Board 29
199 General Provisions 33
Appendix A Implementation Plan
for Agricultural Burning
Guidelines 35
IX
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DECLARATION OF POLICY
/
It is the public policy of San Luis Obispo County Air Pollution Control
Board that deterioration of environmental quality through the emission
of land, water or air pollutants within the boundaries of San Luis
Obispo County be controlled to promote the continued enjoyment of prop-
erty for all permitted land uses to the optimum degree consistent with
continued economic, social and physical growth and development.
(2.0) RULE 10. TITLE.
These rules and regulations shall be known as the Rules and Regulations
of the San Luis Obispo County Air Pollution Control District.
REGULATION 1 - AIR POLLUTION CONTROL
(1.0) RULE 100. DEFINITIONS.
1. Except as otherwise specifically provided in this Regulation 1
and except where the context otherwise indicates, words used
in this Regulation 1 are used in exactly the same sense as the
same words used in Chapter 2, Division 20 of the Health & Safety
Code.
2. PERSON. "Person" means any person, firm, association, organi-
zation, partnership, business trust, corporation, company,
contractor, supplier, installer, user, owner, state or local
governmental agency or public district, or any officer or
employee thereof.
3. BOARD. "Board" means the Board of Supervisors of San Luis
Obispo County acting as the A1r Pollution Control Board of the
San Luis Obispo County A1r Pollution Control District.
4. CONTROL OFFICER. "Control Officer" means the Health Officer of
San Luis Obispo County, acting as Air Pollution Control Officer
of the San Luis Obispo County Air Pollution Control District.
5. DISTRICT. "District" means the San Luis Obispo County Air
Pollution Control District.
6. HEARING BOARD. "Hearing Board" means a three member board
appointed by the Air Pollution Control Board of San Luis
Obispo County pursuant to Section 24225 and 24226 of the
California Health & Safety Code with the powers and duties
prescribed for Hearing Boards in Chapter 2, Division 20, and in
Part 1, Division 26, of the California Health and Safety Code.
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7. SECTION. "Section" means a Section of the Health & Safety Code
of the State of California unless some other statute is
specifically mentioned.
8. RULE. "Rule" means a rule of the San Luis Obispo County Air
Pollution Control District.
9. REGULATION. "Regulation" means one of the major subdivisions
of the Rules and Regulations of the San Luis Obispo County Air
Pollution Control District.
10. SUBSECTION. "Subsection" means a subsection of a rule of the
San Luis Obispo County Air Pollution Control District.
11. ATMOSPHERE. "Atmosphere" means the air that envelopes or
surrounds the earth. Where air contaminants are emitted into
a building or structure not designed specifically as a piece of
air pollution control equipment, such emission into the building
or structure shall not be considered as emission into the
atmosphere, unless such emission subsequently is released or
permitted to escape from the building.
12. STANDARD CONDITIONS. As used in this Regulation 1, standard
conditions are a gas temperature of 60 degrees Fahrenheit and
a gas pressure of 14.7 pounds per square inch absolute. Results
of any analyses and tests shall be calculated to and reported at
this gas temperature and pressure.
13. "AIR CONTAMINANT" includes smoke, charred paper, dust, soot,
grime, carbon, noxious acids, fumes, gases, odors, or particulate
matter, or any combination thereof.
14. PARTICULATE MATTER. "Particulate Matter" is any material, except
uncombined water, which exists in a finely divided form as a
liquid or solid at standard conditions.
15. TOXIC MATERIAL. "Toxic Material" means any material for which
a Threshold Limit Value has been established or any material
that can cause any of the effects listed in Subsection 3b and 3c
of Rule 116.
16. THRESHOLD LIMIT VALUE. "Threshold Limit Value" means any limit
adopted or recommended by the American Conference of Government
Industrial Hygienists for occupational exposures.
17. COMBUSTION CONTAMINANTS. "Combustion Contaminants" are solid
or liquid particles discharged into the atmosphere from the
burning of any kind of material containing carbon in a free or
combined state.
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18. PROCESS WEIGHT. "Process Weight" means the total weight of all
materials Introduced into any specific process, which process
may cause any discharge into the atmosphere. Solid fuels
charged will be considered a part of the process weight, but
liquid and gaseous fuels and combustion air will not. "The
Process Weight Per Hour" will be derived by dividing the total
process weight by the number of hours in one complete operation
from the beginning of any given process to the completion
thereof excluding any time during which equipment is idle.
19. AGRICULTURAL WASTES AND BURNING.
a. Agricultural Wastes:
\
"Agricultural Wastes" are defined as unwanted or unsaleable
materials produced wholly from agricultural operations,
other than forest or range management operations, directly
related to the growing of crops or animals for the primary
purpose of making a profit or for a livelihood.
b. Agricultural Burning:
' "Agricultural Burning" means open outdoor fires used in
agricultural operations (in the growing of crops or raising
of fowls or animals, forest management, or range improvement)
c. A "no-burn" day means any day on which the Air Resources
Board prohibits burning of agricultural wastes.
d. A "burn" day means any day on which the Air Resources Board
does not prohibit burning of agricultural wastes.
20. OPEN OUTDOOR FIRE. "Open Outdoor Fire" means any combustion of
combustible material of any type outdoors, in the open, not in
any enclosure, where the products of combustion are not directed
through a flue.
21. HOUSEHOLD RUBBISH. "Household Rubbish" means waste material and
trash, including garden trash and prunings, normally accumulated
by a family in a residence in the course of ordinary day-to-day
living.
22. COMBUSTIBLE REFUSE. "Combustible Refuse" is any combustible
waste material containing carbon in a free or combined state.
23. REDUCTION. "Reduction" means any heated process, including
rendering, cooking, drying, dehydrating, digesting, evaporating
and protein concentrating.
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24. CONTAINING DEVICE. "Containing Device" means any stack, duct,
flue, oven, kettle, or other structure or device which so
contains an air contaminant, or a gas stream which contains
or may contain an air contaminant, as essentially to prevent its
entering the atmosphere except through such openings as may
be incorporated for emission purposes.
a. MULTIPLE CHAMBER INCINERATOR. "Multiple Chamber Incinerator"
means any equipment, article, machine, contrivance, structure
or part of a structure used to dispose of combustible
refuse by burning, consisting of three refractory lined
combustion furnaces in series, physically separated by
refractory walls, interconnected by gas passage ports or
ducts employing adequate design parameters necessary for
maximum combustion of material to be burned.
b. ORCHARD OR CITRUS GROVE HEATERS. "Orchard or Citrus Grove
Heater" means any article, machine, equipment or other
contrivance burning any type of fuel, capable of emitting
air contaminants, used or capable of being used for the
purpose of giving protection from frost damage.
c. "SINGLE SOURCE" means any single stack, duct, flue, structure,
device, or operation which is capable of emitting air
contaminants into the atmosphere.
d. OIL-EFFLUENT WATER SEPARATOR. "Oil Effluent Water Separator"
is any tank, box, sump or other container in which any
petroleum or product thereof, floating on or entrained or
contained in water entering such tank, box, sump, or other
container, is physically separated and removed from such water
prior to outfall, drainage, or recovery of such water.
25. REDUCED SULFUR COMPOUNDS. "Reduced Sulfur Compounds" means sulfur
contained in hydrogen sulfide, mercaptans, dimethyl sulfide,
dimethyl disulfide or other organic sulfide compounds, all
expressed as hydrogen sulfide. Sulfur dioxide, sulfur trioxide,
or sulfuric acid mist are not to be included in the determination
of total reduced sulfur compounds.
(2.0) RULE 101. EFFECTIVE DATE.
This Regulation 1 shall take effect on 26 May 1971. Future amendments
to this Regulation 1 shall take effect on the dates specified therein
or as specified in the order by which they are adopted.
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1. a. Except in the case of a nuisance, a reasonable time for
compliance with this Regulation 1, shall be allowed by the
Hearing Board for existing equipment whenever the lack of
compliance is a result of: (1) an adoption or change in
this Regulation 1 or in any of the Rules therein, in the
statutes or regulations of the State of California, or in the
laws or regulations of the United States of America, or
(2) the installation of a source by another person; provided
that persons responsible for any emission not in compliance
with this Regulation 1, for any of the reasons stated above
in this subsection shall submit reports to the Hearing
Board at its request which are acceptable to it, and
which give the expected time for compliance, the intended
methods of compliance, and the progress towards compliance.
The general policies leading to compliance with this
Regulation 1 shall be administered by the Control Officer.
b. The Hearing Board shall prescribe all conditions of compliance
in writing which shall be transmitted in sufficient time
for the person to comply with the time period prescribed by
the conditions.
2. The term "Time for Compliance" as used in this Rule shall
include each of the following: time for engineering, time for
procurement, time for fabrication, and time for installation
and adjustment. If suitable control technology has not been
developed, "Time for Compliance: shall also include a reasonable
time for developing suitable control technology, provided that
the persons responsible for the emissions make every reasonable
effort to minimize said emissions. The Hearing Board may
require such periodic reports be submitted to the Control Officer
on each phase of progress toward compliance as may be necessary
to show reasonable progress toward compliance. Failure at any
phase to make reasonable progress toward completion of such
installations as are required for final compliance shall be
deemed an unreasonable delay in compliance.
3. In the event any such time limit expired without compliance the
Hearing Board may, pursuant to Health & Safety Code Section
24260.5, issue an Order for Abatement. The Order for Abatement
shall specify the date and time such Order shall take effect,
and the person operating said use shall, by said date, abate
said emission.
4. Willful negligence or intentional non-compliance related to
this Rule 101 shall be subject to the enforcement provisions
of Rule 199 of this Regulation.
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(7.0) RULE 102. BREAKDOWNS AND UPSET CONDITIONS.
Except in the case of a nuisance, the Control Officer may stay enforce-
ment action whenever the lack of compliance is a result of a breakdown
or an upset condition in the equipment emitting the contaminant, provided
that the persons responsible for the emissions notify the Control Officer
immediately and submit such reports as the Control Officer may request,
said reports including evidence that reasonable efforts were made to
prevent the breakdown or upset condition when it occurred, and that
additional efforts will be made to prevent future breakdowns or upset
conditions. Additional efforts can include, but need not be limited to
new equipment, additional preventive maintenance, and improved operating
techniques.
AIR CONTAMINANTS
(2.0) RULE 110. PROHIBITIONS.
1. Prohibitions Under State Law. The Provisions of the Health &
Safety Code of the State of California shall, in addition to those
listed hereunder, be enforced by the Control Officer and all
Officers indicated by Article 2, Chapter 2, Division 20 of said
Code. These provisions include but are not limited to Article 3
of Chapter 2 of Division 20 and Chapter 3.5 (commencing with
Section 39077) of Part 1 of Division 26 of said Code.
2. This Rule is not intended to preclude the enactment or enforce-
ment of any Rule stricter than the provisions mentioned above.
Further, nothing in this Regulation 1 is intended to permit any
practice which is a violation of any Statute, Ordinance, Rule
or Regulation.
3. All applicable Rules of this Regulation 1 shall be applied to
anv source of contamination. Wherever in this Regulation 1 a
Rule makes a requirement for emissions, and other provisions of
this Regulation 1 are less restrictive as to emissions under
certain conditions or operations, violation of the most restrict-
ive requirement shall be a violation of this Regulation 1 unless
the person responsible for the emission shall establish that
a less restrictive part of this Regulation 1 applies in the
specific case.
(50.7) RULE 111. NUISANCE.
A person, firm, corporation or company shall not discharge from any source
whatsoever such quantities of air contaminants or other materials which
cause injury, detriment, nuisance or annoyance to any considerable
number of persons, employees, or to the public or which endanger the
comfort, repose, health or safety of any such persons or the public or
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which cause or have a natural tendency to cause injury or damage to
business or property.
(50.1.2)RULE 112. VISIBLE DISCHARGES.
A person shall not discharge into the atmosphere from any single source
of emission whatsoever any air contaminant for a period or periods
aggregating more than three minutes in any one hour which is:
1. As dark or darker in shade as that designated as No. 2 on the
Ringlemann Chart, as published by the United States Bureau of
Mines, or
2. Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in Subsection 1 of
this Rule.
3. Exception: Each of the following is a separate exception to the
Subsections 1 and 2 or this Rule:
a. A fire set by or permitted by public officer, if such fire
has been authorized by the Control Officer and is in the
performance of the official duty of such Public Officer, and
such fire in the opinion of such Public Officer is necessary
for any of the following:
(1) For the purpose of the prevention of a fire hazard
which cannot be abated by any other means;
(2) The instruction of public employees in the methods of
fighting fires;
b. Fires permitted by the Control Officer on property used for
industrial purposes for the purpose of instruction of
employees in methods of fighting fire.
c. Fires authorized for agricultural burning for disposal of
agricultural waste, as defined in Rule 100, Subsection 19.b.,
and pursuant to Rule 117.
d. Fires permitted by the Control Officer related to the use of
farm equipment in agricultural operations.
e. Any other fire permitted by the Control Officer in the per-
formance of official duty, if such permission is given for
the purpose of right-of-way clearing by a public entity or
utility, levee and ditch maintenance, or the prevention of a
a fire hazard, which fire is, in the opinion of such official,
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necessary. Such authorization shall be predicated upon
guidelines for meteorological data promulgated by the Air
Resources Board of the State of California establishing the
conditions for burning.
f. Fires used only for cooking or food for human beings or for
recreational purposes.
g. Any fire if it can be demonstrated that nothing but carbon
dioxide, nitrogen dioxide, or water vapor is emitted under
all operating conditions.
h. Wet or Dry Plumes. Where the presence of uncombined water
is the only reason for the failure of an emission to meet
the limitations of this Rule 112, said Rule shall not apply.
The burden of proof which establishes the application of this
exception shall be upon the person seeking to come within its
provision.
i. Use of backfires to save life or valuable property pursuant
to the Public Resources Code, Section 4426.
j. The abatement of fires pursuant to Chapter 2 (commencing with
Section 13025) of Part 1 of Division 12 of the Health and
Safety Code.
(50.1) RULE 113. PARTICULATE MATTER.
1. A person shall not discharge from any single source whatsoever
particulate matter in excess of 0.3 grains per cubic foot of gas
as measured at standard conditions over a period of one hour.
2. A person shall not discharge in any one hour from any source
whatsoever particulate matter as measured at standard conditions
in excess of the amount shown in Table 1.
3. To use Table 1, take the process weight per hour as such is
defined in Subsection 18 of Rule 100. Then find this figure in
the table and the number to the right is the maximum number of
pounds of contaminants which may be discharged into the atmos-
phere in any one hour. As an example, if A has a process which
emits contaminants into the atmosphere and which process takes
3 hours to complete, he will divide the weight of all materials
in the specific process, in this example 1,500 Ibs., by 3 giving
a process weight of 500 Ibs. The table shows that A may not
discharge more than 1.77 Ibs. in any one hour during the process.
Where the process weight per hour falls between the figures in
the left hand column, the exact weight of permitted discharge
may be interpolated.
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4. Combustion Contaminants: A person shall not discharge combustion
contaminants, as measured at standard conditions from any single
source, in excess of 0.3 grains per cubic foot of gas corrected
to 3% oxygen, on a wet basis, except during the start of an
operation or change in energy source during the time necessary to
bring the combustion process up to operating level. With respect
to the measurement of combustion contaminants from incinerators
used to dispose combustible refuse by burning, the correction
shall be to 6%, rather than 3% oxygen on a dry basis, and as if
no auxiliary fuel had been used.
5. Exceptions: Each of the following is a separate exception to
Subsection 1, 2, 3, and 4 of this Rule:
a. Mobile equipment used solely in agricultural operations
b. Motor vehicles
c. Self propelled earthmoving equipment.
TABLE 1
*Process Maximum Wt *Process Maximum Wt
Wt/hr (Ibs) Disch/hr (Ibs) Wt/hr (Ibs) Disch/hr (Ibs)
50 24 1100 2.97
100 46 1200 3.12
150 66 1300 3.26
200... 85 1400 3.40
250 1.03 1500 3.54
300 1.20 1600 3.66
350 1.35 1700 3.79
400 1.50 1800 3.91
450 1.63 1900 4.03
500 1.77 2000 4.14
550 1.89 2100 4.24
600 2.01 2200 4.34
650 2.12 2300 4.44
700 2.24 2400 4.55
750., 2.34 2500 4.64
800.. 2.43 2600 4.74
850. 2.53 2700 4.84
900 2.62 2800 4.92
950 2.72 2900 5.02
1000 2.80 3000 5.10
*See Definition in Rule 100, Subsection 18.
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TABLE 1 (Continued)
*Process
Wt/hr (Ibs)
Maximum Wt
Disch/hr (Ibs)
*Process Maximum Wt
Wt/hr (Ibs) Disch/hr (Ibs)
6500 7.71
7000 8.05
7500 8.39
8000 8.71
8500 9.03
9000 9.36
9500 9.67
10000 10.0
11000 10.63
12000 11.28
13000 11.89
14000 12.50
15000 13.13
16000 13.74.
17000 14.36
18000 14.97
19000 15.58
20000 16.19
30000 22.22
40000 28.3
50000 34.3
60000 40.0
or more
*See Definition in Rule 100, Subsection 18.
(50.0) RULE 114. GASEOUS CONTAMINANTS.
1. Sulfur Dioxide:
a. A person shall not discharge from any single source what-
soever any Sulfur Compounds, calculated as sulfur dioxide,
in excess of 0.2%, by volume.
b. A person shall not discharge from any single source any
Sulfur Compounds, calculated as sulfur dioxide, in excess
of 200 pounds in any 60 minute period if said source was
built, erected, installed, or expanded after the effective
date of this Regulation 1.
c. Scavenger Plants Exemption: Where a separate source of air
pollution is a scavenger or recovery plant, recovering
3100
3200
3300 ,
3400 ,
3500
3600 ,
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5500
6000
.... 5.18
.... 5.27
.... 5.36
.... 5.44
.... 5.52
.... 5.61
.... 5.69
.... 5.77
.... 5.85
. ', 5.93
.... 6.01
.... 6.08
.... 6.15
.... 6.22
.... 6.30
,... 6.37
,... 6.45
... 6.52
... 6.60
... 6.67
... 7.03
... 7.37
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pollutants which would otherwise be emitted to the atmospheres
the Air Pollution Control Officer may grant a permit to
operate where the total emission of pollutants is substan-
tially less with the plant in operation than when closed„
even though the concentration exceeds that permitted by this
Subsection 1.
!
Sulfur Contents of Fuels: Where fossil fuels are required for
combustion in any equipment subject to "Permit to Operate"
Requirements of Rule 190, only gaseous fuels containing sulfur
compounds not to exceed 50 grains per 100 cubic feet of gaseous
fuel shall be burned.
The provisions of this Subsection 2 shall not apply to any of
the following:
a. To the burning of sulfur, hydrogen sulfide, acid sludge or
other sulfur compounds in the manufacturing of sulfur or
sulfur compounds;
b. To the incinerating of waste gases provided that the gross
heating value of such gases is less than 300 British Thermal
Units per cubic foot at standard conditions and the fuel used
to incinerate such waste gases does not contain sulfur or
sulfur compounds in excess of the amount specified in this
Rule;
c. To the use of solid fuels in any metallurgical process;
d. To the use of fuels where the gaseous products of combustion
are used as raw materials for other processes;
e. To the use of liquid or solid fuel to propel or test any
vehicle aircraft, missile, locomotives boat9 or ship;
f. To the use of liquid fuel having a sulfur content not in
excess of 0.5% by weight whenever permitted gaseous fuel is
not physically available to the user due to accident, act of
God, act of war, act of the public enemy, or is unavailable
from the supplier;
g. To the burning of liquid fuel having a sulfur content in
excess of 0.5% by weight which was in storage at the burning
site on the effective date of this Regulation 1 or;
h. Where the user can show that sulfur compounds are removed from
stack gases to the extent that the emission of sulfur com-
pounds to the atmosphere is no greater than that which would
be emitted by using a permitted gaseous fuel.
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3. Reduced Sulfur Compounds: A person shall not discharge from any
single source whatsoever any reduced sulfur compound measured as
hydrogen sulfide that results in atmospheric content greater than
0.005 parts per million parts of atmosphere by volume discernible
as the average for any 60 minute period at ground level at any
point off the property upon which the device is located.
4. Oxides of Nitrogen:
a. A person shall not discharge from any single source what-
soever any Oxides of Nitrogen in excess of 1000 parts per one
million parts of gas by volume for the first 10,000 cubic
feet of gas per hour and 250 parts per one million parts of
gas by volume for all additional gas, measured as the average
for any 60 minute period and corrected to 3% oxygen, on a
wet basis.
b. A person shall not discharge from any single source whatsoever
any Oxides of Nitrogen that result in an atmospheric concen-
tration of Nitrogen Dioxide greater than 0.25 parts per mil-
lion parts of atmosphere by volume, discernible as the
average for any 60 minute period at ground level at any point
off the property upon which the device is located.
(51.9) RULE 115. COMBUSTION OPERATIONS.
(51.13)
1. Open Burning. No person shall ignite, cause to be ignited, per-
mit to be ignited, or suffers allow*, or maintain any open outdoor
fire within the District;
a. Except as listed in Subsection 3 of Rule 112.
b. The burning of dry 1eavess and dry tree prunings by occupants
of one or two family dwellings, shall be permitted at
designated times throughout the year, subject to strict
control by public fire protection agencies. This shall be
effective in all areas of the County where City Ordinance
does not prohibit such burning. This is not an exception to
either Subsection 1 or Subsection 2 of Rule 112.
2. Incinerator Burning: A person shall not burn any combustible
refuse in any incinerator in any Urban Area as defined in Section
22.04.160 of the San Luis Obispo County Code, except in multiple-
chamber incinerators as described in Subsection 24a of Rule 100
or in equipment found by the Control Officer in advance of such
use to be equally effective for the purpose of air pollution
control as an approved multiple-chamber incinerator.
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RULE 116. ADDITIONAL PROHIBITIONS.
(7.0) 1. Equipment Testing, Firing & Cleaning:
Any containing device associated with industrial equipment
required to be under permit prescribed in Rule 190 hereafter may
not be tested or fired after construction or after,perlpds of
equipment lay off or cleaned by means of pressurized devices,
without first obtaining approval from the Control Officer for
said testing, firing or cleaning. Any person seeking said
approval shall supply the Control Officer with information about
the time required for testing, firing or cleaning; the method
of testing, adjusting or cleaning; and an estimate of emissions
resulting from said testing, firing or cleaning. The Control
Officer may attach reasonable conditions to said approval.
(51.21) 2. Reduction of Animal Matter:
A person shall not operate or use any article, machine, equipment
or other contrivance for the reduction of animal matter unless
all gases, vapors and gas-entrained effluents from such an article
article, machine, equipment or other contrivance are;
a. Incinerated at temperatures of not less than 1200 degrees
Fahrenheit for a period of not less than 0.3 seconds; or
b. Processed in such a manner determined by the Control Officer
to be equally, or more, effective for the purpose of air
pollution control than (a) above.
A person incinerating or processing gases, vapors or gas-
entrained effluents pursuant to this Subsection 2 shall
provide, properly install and maintain in calibration, in
good working order and in operation, devices, as specified
in the Authority to Construct of Permit to Operate or as
specified by the Control Officer, for indicating temperature,
pressure or other operating conditions.
The provisions of this Subsection 2 shall not apply to any
article, machine, equipment or other contrivance used
exclusively for the processing of food for human consumption.
(4.7) 3. Toxic Materials: A person shall not discharge from any single
source whatsoever any toxic material that results in an atmos-
pheric concentration-time combination, discernible at ground
level at any point off the property upon which the source is
located, greater than any of the following:
a. Any ambient Air Quality Standard adopted by the State Air
Resources Board;
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b. Any concentration-time combination found by adequate research
to cause any of the following in sensitive groups of people:
acute sickness or death; insidious or chronic disease;
alteration of an important physiological funcion; or
discomfort sufficient to lead individuals to change
residence or place or employment;
c. Any concentration-time combination found by adequate
research to cause any of the following in sensitive types of
animals or crops: acute sickness or death; alteration of an
important physiological function; acute damage leading to
unmarketability; or insidious or chronic effects, leading
to impaired yield; or
d. Any Threshold Limit Value concentration for an hour. The
American Conference of Government Industrial Hygienists
adopts and recommends Threshold Limit Values for occupational
exposures for periods longer than one hour but for purposes
of this Subsection 3 the Threshold Limit Values shall be
considered to have been adopted for ambient air for a one
hour period.
(51.16) 4. Oil-Effluent Water Separator: A person shall not use any compart-
ment of any single or multiple compartment oil-effluent water
separator which compartment receives effluent water containing
200 gallons a day or more of any petroleum product or mixture of
petroleum products from any equipment processing, refining,
treating, storing or handling kerosine or other petroleum
product of equal or greater volatility than kerosine, unless such
compartment is equipped with one of the following vapor loss
control devices, properly installed, in good working order and in
operation:
a. A solid cover with all openings sealed and totally enclosing
the liquid contents. All gauging and sampling devices shall
be gas-tight except when gauging or sampling is taking place;
b. A floating roof, consisting of a pontoon type or double-deck
type roof, resting on the surface of the liquid contents and
equipped with a closure seal, or seals, to close the space
between the roof edge and container wall. All gauging and
sampling devices shall be gas-tight except when gauging or
sampling is taking place;
c. A vapor recovery system, consisting of a 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 and with all tank gauging
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and sampling devices gas-tight except when gauging or
sampling is taking place; or
d. Other equipment of equal efficiency, provided such equipment
is submitted to and approved by the Air Pollution Control
Officer.
This Subsection 4 shall not apply to any oil-effluent water-
separator used exclusively in conjunction with the production of
crude oil. For the purpose of this Subsection 4 "Kerosine" is
defined as any petroleum product which, when distilled by ASTM
standard test Method D 86-56 will give a temperature of 401°F.
or less at the 10 per cent point recovered.
(2.0) 5. Circumvention:
A person shall not build, erect install, or use any article,
machine, equipment or other contrivance, the use of which, with-
out resulting in a reduction in the total release of air contam-
inants to the atmosphere, reduces or conceals an emission which
would otherwise constitute a violation of Chapter 2 of Division
20, or of Chapter 3.5, Part 1, of Division 26 of the Health &
Safety Code of the State of California of of this Regulation 1.
This paragraph shall not apply to cases in which the only viola-
tion involved is of Section 24243 of Section 39077 of the Health
& Safety Code of the State of California; or of Rule 111 of this
Regulation 1.
A person shall not operate any article, machine, equipment or
other contrivance, where a Permit to Operate has been issued,
contrary to the standards set forth in this Regulation 1 or to
terms and conditions presecribed by the Control Officer.
(51.13) RULE 117. AGRICULTURAL BURNING.
The provisions of this Rule, implement the Agricultural Burning Guide-
lines, promulgated under Article 1, Subchapter 2, Title 17, California
Administrative Code.
1. No person shall set, permit, cause to be set, or suffer, allow, or
maintain any open outdoor fire, to burn agricultural waste unless:
a. He has a valid permit issued by a public fire protection or
other agency designated by the Air Resources Board, and
b. The burning is in compliance with all state laws or
regulation, applicable fire code provisions, and the provi-
sion of this Rule.
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2. The Air Pollution Control Officer shall maintain a list of
agencies designated to issue agricultural burning permits.
3. The designated agencies shall issue agricultural burning permits
for burning of agricultural waste only.
4. Agricultural burning shall be subject to the following conditions:
a. Agricultural burning is permitted only on days designated
as burn days by the State Air Resources Board, except as
otherwise provided herein below. Such designations will be
announced at 0745 daily, together with a prediction for the
next 24 hours, and are based on meteorological measurements.
A day may be designated as a no-burn day.
The Air Pollution Control Officer may, by permit, authorize
burning of agricultural waste on days designated as no-burn
days, by the Air Resources Board, because denial of such per-
mit would threaten imminent and substantial economic loss, as
determined and certified by the Agricultural Commissioner.
A person seeking an agricultural burning permit on a no-burn
day shall apply for such a permit both to the Air Pollution
Control Officer and the Agricultural Commissioner. The
Agricultural Commissioner shall certify in writing that
denial would threaten imminent and substantial economic loss.
Written certification may follow verbal certification.
b. Agricultural burning shall take place only on days permitted
by public fire protection agencies for purposes of fire
control or prevention.
c. Agricultural wastes to be burned shall be free of waste not
conforming to the definition in Rule 100, Subsection 19.a.
The following materials are not considered agricultural
waste: tires, rubbish, tar paper, plastic, construction
debris, packaging materials, and waste foreign to land being
cleared.
Weeds, shrubs, and trees in pastures or crop production areas
or in fences which are around pastures or crop production
areas or on land being cleared for the growing of crops or
animals are considered to be agricultural waste.
d. Preparation of materials:
The materials to be burned shall be arranged so as to burn
with a minumum of smoke. For this purpose, materials shall be
loosely stacked to allow maximum drying in preparation for
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burning so as to provide good combustion.
The materials shall be free of dirt and soil to the extent
that such dirt or soil will not hinder burning nor be
carried into the air as particulate matter, and shall be
reasonably free of visible surface moisture.
e. Drying Times:
The agricultural waste to be burned shall have been dried
for the minimum periods listed below. These periods include
the period from dying or cutting to the day of burning.
Six (6) weeks for trees and large branches;
Three (3) weeks for prunings and small branches;
Ten (10) days for wastes from field crops.
f. The Air Pollution Control Officer may restrict agricultural
burning to selected numbered permits on specified days. The
goal of this option is to ensure that a major portion of
the total tonnage of agricultural waste is not ignited at one
time during adverse weather conditions. All agricultural
burning permits will be issued with sequential numbers.
g. Time limits:
Agricultural burning may commence at any time after the
announcement of a burn-day, by the Air Resources Board, but
in no case shall it commence before sunrise. No additional
waste material or ignition fuel shall be ignited or added
to any fire after two hours before sunset.
h. Wind direction:
The wind direction at the burning site shall be such that
the smoke will not cause a nuisance in a populated area.
i. Ignition devices:
The materials to be burned shall be ignited only by use of
ignition devices approved by the Air Pollution Control Officer.
Tires, tar paper, plastics, dirty oils, and similar materials
shall not be used. Ignition devices must comply with the
provisions of Rule 112.
5. Enforcement Procedures.
a. Designated fire protection agencies or the A.P.C.D. shall
enforce the provisions of this Rule by not allowing agri-
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cultural burning unless the person responsible for the
burn has a valid agricultural burning permit.
b. When a violation is known to exist, is suspected, or for
routine investigations, the procedures outlined on the
Enforcement Flow Chart (Appendix A), will be followed.
c. Those fire protection agencies having the required authority
shall issue a notice of violation or citation or shall order
other corrective action when permit violation occurs.
d. Smoke complaints or other air pollution complaints not
involving permit violations, or for any violation found by an
agency not having authority to take enforcement action, shall
be referred to the A.P.C.D. for investigation.
6. Exceptions. The following are exceptions to this Rule 117.
a. Burning of agricultural wastes at 4,000 feet or more above
mean sea. 1 evel.
b. Burning of agricultural waste at areas 2,000 feet or more
above mean sea level, in that portion of the District located
south of 35° 30'N latitude, east of 120° 7.5'W longitude,
and north of 35° 00' latitude.
(51.1) RULE 119. ORCHARD OR CITRUS GROVE HEATERS.
1. No person shall use, after December 31, 1972, any orchard or
citrus grove heater which has not been approved and included on
a list of approved heaters by the State Air Resources Board. Such
list of orchard or citrus grove heaters which are not or may in
the future be approved by the State Air Resources Board are
available from the Control Officer and are incorporated herein by
reference as though here fully set forth.
(3.0) RULE 190. PERMITS.
Any person building, erecting, installing, altering, or replacing any
equipment shall, as required by this Rule, first submit to the Control
Officer an application for an Authority to Construct and/or Permit to
Operate and two (2) copies of the plans for such construction. The
application shall be accompanied by the filing fee prescribed in Rule 192.
Open Burning (Rule 112, Subsection 3) applicants shall be exempt from
plan requirements. Any person making application under Rule 112,
Subsection 3, or Rule 116, Subsection 1, shall make that application on
a form and in a manner designated by the Control Officer.
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1. Authority to construct:
Any person, building, erecting, installing, altering, or
replacing any article, machine, equipment, or other contrivance,
the use of which may cause the issuance of air contaminants,
or the use of which may eliminate or reduce or control the
issuance of air contaminants, shall first obtain an Authority
to Construct for such construction from the Control Officer. The
Authority to Construct must be complied with before a Permit to
Operate will be issued. An Authority to Construct shall remain
in effect until the Permit to Operate the equipment for which the
application was filed is granted or denied or the application is
cancelled.
Each of,the Following is a Separate Exception to the Requirement
to Obtain an Authority to Construct:
a. Any existing equipment or equipment under construction on the
date of adoption of this Regulation 1. This exception shall
not apply to alterations nor to transfers of ownership or
location made after the date of the adoption of this
Regulation 1.
b. Vehicles as defined by the Vehicle Code of the State of
California and aircraft.
c. Internal combustion engines.
d. Equipment used exclusively for space heating or air
conditioning, other than boilers.
e. Equipment used to store or prepare food which is intended
solely for human consumption within 24 hours.
f. All agricultural equipment, except orchard or citrus grove
heaters.
g. Orchard or Citrus Grove Heaters, provided that this exception
shall be void and of no force and effect on and after
January 1, 1973.
h. Self-propelled construction equipment, other than pavement
burners, used in grading, leveling, paving, or other similar
operations.
i. Any other equipment exempted on a supplemental list approved
by the Board.
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Permit to Operate: Before any article, machine, equipment or
other contrivance described in Rule 190, Subsection 1 may be
operated or used, for other than test purposes, a written Permit
Operate shall be obtained from the Control Officer. No Permit
4Operate shall be granted either by the Control Officer or the
Hearing Board for any article, machine, equipment or contrivance
efcribed in Rule 190, Subsection 1, constructed or installed
without authorization as required thereby, until the information
.required is presented to the Control Officer and such article,
machine, equipment or contrivance is altered, if necessary, and
made to conform to the standards set forth elsewhere in this
Regulation 1.
written notice by the Control Officer, a person operating
iqjHpment subject to permit approval existing or under construc-
jtion at the time of adoption of this Regulation 1 shall apply for
''a/Permit to Operate within seven (7) calendar days of said notice.
'If compliance is required, a reasonable time shall be prescribed
byfthe Hearing Board in accordance with Rule 101.
, Upon written notice by the Control Officer, a person operating
"orchard or citrus grove heaters existing or under construction
as of January 1, 1973, shall apply for a Permit to Operate
I within seven (7) calendar days of said notice.
exceptions listed in Subsection 1 of this Rule are also
^Hfeeptions to the requirement to obtain a Permit to Operate.
Application Processing:
a.
Conditional Approval: The Control Officer may issue an
Authority to Construct or a Permit to Operate, subject to
conditions which will bring the operation of any article,
machine, equipment or other contrivance within the standards
of this Regulation 1, in which case the conditions shall be
specified in writing. Commencing work under such an
Authority to Construct or operation under such a Permit to
Operate shall be deemed acceptance of all the conditions so
specified. The Control Officer shall issue an Authority to
Construct or a Permit to Operate with revised conditions
upon receipt of a new application if the applicant demon-
strates that the article, machine, equipment or other
contrivance can operate within the standards of this Regula-
tion under the revised conditions.
Compensating for Variability: In processing applications,
including the setting of conditions, the Control Officer
may take notice of the effects that variations in materials,
construction, operation and maintenance have on emissions
• and, to compensate for such effects, may require that any
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article, machine, equipment or other contrivance be
capable of meeting limits stricter than those in Rules 110
through 116, inclusive.
c. Applications & Information: Every application for a Permit
as required by this Regulation 1 shall be filed in the
manner prescribed in Rule 190.
The Control Officer may at any time require from an applicant
for, or holder of, any Permit provided for by this Regulation
1, such information, analyses, plans, or specifications as
will disclose the nature, concentration or quantity of air
contaminants which are or may be discharged by such source, or
such additional information as he may deem necessary before
passing on any application.
The Control Officer may at any time also require from an
applicant for, or holder of, any Permit provided for by
Regulation 1, such information and analyses as will disclose
the extent and degree of contamination that such source
causes, or may cause, in the ambient atmosphere.
d. Time Limit: Within thirty (30) days after receipt of appli-
cation for a Permit, or within thirty (30) days after
applicant furnishes the further information, plans and
specifications requested by the Control Officer, whichever
is later, the Control Officer shall give the applicant
written notice of his approval, conditional approval, or
denial, provided that said time may, for good cause, be
extended for a reasonable period of time by order of the
Hearing Board. Any application not acted upon within the
time limit set forth above, or within any extension of time
granted by the Hearing Board, shall be deemed approved and
the Permit applied for shall be issued.
e. Action of Applications: The Control Officer shall act on
an application for a Permit within the time provided in
Subsection 3d of this Rule 190 and shall notify the applicant
in writing of his approval, conditional approval, or denial.
f. Cancellation of Applications: An Authority to Construct
shall expire and the application shall be cancelled one
year from the date of issuance of the Authority to Construct,
if unused. An application for Permit to Operate existing
equipment shall be cancelled one year from the date of filing
of the application if unused.
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g. Denial of Application; In the event of denial of a Permit,
the Control Officer shall notify the applicant in writinq
of the reasons therefor. Service of such notification
may be made in person or by mail, and such service may be
proved by the written ackowledgement of the person served,
or affidavit of the person making the service. The Control
Officer shall not accept a further application unless the
applicant has corrected the deficiencies specified by the
Control Officer as his reasons for denial of the Permit.
h. Appeals: Within ten (10) days after service of notice of
denial of an Authority to construct by the Control Officer,
the applicant may petition the Hearing Board, in writing,
for a public hearing.
The Hearing Board, after notice and a public hearing held
within thirty (30) days after filing the petition, may sustain
or reverse the action of the Control Officer; such order
may be made subject to specified conditions.
4. Designation of Person for Service; Each application for an
authority to construct or a Permit shall include the name and
address of a person within the District whom applicant has
empowered to accept service on behalf of the applicant for all
purposes where service of notice is required by Regulation 1.
In the event said applicant fails to indicate a person for such
service, or in the event the person designated in the application
is not available for service after three (3) attempts to make
service upon said person, then service by publication one time
in a newspaper of general circulation, together with mailing of
notice by certified mail to the last known address of the
applicant shall be made, and shall constitute due service of
such notice.
5. Sampling & Testing Facilities: Before a Permit is granted, and
as a condition precedent to such Permit, the Control Officer may
require the applicant to provide and maintain such facilities
as are necessary to enable the Control Officer to have access for
sampling and testing purposes in order to secure information
that will disclose the nature, extent, quantity or degree of
air contaminants discharged into the atmosphere from the equipment
described in the Permit.
The Control Officer may at any time also require from an appli-
cant for, or holder of, any Permit provided for by Regulation 1,
such information and analyses as will disclose the extent and
degree of contamination that such source causes, or may cause,
in the ambient atmosphere. In the event of a requirement for
facilities as indicated above in this Subsection 5, the Control
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Officer shall notify the applicant in writing of the required
size, number and location of sampling holes; the size and
location of the sampling platform; the access to the sampling
platforms and the utilities for operating the sampling and
testing equipment. The platform and access shall be constructed
in accordance with the General Industry Safety Orders of the
State of California.
The Permittee shall allow the Control Officer to install and
maintain District sampling and testing facilities on the
Permittee's property when specified by the Permit.
6. Display of Permit: A person who has been granted a Permit
under this Rule 190 shall firmly affix such a Permit upon the
equipment is such a manner as to be clearly visible and
accessible, unless the Permit cannot be so placed.
In the event that the equipment is so constructed or operated
that the Permit cannot be placed as above, the Permit shall be
mounted so as to be clearly visible in an accessible place within
twenty-five (25) feet of the equipment, or in a location approved
by the Control Officer.
a. Alteration of Permit: A person shall not wilfully deface,
alter, forge, counterfeit or falsify a Permit.
b. Duplicate Permits: A request for a duplicate Permit shall
be made in writing to the Control Officer within ten (10)
days after the loss or destruction of a Permit. The appli-
cation for a duplicate Permit shall be accompanied by the fee
listed in Rule 192.
c. Transfer: A Permit is not transferable, from one location
to another, or from one unit of equipment to another.
A Permit may be transferred from one person to another when
control of the equipment, operation or property is trans-
ferred and the transfer fee provided by Rule 192 is paid.
7. Compliance with Regulation 1:
a. No Permit shall be granted by the Control Officer until the
equipment is made to conform without emitting air contami-
nants in violation of Sections 24242, 24243, or 24251(b) of
the Health & Safety Code, or any State or Federal Statute
or regulation, or of the provisions set forth in this
Regulation 1.
b. Nothing in Regulation 1 shall be construed to be a limitation
upon the type of design or equipment (except multiple chamber
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incinerators) to be used by the applicant, provided said
equipment conforms, or the applicant shows that it may be
expected to conform with the standards set forth in this
Regulation 1 and with said Sections 24242, 24243, and
24251(b) or the Health & Safety Code, and with all applicable
State and Federal statutes and regulations.
c. The issuance or granting of a Permit or approval of plans
and specifications shall not be construed to be a Permit
for, or an approval of, any violation of any of the provisions
of this Regulation 1, of said Sections 24242, 24243, or
24251(b), or of any State or Federal statute or regulation.
No Permit presuming to give authority to violate or cancel
any provision of this Regulation 1 or of said Sections 24242,
24243, or 24251(b), or of any State of Federal statute or
regulation, shall be valid, except insofar as the work or
use which it authorizes is lawful and in accordance with
this Regulation 1 and said Sections 24242, 24243, or
24251(b), and all applicable State and Federal statutes
and regulations.
d. The issuance of a Permit based on plans and specifications
shall not prevent the Control Officer from thereafter requir-
ing the correcting of errors in said plans and specifications
or from preventing operations carried on thereunder when
in violation of this Regulation 1 or of any other Ordinance
of any Public jurisdiction within the District or of any
State or Federal statute or regulation.
e. Suspension or Revocation: The Control Officer may, in writing,
suspend or revoke an Authority to Construct or a Permit
issued under previsions of this Regulation 1 whenever the
Authority to Construct or the Permit is issued in error or
on the basis of incorrect information supplied, or in
violation of any Ordinance or Regulation or in violation of
any of the provisions of this Regulation 1, or in violation
of any state or Federal statute or regulation.
(2.0) RULE 191. ACTION IN AREAS OF HIGH CONCENTRATIONS:
If the Control Officer discovers ambient air concentrations in excess
of half the limits of Rule 114, Subsection 3; 114, Subsection 4; or
116, Subsection 3 and if the control Officer is unable to establish
that non-compliance with this Regulation 1 is responsible for such
concentrations, then the Control Officer may take any or all of the
following actions within a reasonable distance from the site(s) of such
concentrations:
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1. Suspend any exception under Rule 190, Subsection 1 for any new
source or for any source that is expanding that could increase
such concentrations.
2. Refuse to Issue an Authority to Construct or a Permit to Operate
to any new source or to any source that is expanding that could
increase such concentrations.
3. Take appropriate action to stop construction or expansion of
any source that could increase such concentrations.
(3.0) RULE 192. APPLICATION FEES:
1. Every applicant, except any State or Local Government Agency or
Public District, for an Authorization to Construct or a Permit
which is required by the State or the Provisions of this Regu-
lation 1 shall submit with his application the filing fee as
prescribed in Table II.
2. Upon approval, the applicant shall pay the fee for the issuance
of a Permit to Operate in the amount prescribed in Table II.
The filing fee shall not be applied to the fee prescribed for
the issuance of the Permit to Operate.
3. The fees prescribed in Table II shall be paid also upon sub-
mission of the application for Non-Agricultural Open Burning
Permit.
4. Where an application is filed involving an alteration, an
addition, a transfer of ownership, a transfer of location, or
a combination thereof, the following provisions will apply:
a. If the equipment had not been previously granted a Permit to
Operate, the full fees in Table II shall apply;
b. If the equipment had been previously granted a Permit to
Operate and no alteration or addition is involved, the
applicant shall pay only the permit transfer fees in
Table II; or
c. If the equipment had been previously granted a Permit to
Operate and an alteration or addition is involved, the filing
fee and the Permit fee will be based on any increase in
rating (horsepower, fuel consumption, electrical energy,
horizontal inside cross sectional area, or stationary
container capacity, whichever yields the higher fee) or, if
there is no increase in rating, the fee will be a filing fee
of $10.
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5. After compliance, with the provisions for granting Permits as set
forth in Chapter 2, Divison 20 of the Health & Safety Code of
the State of California, and the provisions of this Regulation 1,
the applicant shall be notified by the Control Officer, in
writing, of the fee balance to be paid for issuance of the
Permit. Such notice may be given by personal service or by
mail and shall serve as a temporary Permit for thirty (30) days
from the date of personal service or mailing.
6. Non-payment of the fee within the period of time granted for a
Temporary Permit by Subsection 5 above of this Rule 192 shall
result in the automatic cancellation of the application.
7. In the event that more than one fee schedule is applicable to a
Permit, the governing schedule shall be the higher fee.
8. In the event that Permit is granted by the Hearing Board after
denial by the Control Officer, the applicant shall pay the fee
prescribed in Table II, within thirty (30) days after the date
of service of notice of the decision of the Hearing Board. Non-
payment of the fee within this period of time shall result
in automatic cancellation of the Permit.
(16.0) RULE 193. HEARING BOARD FEES.
1. Every applicant or petitioner for a Variance or for the extension,
revocation or modification of a Variance, or for an appeal from
a denial of a Permit, or any person intervening in any of these
proceedings shall pay to the Clerk of the Hearing Board a filing
fee as determined in Table II.
2. In addition to fee and deposit provided for in Subsection 1 above
of this Rule 193, any person requesting a transcript of the
hearing shall pay the cost of such transcript.
3. This Rule shall not apply to any State or Local Governmental
Agency or Public District or the United States.
(13.0) RULE 194. TECHNICAL REPORTS - CHARGES FOR:
Information, circulars, reports of technical work, and other reports
prepared by the Air Pollution Control District when supplied to
other governmental agencies or individuals or groups requesting copies
of the same may be charged for by the District in a sum not to exceed
the cost of preparation and distribution of such documents. All such
monies collected shall be paid into the District treasury.
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(2.0) RULE 195. FEE SCHEDULE.
TABLE II
Under the provisions of Section 24267, it is hereby determined that the
cost of issuing Permits, and inspections pertaining to such issuance
exceeds the fees prescribed in the following schedules, and the fees
shall be as set forth herein:
1. Filing Fees:
Non-Agricultural (other than testing, firing, & cleaning)
% Permit to Operate Fee
Non-Agricultural testing, firing & cleaning No Fee
Agricultural Burning No Fee
Filing Fees in excess of $10.00 may be waived by the Control
Officer when a licensed mechanical or chemical engineer certifies
in writing that the equipment and devices used by the Permittee
will function in conformity with these Rules.
2. Dupl icate Permi ts $ 2.00
3. Permit Transfer Fees:
Singly, or first in series 10.00
Each additional Permit in series 5.00
4. Open Burning Fees:
Under 10 acres $ 3.50
10 to 20 acres 7.00
Over 20 acres , 10.00
5. Original or Supplemental Orchard or Citrus Grove Heater Fees:
'Oil Burning Heaters, per heater $ 0.02
Solid Fuel Blocks or Solid Fuel Heaters, per acre 0.50
Maximum for Acreage and Heater Fees Combined 35.00
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6. Permit to Operate
FEE
$ 20
30
60
130
190
260
330
390
530
HP 1000 BTU
0-2*5
2*5+ to 5-
5 to 15-
15 to 45
45 to 65
65 to 125-
125 to 200-
200 or
more
0 - 150
150+ to
400-
400 to
650-
650 to
1500-
1500 to
2500-
2500 to
5000-
5000 to
15000-
15000 or
more
KVA
0 - 20
20+ to
40-
40 to
145
145 to
450-
450 to
4500-
4500 to
14500-
14500 to
45000-
4500 or
more
SQ. FEET
0 - 3
3+ to 4-
4 to 7-
7 to 10-
10 to 15-
15 to 23-
23 to 40-
40 or more
GALLONS
0 - 4,000 Misc
4,000+ to
10,000 -
10,000 to
40,000-
40,000 to
100,000-
100,000 to
400,000-
400,000 to
1,000,000-
1,000,000 to
4,000,000-
4,000,000 or
more
LEGEND:
HP - Total rated horsepower of all electric motors.
1000 BTU - Thousands of British Thermal Units per hour, using gross
heating values of fuel.
KVA - Total kilovolt ampere ratings of electrical energy, except electric
motors.
SQ. FEET - Maximum inside cross sectional area of primary combustion
chamber.
GALLONS - Capacity in gallons or cubic equivalent.
MISC. - Any article, machine, equipment or contrivance not in other
schedules.
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7. Hearing Board Fees:
Under the provisions of Section 24293, it is hereby determined
that the cost of administration of Article 5, Chapter 2,
Division 20 of the Health & Safety Code exceeds the fees
prescribed in the following schedules, and the fees shall be
as set forth herein:
a. Variance, extension, revocation or modification of a Variance;
appeal from denial, suspension, revocation, or conditionally
granting of an Authority to Construct or a Permit; or any
person intervening in any of the above proceedings - $35.00.
b. The party requesting a Court Reporter shall pay all expenses
for this service.
c. Cost of transcript of hearing by Court Reporter shall be
borne by the party requesting said transcript.
d. Information, circulars, reports of technical work, and other
reports prepared by the Air Pollution Control District: COST
of preparation and distribution.
(16.0) RULE 196. PROCEDURE BEFORE THE HEARING BOARD.
This Rule shall apply to all hearings before the Hearing Board of the
San Luis Obispo County Air Pollution Control District.
1. Filing Petitions: Request for hearing shall be initiated by the
filing of a petition in triplicate with the Clerk of the Hearing
Board after service of one copy of the petition has been made
on the Control Officer, and after service of one copy on the
holder of the Variance if any. Service may be made in person
or by certified mail, and service may be proved by written
ackowledgement of the person served or by the affidavit of the
person making the service. The petition shall be accompanied
by a filing fee in the amount prescribed in Table II of this
Regulation.
The Control Officer may file a petition to request the Hearing
Board to hold a public hearing to determine whether an Authority
to Construct, a Permit, or a Variance should be revoked.
No fee shall be required for the filing of a petition by a Public
Agency or by a Public Officer acting in the scope of his official
capacity.
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2. Contents of Petitions: Every petitioner shall state:
a. The name, address and telephone number of the petitioner
or other person authorized to receive service of notices.
b. Whether the petitioner is an individual, co-partnership,
corporation, or other entity, and names and addresses of
the managing officers, if a corporation, and the names
and addresses of the persons in control, if other entity.
c. The type of business of activity involved in the application
and the street address at which it is conducted.
d. A brief description of the article, machine, equipment or
other contrivance, if any involved in the application.
e. Whether the petitioner desires a hearing:
(1) to determine whether an Authority to Construct or a
Permit shall be revoked or suspended Authority to
Construct or Permit reinstated;
(2) for a Variance under Section 24292, Health & Safety Code;
(3) to revoke or modify a Variance under Section 24298,
Health & Safety Code; or
(4) to review the denial, suspension, revocation, or
conditional granting of an Authority to Construct or a
Permit.
f. Each petition shall be signed by the petitioner, or by some
person on his behalf, and where the person signing is not
the petitioner, it shall be set forth his authority to
sign.
g. All petitions shall be typewritten, double spaced, on legal
size paper, on one side of the paper only, leaving a margin
of at least one inch at the top and left side of each sheet.
3. Petitions for Variances: In addition to the matters required
in Subsection 2 of this Rule 196, petitions for Variance shall
state briefly:
a. The Subsection, Rule or Order complained of.
b. The facts showing why compliance with the Subsection, Rule
or Order is unreasonable.
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c. For what period of time the Variance is sought and why.
d. The damage or harm resulting or which would result to
petitioner from a compliance with such Subsection, Rule or
Order.
e. The requirements which petitioner can meet and the date
when petitioner can comply with such requirements.
f. The advantages and disadvantages to the residents of the
District resulting from requiring compliance or resulting
from a Variance.
g. Whether or not operations under such Variance, if granted,
would constitute a nuisance.
h. Whether or not any case involving the same identical
equipment or process is pending in any court, civil or
criminal.
i. Whether or not the subject equipment or process is covered
by a Permit to Operate issued by the Control Officer.
4. Failure to Comply with Rule: The Clerk of the Hearing Board
shall not accept for filing any petition which does not comply
with this Regulation 1 relating to the form, filing and service
of petitions unless the Chairman or any two members of the
Hearing Board direct otherwise and confirm such direction in
writing. Such direction need not be made at the meeting of the
Hearing Board. The Chairman or any two members, without a
meeting, may require the petitioner to state further facts or
reframe a petition so as to disclose clearly the issues involved.
5. Answers: Any person may file an answer within 10 days after
service, All answers shall be served in the same manner as
petitions under Subsection 1 or this Rule 196.
6. Dismissal of Petition: The petitioner may dismiss his petition
at any time before submission of the case to the Hearing Board,
without a hearing or meeting of the Hearing Board. The Clerk
of the Hearing Board shall notify all interested persons of such
dismissal.
7. Place of Hearing: All hearings shall be held at the place
designated by the Hearing Board.
8. Notice of Hearing: The Clerk of the Hearing Board shall mail
or deliver a notice of hearing to the petitioner, the Control
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Officer, the holder of the Authority to Construct, the Permit
or Variance involved, if any, and to any person entitled to
notice under Sections 24275, 24295, 24299 or 24300, Health &
Safety Code, State of California.
9. Evidence:
a. Oral evidence shall be taken only on oath or affirmation.
b. Each party shall have these rights: to be represented by
counsel at such hearings; to subpoena and examine witnesses;
to cross-examine opposing witnesses on any matter relevant
to the issues even though that matter was not covered in
the direct examination; to impeach any witness regardless
of which party first called him to testify; to present
such affidavits, exhibits, and other evidence as the Hearing
Board deems pertinent to the hearing; to rebut the evidence
against him; and to argue his case. If respondent does
not testify in his own behalf, he may be called and
examined as if under cross-examination.
c. The hearing need not be conducted according to technical
rules relating to evidence and witnesses. Any relevant
evidence shall be admitted if it is the sort of evidence
on which responsible persons are accustomed to rely in the
conduct of serious affairs regardless of the existence of
any common law or statutory rule which might make improper
the admission of such evidence over objection in civil
actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence, but shall
not be sufficient in itself to support a finding unless it
would be admissible over objection in civil actions. The
rules of privilege and of official and judicial notice
shall be effective to the same extent that they are now
or hereafter may be recognized in civil actions. Irrelevant
and unduly repetitious 'evidence shall be excluded.
10. Record of Proceedings: A record of all proceedings had before
the Hearing Board shall be made. The record shall be prepared
in accordance with one of the following methods.
a. A written summary of all the evidence, testimony and proceed-
ings had and presented at the hearing shall be made by a
person designated by the Hearing Board for that purpose; or
b. Any interested person, including the District, may at his
own cost provide a certified court Reporter satisfactory
to the Hearing Board who shall prepare a verbatim transcript
of all the evidence, testimony and proceedings had and
presented at the hearing.
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The original and one copy of such summary or of such transcript,
each certified to by said person or by the Reporter as to its
accuracy, shall be filed with the Hearing Board within 30 days
from the closing date of the hearing unless required by the
Board prior to that time. No matter shall be deemed submitted
under this Rule until such summary or such transcript has been
filed with the Hearing Board unless otherwise ordered by the
Hearing Board.
11, Preliminary Matters: Preliminary matters, including but not
limited to setting a date for hearing, granting continuances,
approving petitions for filing, and allowing amendments to
petitions, which are not determinative of the merits of the case,
may be made by the Chairman or any two members of the Hearing
Board without a hearing or meeting of the Hearing Board and
without prior notice.
12. Official Notice: The Hearing Board may take official notice of
any matter which may be judicially noticed by the courts of this
State.
13. Continuances: The Chairman or any two members of the Hearing
Board shall grant any continuance of 15 days or less, which has
been concurred in by petitioner, the Control Officer and by
every person who has filed an answer in the action, and the
Chairman or any two members of the Hearing Board may grant any
reasonable continuance at any time; in either case such action
may be taken without a hearing or meeting of the Hearing Board
and without prior notice.
14. Decision: The decision of the Hearing Board shall be in writing,
served and filed within 15 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 by
certified mail or delivered to the Control Officer, the petitioner
and to every person who has filed an answer or who has appeared
as a party in person or by counsel at the hearing.
15. Effective Date of Decision: The decision shall become effective
15 days after delivering or mailing a copy of the decision as
provided in Rule 196, Subsection 14 or the Hearing Board may
order that the decision shall become effective sooner.
(2.0) RULE 199. GENERAL PROVISIONS.
1. Liability of District and District Officers: The Control Officer
or any employee charged with the enforcement of this Regulation 1,
acting in good faith and without malice for the District in the
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discharge of his duties, shall not thereby render the District
or himself liable personally, and they are hereby relieved
from any and all personal liability for any and all damage of
any type or kind that may accrue to persons or property as
a result of any act required by this Regulation 1 or by State
Statute of by reason of any act or omission in the discharge
of their duties pursuant to this Regulation 1 or State Statute.
2. Severability: If any provision, clause, sentence, paragraph,
section or part of this Regulation or application thereof to
any person or circumstance shall for any reason by adjudged by
a court of competent jurisdiction to be unconstitutional or
invalid, such judgment shall not affect or invalidate the
remainder of this Regulation and the application of such
provision to other persons or circumstances, but shall be
confined in its operation to the provision, clause, sentence,
paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered and
to the person or circumstance involved, and it is hereby declared
to be the intent of the Air Pollution Control Board that this
Regulation would have been adopted in any case had such invalid
provision not been included.
3. Enforcement: Any person who intentionally violates any of the
provisions of this Regulation 1 shall be subject to the provisions
of Section 836.5 of the Penal Code regarding arrests; Chapter 2,
Division 20, of the Health and Safety Code, and Chapter 6, Part 1,
Division 26, or the Health and Safety Code providing for maximum
penalties and recovery procedures. Any violation of the
provisions of this Regulation 1 regarding agricultural burning
will be subject to the enforcement provisions of Section 39298.8,
Chapter 10, Park 1, Division 26, or the Health and Safety Code.
Pursuant to said Code sections, civil penalties for violations of
Orders to Abate shall not exceed $6,000 for each day of the
violation; civil penalties levied for intentional or negligent
violations of any of the provisions of this Regulation 1 or of any
State Statute, shall not exceed $500 for each day of the violation;
and criminal penalties levied for violations of any of the
provisions of this Regulation 1 or of any State Statute shall not
exceed $500, or 6 months in the County Jail, or both for each day
of the violation.
Any violation of any provision of this Regulation 1 or of any
State Statute or regulation may be enjoined in a civil action
brought in the name of the people of the State of California.
4. Abatement: The Hearing Board may, pursuant to Health and Safety
Code Section 24260.5, issue an Order for Abatement.
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(51.13) APPENDIX A
IMPLEMENTATION PLAN FOR AGRICULTURAL BURNING GUIDELINES
The plan consists of the following parts:
i
I. Proposed Rules and Regulation
A. Amendments to Rules 100, Subsection 19; and 112, Subsection 3.c.
B. New Rule 117.
C. New Appendix A.
II. Agricultural Burning Permit
A. Form of the permit
1. Fire protection agencies will use their present permit forms.
2. The A.P.C.D. will provide an "Attachment to Fire Permit-
Agricultural Burning", consisting of a questionnaire and
brief instruction sheet and excerpts of the A.P.C.D. Rules
and Regulations covering agricultural burning.
3. Agricultural burning permits issued by fire protection
agencies shall be assigned sequential numbers, and include
a statement such as "The Attachment to Fire Permit-Agri-
cultural Burning; dated 19 , is made a part of
this permit."
4. The applicant shall complete and sign the attachment to
the Fire Permit. A copy of the signed attachment will be
returned to the A.P.C.D. by the issuing agency.
5. It is recommended that all permits be written to expire 30
days after date of issuance.
III. Form of information to be provided to issuing agencies.
A. AB 16 (1970) dated January 6, 1970, including Chapter 10, Part 1
of Division 26 of the Health and Safety Code
B. Agricultural Burning Guidelines, adopted by the Air Resources
Board in Title 17, Subchapter 2, Article 1, California
Administrative Code
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C. Rules and Regulations, San Luis Obispo County Air Pollution
Control District
D. Enforcement flow chart
E. Instructions and policy matters to be issued as needed
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ATTACHMENT TO FIRE PERMIT
AGRICULTURAL BURNING
SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT
2191 JOHNSON AVENUE P.O.BOX 1489 SAN LUIS OBISPO, CALIFORNIA (805)543-1200
This "ATTACHMENT TO FIRE PERMIT - AGRICULTURAL BURNING" is made a part of
"FIRE PERMIT" or "PERMIT TO BURN" No. , Dated
This Fire Permit expires on
Name Date
Address Phone
Location of burn site
Sec.
Distance to nearest residential area_
Type of material
Amount of material_
Reason for burning
Date (s) of proposed burning
CONDITIONS:
1. This permit is valid only on a Burn Day designated by the State Air
Resources Board. Burning on a No-Burn Day is by special permit only.
2. Only wastes produced wholly from and directly related to the growing
of crops or animals may be burned. Tires, trash, packaging materials,
or waste from non-growing areas are not included.
3. The waste shall be loosely stacked, dried for minimum drying times and
free of dirt, and visible surface moisture.
4. This permit may be revoked or suspended for fire prevention reasons;
during adverse weather conditions, even if the day is a burn day, or
for violation of any terms, conditions, or applicable laws or regula-
tions. Check with the permit issuing agency or the A.P.C.D.
5. Comply with time limits as stated in the A.P.C.D. rules and regulations.
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6. The smoke shall not cause a nuisance In populated areas.
7. Only approved ignition devices may be used.
8. This permit is valid only on the burn site named above, and must be
available for inspection at the burn site.
Any person who violates the provisions of the rules and regulations is
guilty of a misdemeanor which is punishable by imprisonment in the
county jail not exceeding six months, or by fine not exceeding five
hundred dollars ($500), or both, and the cost of putting out the fire.
It is understood that permission to burn agricultural waste does not excuse
the Permittee from liability in the event the fire creates a nuisance or
hazard.
I understand the contents of this permit and agree to comply with the
conditions.
Signature of Permittee: Title
Permit issued by: Date
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AIR POLLUTION CONTROL DISTRICT
SAN LUIS OBISPO COUNTY
AGRICULTURAL BURNING ENFORCEMENT
FLOW CHART
Open Burning Observed
or Complaint Received
Fire Protection Agency or APCD INVESTIGATES
1. Determine person starting fire, adding fuel
or in control.
2. Identify such person or persons.
a. Use drivers license for correct name
and address.
b. Determine who ordered fire.
3. Ask for Permit.
No Permit - or conditions
of Permit violated.
Examine Permit for compliance
with conditions: e.g.
1. Correct date, time,
location, etc.
2. The day is a burn-day.
Issue Notice of Violation*
Report the following:
1. Correct name and address of all parties.
2. Location of violation.
3. Location and time of observation and duration of investigation.
4. Nature of material burned.
5. Description of fire and smoke.
6. Distribution of smoke. (Note wind direction & approximate speed.)
7. Surrounding neighborhood.
8. Any statements made by violator.
9. Any statements made by management.
File all Notice of Violation Reports in person
or by mail to Air Pollution Control District:
P.O. Box 1489
2191 Johnson Avenue
San Luis Obispo, California 93401
•Citation
Issued
APCD reviews and obtains additional information as necessary
I District Attorney's office reviews
[issues Complaint
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