U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 697
Air Pollution Regulotions in
State Implementation Plans
California, Suffer County
Abcor, Inc, Wilmington, MA Walden Div
Pi pored for
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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oEFA
PB 296697
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-054^40
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
California
Sutter County
REPRODUCED By'
NATIONAL TECHNICAL !
INFORMATION SERVICE '
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
2.
1. REPORT NO.
EPA-450/3-78*OS4-40
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: California Sutter County
3. RECIP
6. REPORT DATE
August T978
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/CHANT 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
16. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)i(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 jindicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into onie 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.
7.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
8. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report/ ,
Unclassified
21.
20. SECURITY CLASS (This page)
Unclassified
22. PRICE PC/ M f-
4
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EPA-450/3-78-054-40
Air Pollution Regulations
in State Implementation Plans
*
California
Sutter County
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-450/3-78-054-40
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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
1H
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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
j Federally approved regulation from this document does not diminish the
j 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.
iv
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SUMMARY SHEET
OF
EPA APPROVED REGULATION CHANGES
SUITER COUNTY APCD
SUBMITTED
6/30/72
7/19/64
1/10/75
7/22/75
4/21/76
APPROVED DESCRIPTION
9/22/77 All Regulations unless other-
wise specified
2/10/77 Rule 1.3
2/10/77 Rule 4.1
2/10/77 Rule 1.2, 2.82, 4.11
2/10/77 Rule 4.1
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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,
Rice 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) - Partlculates
(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 j
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 F1re, 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) j
51.18 SULFURIC ACID PLANTS I
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS I
vi 1
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TABLE OF CONTENTS '
Revised Standard
Subject Index
-
(2.0)
(1.0)
(14.0
(15.0)
(15.0)
(2.0
(15.0
-
(50.0)
(3.0)
(50.1.2)
(2.0)
(50.7)
(50.7)
(50.1.2)
(51.13)
(51.13)
SUTTER COUNTY
Reg-Rule Number
Reg I
Rule 1.1
1.2
1.3
1.4
1.5
1.6
1.7
Reg II
Rule 2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.8.1
REGULATIONS
Title
General Provisions
Title
Definitions
Public Records
Enforcement
Validity
Effective Date
Arrest, Notice to Appear
Prohibitions, Exceptions-
Requirements
Control of Emissions
Alteration of Permit
Ringelmann Chart
Exceptions
Nuisance
Additional Exceptions
Wet Plumes
Open Burning
Additional Open Burning
Page
1
1
1
3
4
4
5
5
6
6 .
6
6
6
7
7
7
7
8
Restrictions
(51.20) 2.82 Open Burning of Waste Wood on
Property Where Grown
viii
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Revised Standard
Subject Index
(51.9)
(50.1)
(50.1.1)
(50.0)
(50.4)
(50.6)
(51.5)(51.6)(51.
(51.16)
.(2.0)i: ..
(50.0)
(50.0)
(2.0)
-
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)(16.0)
(3.0)
Reg- Rule Number
Rule 2.9
2.10
2.11
2.12
2.13
2.14
7) 2.15
2.16
2.17
2.18
2.19
2.20
Reg III
Rule 3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
Title
Incinerator Burning
Parti cul ate Matter
Dust and Fumes
Specific Contaminants
Organic Solvents
Reduction of Odorous Matter
Fuel Burning Equipment
Storage of Petroleum Products
Circumvention
Separation of Emissions
Combination of Emissions
Payment of Order Charging Costs
Permit System
Authorizations and Permit
Requi red
Exemptions
Applications
Standards for Granting
Applications
Conditional Approval
Denial of Application
Information
Applications Deemed Denied
Appeals
Term of Authorization to
Page
11
11
11
13
13
15
16
17
18
18
19
19
20
20
20
21
22
22
23
23
23
23
24
Construct
ix .
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Revised Standard
Subject Index Reg-Rule Number Title Page
(3.0) Rule 3.11 Posting of Permit 24
(3.0) 3.12 Transfer 24
Reg IV Agricultural Burning 25
(51.13) Rule 4.1 Prohibitions 25
(51.13) 4.2 Permit to Burn 27
(3.0) 4.3 Applications 27
(3.0) 4.4 Forms 27
(3.0) 4.5 Standards for Granting 27
Applications
(3.0) 4.6 Permits, Daily Limits 27
(3.0) 4.7 Restricted Burning Days 23
(3.0) 4.8 Permit Forms 28
(3.0) 4.9 Fire Permit Agencies 28
j \ (3.0) 4.10 Fire Prevention 29
(51.13) 4.11 Range Improvement Burning 29
(51.1) 5.1 Orchard, Field Crop or Citrus 30
Heater
(2.0)(16.0) 6.3 Hearing Board Fees 30
(2.0)(9.0) 6.4 Analysis Fees 31
(2.0)(13.0) 6.5 Technical Report Charges 31
Reg V Procedure Before the Hearing 32
(16.0) Rule 7.1 Applicable Articles of the 32
Health and Safety Code
(2.0) 7.2 General 32
(2.0) 7.3 Filing Petitions 32
_ x _
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Revised Standard
Subject Index
(2.0)
(5.0)
(2.0)
(2.6)
(2.0)
(2.0)
(16,0)
(16.0)
(16.0)-
(16.0)
(16.0)
(16.0)
(16.0)
(2.0)
(3.0)
Reg- Rule Number
Rule 7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11
7.12
7.13
7.14
7.15
7.16
7.17
7.18
Title
Contents of Petitions
Petition for Variances
Appeal from Denial
Failure to Comply with Rules
Answers
Dismissal of Petition
Place of Hearing
Notice of Hearing
Evidence
Preliminary Matters
Off leal Notice
Continuances
Decisions
Effective Date of Decision
Lack of Permit
Page
32
33
34
34
34
34
34
35
35
35
35
36
36
36
36
xi
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SUITER COUNTY
AIR POLLUTION CONTROL DISTRICT
RULES AND REGULATIONS
REGULATION I; GENERAL PROVISIONS
(2.0) Rule 1.1 Title.
These rules and regulations shall be known as the Rules and Regulations
of the Sutter County Air Pollution Control District.
(1.0) Rule 1.2 Definitions.
Except as otherwise specifically provided in these rules and except where
the context otherwise indicates, words used in these rules are used in
exactly the same sense as the same words are used in Chapter 2, Division
20 and Chapter 10, Part 1, Division 26 of the Health and Safety Code.
(a) 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 of land for wildlife and game habitat.
(b) Agricultural Wastes. "Agricultural Wastes" are defined as un-
wanted 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.
(c) Air Contaminant. "Air Contaminant" includes smoke, charred
paper, dust, soot, grime, carbon, noxious acids, fumes, gases,
odors, or particullate matter or any combination thereof.
(d) Atmosphere. "Atmosphere" means the air that envelopes or
surrounds the earth. Where air pollutants are emitted into
a building not designated specifically as a piece of air
pollution control equipment, such emission into the building
shall be considered as emission into the atmosphere.
(e) Board. "Board" means the Air Pollution Control Board of the
Sutter County Air Pollution Control District.
(f) Burn Day. A "Burn Day" means any day on which the California
Air Resources Board does not prohibit burning of agricultural
wastes.
(g) Clerk of the Hearing Board. "Clerk of the Hearing Board"
means the County Clerk of the County of Sutter who is ex officio
Clerk of the Hearing Board.
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(h) Combustible Refuse. "Combustible Refuse" is any solids or
liquid combustible waste material containing carbon in free or
combined state.
(i) Combustion Contaminants. "Combustion Contaminants" are any
air contaminants discharged into the atmosphere from the burn-
ing of any kind of material.
(j) Condensed Fumes. "Condensed Fumes" are minute, solid particles
generated by the condensation of vapors from solid matter after
volatilization from the molten state, or may be generated by
sublimination, distillation, calcination, or chemical reaction
when these processes create air-borned particles.
(k) Control Officer. "Control Officer" means the Air Pollution
Control Officer of the Sutter County Air Pollution Control
District.
(1) Designated Agency. "Designated Agency" means the public fire
protection or other equivalent agency designated by the
California Air Resources Board to issue permits for burning
of agricultural wastes.
(m) District. "District" is the Sutter County Air Pollution Control
District.
(n) Dusts. "Dusts" are minute, solid particles released into the
air by natural forces or by mechanical processes such as
crushing, grinding, milling, drilling, demolishing, shoveling,
conveying, covering, bagging, sweeping, or other similar pro-
cesses.
(o) Hearing Board. "Hearing Board" means the Hearing Board of the
Sutter County Air Pollution Control District.
(p) Multiple-Chamber Incinerator. "Multiple-Chamber Incinerator"
is any article, machine, equipment, contrivance, structure or
any part of a structure used to dispose of combustible refuse
by burning, consisting of three or more refractory lines com-
bustion furnaces in series, physically separated by refractory
wall, interconnected by gas passage ports or ducts, and employ-
ing adequate design parameters necessary for maximum combustion
of the material to be burned.
(q) No-Burn Day. A "No-Burn Day" means any day on which the
California Air Resources Board prohibits burning of agricul-
tural wastes.
(r) Open Outdoor Fire. "Open Outdoor Fire" as used in this regula-
tion means combustion of any combustible refuse or other ma-
terial of any type outdoors in the open air not in any en-
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closure, where the products of combustion are not directed
through a flue.
(s) Orchard, Field Crop or Citrus Grove Heater. "Orchard, Field
Crop or Citrus Grove Heater" means any article, machine, equip-
ment or other contrivance, burning any type of fuel or material
capable of emitting air contaminants, used or capable of
being used for the purpose of giving protection from frost
damage.
(t) 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.
(u) Person. "Person" means any person, firm, association, organ-
ization, partnership, business trust, corporation, company,
contractor, supplier, installer, user or owner, or any state
or local governmental agency or public district or any officer
or employee thereof.
(v) Process Weight Per Hour. "Process Weight" is the total weight
of all feed materials excluding water and air used in process-
ing introduced into any specific process which process may
cause any discharge into the atmosphere. Solid fuels charged
will be considered as 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 the equipment is idle.
(w) Regulation. "Regulation" means one of the major subdivisions
of the Rules and Regulations of the Sutter County Air Pollution
Control District.
(x) Rule. "Rule" means a rule of the Sutter County Air Pollution
Control District.
(y) Section. "Section" means section of the Health and Safety Code
of the State of California unless some other statute is
specifically mentioned.
(z) Standard Conditions. "Standard Conditions" as used in these
regulations, is a gas temperature of 60 degrees Farenheit
and a gas pressure of 14.7 pounds per square inch absolute.
Results of all analyses and tests shall be calculated or re-
ported at this gas temperature and pressure.
(14.0) Rule 1.3 Public Records.
(a) All information, analyses, plans, or specifications that dis-
close the nature, extent, quantity, or degree of air contaminants
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or other pollution which an article, machine, equipment, or
other contrivance will produce, which the Sutter County Air
Pollution Control Office or any other state or local agency
or district requires any applicant to provide before such
applicant builds, erects, alters, replaces, operates, sells,
rents, or uses such article, machine, equipment, or other
contrivance, are public records.
(b) All air or other pollution monitoring data, including data
compiled from stationary sources are public records.
(c) Except as otherwise provided in subdivision (d), trade secrets
are not public records under this section. "Trade secrets,"
as used in this section, may include, but are not limited
i to, any formula, plan, pattern, process, tool, mechanism,
compound, procedure, production data, or compilation of
information which is not patented, which is known only to
certain individuals within a commercial concern who are
; using it to fabricate, produce, or compounds an article of
trade or a service having commercial value and which gives
its user an opportunity to obtain a business advantage over
competitors who do not know or use it.
; (d) Notwithstanding any other provision of law, all air pollution
emission data, including those emission data which constitute
| trade secrets as defined in subdivision (c), are public
j records. Data used to calculate emission data are not emission
data for the purpose of this subdivision and data which con-
stitute trade secrets and which are used to calculate emission
data are not public records.
(15.0) Rule 1.4 Enforcement.
These rules and regulations shall be enforced by the Air Pollution Con-
trol Officer under authority of Health and Safety Code Sections 24224,
24260, 24262, and all officers empowered by Section 24221.
(15.0) Rule 1.5 Validity.
If any regulation, rule, subdivision, sentence, clause, or phrase of
these Rules and Regulations is for any reason held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portions of these Rules and Regulations. The Air Pollution Control
Board hereby declares that it would have adopted these Rules and Regu-
lations and every regulation, rule, subdivision, sentence, clause,
and phrase thereof irrespective of the fact that any one or more regu-
lations, rules, subdivisions, sentences, clauses or phrases be declared
unconstitutional or invalid.
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(2.0) Rule 1.6 Effective Date.
These Rules and Regulations shall take effect on February 7 , 1972.
(15.0) Rule 1.7 Arrest. Notice to Appear.
(a) The Air Pollution Control Officer is hereby authorized pursuant
to Penal Code Section 836.5 to arrest a person without a
warrant whenever he has reasonable cause to believe that the
person to be arrested has committed a misdemeanor in his
presence which is a violation of these Rules and Regulations.
(b) In any case in which a person is arrested pursuant to sub-
division (a) of this rule and the person arrested does not
demand to be taken before a magistrate, the Air Pollution
Control Officer making the arrest shall prepare a written
notice to appear and release the person on his promise to
appear as prescribed by Chapter 5C, Title 3, Part 2 of the
, Penal Code (commencing with Section 853.6). The provisions
of such Chapter shall thereafter apply with reference to any
proceeding based upon the issuance of a written notice to
appear pursuant to this authority.
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REGULATION II; PROHIBITIONS. EXCEPTIONS - REQUIREMENTS
(50.0) Rule 2.1 Control of Emissions.
The emission of material which may be the cause of air pollution shall
be controlled by the contents of this regulation.
(3.0) Rule 2.2 Alteration of Permit.
No person shall willfully deface, alte**, forge, counterfeit, or falsify
any permit issued under these Rules and Regulations.
(50.1.2)Rule 2.3 Ringelmann Chart.
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 3 minutes in any one hour which is:
(a) As dark or darker in shade as that designated as No. 2 on the
Ringelmann Chart, as published by the United States Bureau
of Mines; or
(b) Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in subsection
(a) of this rule.
(2.0) Rule 2.4 Exceptions.
The provisions of Rule 2.3 do not apply to:
(a) Smoke from fires set or permitted by any public officer, if
such fire is set by or permission given in the performance
of the official duty of such officer, and such fire in the
opinion of such officer is necessary: (1) For the purpose
of the prevention of a fire or health hazard which cannot
be abated by any other means; or (2) The instruction of
public employees in the methods of fighting fire.
(b) Smoke from fires set pursuant to permit on property used for
industrial purposes for the purpose of instruction of employees
in methods of fighting fire.
(c) Agricultural operations in the growing of crops or raising
of fowl, animals or bees.
(d) The use of an orchard or citrus grove heater which does not
produce unconsumed solid carbonaceous matter at a rate in
excess of one (1) gram per minute.
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(e) Setting or causing to be set backfires necessary to save
life or valuable property pursuant to Section 4426 of the
Public Resources Code.
(f) Smoke from fires set for the improvement of watershed, range
or pasture.
(g) Smoke from fires set pursuant to an open burning permit issued
by the Air Pollution Control Officer or his designee.
(h) The use of any aircraft to distribute seed, fertilizer, in-
secticides, or other agricultural aids over lands devoted
to the growing of crops or raising of fowls or animals.
(i) As provided in Health and Safety Code Section 39297.2, nothing
in these rules and regulations shall be construed as prohibiting
burning for the disposal of combustible or flammable solid
waste of a single or two-family dwelling on its premises.
(j) As provided in Health and Safety Code Section 39297.3,
nothing in these rules and regulations shall be construed to
prohibit burning for right-of-way clearing by a public entity
or utility or for levee and ditch maintenance.
(50.7) Rule 2.5 Nuisance.
A person shall not discharge from any source whatsoever such quantities
of air contaminants or other material which cause injury, detriment,
nuisance or annoyance to any considerable number of persons or to the
public or which endanger the comfort, repose, health or safety of such
persons or the public or which cause to have a natural tendency to
cause injury or damage to business or property.
(50.7) Rule 2.6 Additional Exceptions.
The provisions of Rule 2.5 do not apply to odors emanating from
agricultural operations in the growing of crops or raising of fowl,
animals, or bees.
(50.1.2)Rule 2.7 Wet Plumes.
When the presence of uncombined water is the only reason for the fail-
ure of an emission to meet the limitation of Rule 2.3, that rule shall
not apply. The burden of proof which establishes the application
of the rule shall be upon the person seeking to come within its
provisions.
(51.13) Rule 2.8 Open Burning.
No person shall set or permit an open outdoor fire within the boundaries
of the Sutter County Air Pollution Control District except:
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(a) For a fire set or for which permission for such fire is given
in the performance of the official duty of any public officer,
and such fire in the opinion of such officer is necessary:
(1) For the purpose of the prevention of a fire or health
hazard which cannot be abated by any other means; or
(2) For the instruction of public or industrial employees
in methods of fire fighting; or (3) Set pursuant to permit
on property used for industrial purposes for the purpose of
instruction of employees in the method of fighting fires.
(b) To set or cause to set backfires necessary to save life or
valuable property pursuant to Section 4426 of the Public
Resources Code.
(c) To abate fires pursuant to Chapter 2 (commencing with Section
13025) of Part 1 of Division 12 of the California Health and
Safety Code.
(d) For right-of-way clearing by a public entity or utility or
for levee or ditch maintenance.
(e) For agricultural burning permitted by law.
(f) For the burning of combustible or flammable solid waste of
a single or two-family dwelling on its premises.
(51.13) Rule 2.8.1 Additional Open Burning Restrictions.
Open burning exempted by Rules 2.8(a), (d), (e) and (f) shall be allowed
only on days declared by the Air Resources Board to be burn days.
(51 .9) Rule 2.82 Open Burning of Waste Wood on Property Where Grown.
Notwithstanding the provisions of Rule 2.8 of these Rules, open out-
door fires for the purpose of disposal of unusable wood waste upon
the property where it was grown may be authorized by the Air Pollution
Control Officer under the following conditions:
(a) That such burning shall comply in every respect to the
requirements of Section 39297.6 of the California Health &
Safety Code.
(b) That such burning shall comply in every respect to the
applicable requirements of Title 17, California Administrative
Code, pertaining to Agricultural, Range Improvement, and
Forest Management burning, (except that wood waste created
during commercial or residential land clearing may also be
burned on the property where it was grown.)
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(c) That a Permit for such burning shall have been issued by the
Air Pollution Control Officer in advance.
1. No such Permit shall be issued unless the following con-
ditions have been satisfied by the Applicant:
(a) Satisfactory evidence has been submitted by the
Applicant to prove the following:
(1) That the proposed burn shall not create a
nuisance.
(2) That the proposed burn shall not significantly
degrade the ambient air quality.
(3) That the proposed burn shall not result in the
risk of fire damage to nearby lands or structures,
and shall be approved by the Fire Agency having
jurisdiction.
(4) That only approved ignition devices will be
used.
(b) The moisture content of the wood waste shall be
low enough to insure clean burning.
(c) (1) The wood waste shall be free of dirt, mud and
soil.
(2) The wood waste shall be free of foreign materials
such as tires, tar, plastics, demolition debris,
etc.
(3) The wood waste shall be stacked or piled so as
to insure quick ignition and clean, efficient
burning.
(4) Unwanted trees, six inches or larger, shall be
felled and dried before burning.
(d) When the wood waste to be burned is located near
a populated area the wind direction shall be away
. from the populated area before burning the wood
waste.
(e) Brush should be treated at least six months prior
to burning when economically and technically feasible.
(f) That the burning is done only on permissive burn days
as established by the State Air Resources Board.
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(g) That the burn be ignited as rapidly as practicable
within applicable fire control regulations.
2. The application for a Permit to open-burn wood waste shall
include the following information:
(a) The site where the burning is to occur.
(b) The amount of material and duration of the burning
operation.
(c) The name, address, and phone number of the person
directly responsible for the preparation and actual
burning of the wood waste.
(d) The name, address, and phone number of persons own-
ing or controlling the property where the wood waste
is to be burned, (if different from that in (c)
above.)
(d) Should it be deemed necessary, for the preservation of
acceptable air quality, by the Air Resource Board or the
Air Pollution Control Officer, quotas for the amount of
wood waste that may be burned on any given day may be imposed.
The following shall apply on this regard.
1. The Permittee shall, prior to burning, establish from
the Air Pollution Control District that the day's
quota will allow the open burning of his proposed
amount of wood waste, and shall receive verbal authorization
from the Air Pollution Control District for his proposed
burn.
2. Authorization for burning on quota days shall be given
on a first-come first-served basis.
3. Any permit issued pursuant to these criteria shall be
void on any quota day, unless approval for the proposed
burn is given to the Permittee by the Air Pollution
Control district on that said quota day.
(e) Permits for the open burning of wood waste issued pursuant
to the provisions of these criteria shall, in addition to
any other required wording, include the following state-
ments or other suitable, similar verbage:
"This Permit is valid only on permissive burn days as
established by the State Air Resources Board."
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In the event that burning quotas are enforced, the following
wording on similar verbage shall also be included on the
Burning Permit:
"This Permit is valid only on those days authorized by the
Air Pollution Control District under open burning quota
limitations."
(f) Violation of any of the provisions of these criteria shall t
void any Permit issued pursuant to these criteria.
(51.9) Rule 2.9 Incinerator Burning.
Except for the burning of residential rubbish, a person shall not burn
any combustible refuse within the boundaries of the Sutter County Air
Pollution Control District, except in a multiple-chamber incinerator
as described in Rule 1.2(p), or in equipment found by the Air Pollution
Control Officer to be equally effective for the purpose of air pollution
control.
(50.1) Rule 2.10 Particulate Matter.
A person shall not discharge into the atmosphere from any source, jj
particulate matter in excess of 0.3 grains per cubic foot of gas ii
at standard conditions. !
When the source involves a combustion process, the concentration i
must be calculated to 12 percent carbon dioxide (CO?). In measuring !
the combustion contaminants from incinerators used to dispose of <
combustible refuse by burning, the carbon dioxide (CO?) excluded
from the calculation to 12 percent of carbon dioxide {£02). J
(50.1.l)Rule 2.11 Dust and Fumes.
""""~' i
i
A person shall not discharge in any one hour from any source whatsoever
dust fumes in total quantities in excess of the amounts in the following
table:
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ALLOWABLE RATE OF EMISSION BASED ON PROCESS WEIGHT RATE
Process Weight
Rate
Rate of
Emission
Process Weight
Rate
Rate of
Emission
Lb/Hr Tons/Hr Lb/Hr
Lb/Hr Tons/Hr Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,00.
3,000.
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
To use the above table, take the process weight per hour as such
is defined in the attached definitions. Then find this figure on
the table, opposite which is the maximum number of pounds of con-
taminants which may be discharged into the atmosphere in any one
hour. As an example, if A has a process which emits contaminants
into the atmosphere and which process takes 4 hours to complete,
he will divide the weight of all materials in the specific process,
in this example, 2,400 Ibs. by 4 giving a process weight per'hour
of 600 Ibs. The table shows that A may not discharge more than
1.83 Ibs in any hour during the process. Interpolation of the
data in the table for process weights up to 60,000 pounds per hour
shall be accomplished by use of the equation: E=4.10 P°.67 and
interpolation and extrapolation of the data for process weight
rates in excess of 60,000 pounds per hour shall be accomplished
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by use of the equation: E=55.0 Po.ll. (E= rate of emission in
pounds per hour; P= process weight rate in tons per hour.)
(50.0) Rule 2.12 Specific Contaminants.
A person shall not discharge into the atmosphere from any single source
of emission whatsoever, any one or more of the following contaminants
in any state or combination thereof, in excess of the following
concentrations at the point of discharge:
(a) Sulphur compounds calculated as sulphur dioxide ($02) 0.2
percent, by volume at standard conditions.
(b) Combustion contaminants: 0.3 grains per cubic foot of gas
calculated to 12 percent of carbon dioxide (CO?) at standard
conditions, 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. In measuring the
combustion contaminants from incinerators used to dispose
of combustible refuse by burning, the carbon dioxide (C02)
produced by combustion of any liquid or gaseous fuels shall
be excluded from the calculation ot 12 percent of
carbon dioxide (C02).
(50.4) Rule 2.13 Organic Solvents.
(a) A person shall not discharge more than 15 pounds of organic
materials into the atmosphere in any one day from any article,
machine, equipment or other contrivance in which any organic
solvent or any material containing organic comes into con-
tact with flame or is baked, heat-cured or heat-polymerized,
in the presence of oxygen, unless all organic materials dis-
charged from such article, machine, equipment or other
contrivance have been reduced either by at least 85 percent
over-all or to not more than 15 pounds in any one day.
(b) A person shall not discharge more than 40 pounds of organic
material into the atmosphere in any one day from any article,
machine, equipment or other contrivance used under conditions
other than described in section (a) for employing, applying,
evaporating, or drying any photochemically reactive solvent,
as defined in section (k), or material containing such solvent,
unless all organic materials discharged from such article,
machine, equipment or other contrivance have been reduced
either by at least 85 percent over-all or to not more than
40 pounds in any one day.
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(c) Any series of articles, machines, equipment or other contri-
vances designed for processing a continuously moving sheet,
web, strip or wire which is subjected to any combination
of operations described in sections (a) or (b) involving
any photochemically reactive solvent, as defined in section
(k), or material containing such solvent, shall be subject
to compliance with section (b). Where only non-photochemically
reactive solvents are employed or applied, and where any
portion or portions of said series of articles, machines,
equipment, or other contrivances involves operation described
in section (a), said portions shall be collectively subject
to compliance with section (a).
(d) Emissions of organic materials into the atmosphere from the
clean-up with photochemically reactive solvents, as defined
in section (k), of any article, machine, equipment or other
contrivance described in sections (a), (b) or (c) shall be
included with the other emissions of organic materials from
that article, machine, equipment or other contrivance for
determining compliance with this Rule.
(e) Emission of organic materials into the atmosphere as a result
of spontaneously continuing drying of products for the first
12 hours after their removal from any article, machine, equip-
ment or other contrivance described in sections (a), (b) or
(c) shall be included with other emissions of organic materials
from that article, machine, equipment or other contrivance
for determining compliance with this Rule.
(f) Emissions of organic materials into the atmosphere required
to be controlled by Sections (a), (b) or (c) shall be re-
duced by: (1) Incineration, provided that 90 percent or
more of the carbon in the organic material being incinerated
is oxidized to carbon dioxide, or (2) Absorption, or (3)
Processing in a manner determined by the Air Pollution Con-
trol Officer to be not less effective than (1) or (2) above.
(g) A person incinerating, absorbing, or otherwise processing
organic materials pursuant to this rule shall provide,
properly install and maintain in calibration, in good working
order and in operation, devices as specified in the
authority to construct or permit to operate, or as specified
by the Air Pollution Control Officer, for indicating
temperatures, pressures, rates of flow or other operating
conditions necessary to determine the degree of effectiveness
of air pollution control.
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(h) Any person using organic solvents or any materials con-
taining organic solvents shall supply the Air Pollution Con-
trol Officer, upon request and in the manner and form pre-
scribed by him, written evidence of the chemical composition,
physical properties and amount consumed for each organic
solvent used.
(i) The provisions of this Rule shall not apply to: (1) The
manufacture of organic solvents, or the transport or storage
of organic solvents or materials containing organic solvents;
(2) The use of equipment which is exempt from air pollution
control requirements by said rules; (3) The spraying or other
employment of insecticides, pesticides or herbicides; (4)
The employment, application, evaporation or drying of saturated
halogenated hydrocarbons or perchloroethylene.
(j) For the purpose of this Rule, organic solvents include diluents
and thinners and are defined as organic materials which are
liquids at standard conditions and which are used as dissolvers,
viscosity reducers or cleaning agents.
(K) For the purpose of this Rule, a photochemically reactive
solvent is any solvent with an aggregate of more than 20 per-
cent of its total volume composed of the chemical compounds
classified below or which exceeds any of the following indi-
vidual percentage composition limitations, referred to the
total volume of solvent: (1) A combination of hydrocarbons,
alcohols, aldehydes, esters, ethers, or ketones having a ole-
finic or cyclo-olefinic type of unsaturation: 5 percent;
(2) A combination of aromatic compounds with eight or more
carbon atoms to the molecule except ethylbenzene: 8 percent;
(3) A combination of ethylbenzene, ketones, having branches
hydrocarbon structures, trichloroethylene or toluene: 20
percent. Whenever any organic solvent or any constituent of
an organic solvent may be classified from its chemical
structure into more than one of the above groups of organic
compounds, it shall be construed as a member of the most
reactive chemical group, that is, that group having the least
allowable percent of solvents. For the purposes of this
Rule, organic materials are defined as chemical compound of
carbon excluding carbon monoxide, carbon dioxide, carbonic
acid, metallic carnides, metallic carbonates and ammonium
carbonate.
(50.6) Rule 2.14 Reduction of Odorous Matter.
(a) A person shall not operate or use any article, machine, equip-
ment or other contrivance for the reduction of or the processing
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of animal matter, agricultural material, etc., unless all
gases, vapor and gas entrained effluents which contain odorous
material are: (1) incinerated with adequate retention times
at high temperatures to insure effective air pollution con-
trol; (2) processed in such a manner determined by the Air
Pollution Control Officer to be equally, or more effective
for the purpose of air pollution control than (1) above.
(b) A person incinerating or processing gases, vapors or gas-
entrained effluents pursuant to this rule shall provide,
properly install and maintain in calibration, in good working
order and in operation devices, and specified in the permit
to construct or to operate or as specified by the Air Pollu-
tion Control Officer, for indicating temperature, pressure
or other operating conditions.
(c) For the purpose of this prohibition, "reduction" is defined
as any heated process, including rendering, cooking, drying,
dehydrating, digesting, evaporating and protein concentrating.
(d) The provisions of this rule shall not apply to any article,
machine, equipment or other contrivance used exclusively for
the processing of food for human consumption.
(51.5) Rule 2.15 Fuel Burning Equipment.
(51.6)
(51.7) A person shall not build, erect, install or expand any non-mobile fuel
burning equipment used unless the discharge into the atmosphere of
contaminants will not and does not exceed any more of the following
rates:
(a) 200 pounds per hour of sulfur compounds, calculated as
sulfur dioxide ($02);
(b) 140 pounds per hour of nitrogen oxides, calculated as
nitrogen dioxide (N02);
(c) 10 pounds per hour of combustion contaminants derived from
the fuel.
For the purpose of this Rule, a fuel burning equipment unit shall be
comprised of the minimum number of boilers, furnaces, jet engines or
other fuel burning equipment, the simultaneous operation of which
are required for the production of useful heat or power.
Fuel Burning equipment serving primarily as air pollution control
eouioment by using a combustion process to destroy air contaminants
shall be exempt form the provisions of this Rule.
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Nothing In this Rule shall be construed as preventing the maintenance
or preventing the alteration or modification of an existing fuel burn-
ing equipment unit which will reduce its mass rate of air contaminant
emissions.
This Rule shall not apply to any processing operation in which a
flame directly contacts the material being processed, until such time
as Federal standards (Health, Education and Welfare) are completed.
(51.16) Rule 2.16 Storage of Petroleum Products.
(a) As provided in Health and Safety Code Section 39068.2, any
person who, after December 31, 1970, loads or permits the
loading of gasoline into any stationary tank with a capacity
of 250 gallons or more from any tank truck or trailer,
except through a permanent submerged fill pipe, unless such
tank is a pressure tank as described in Section 39068.3, or
is equipped with a floating roof as described in Section
39068.5, or unless such tank is equipped with other apparatus
of equal efficiency which has been approved by the air pol-
lution control officer is whose district the equipment is
located, or where not such district exists, by the State
Air Resources Board, is guilty of a misdemeanor.
(b) Any person who installs any gasoline tank with a capacity
. of 250 gallons or more which does not meet the requirements
of subdivision (a) is guilty of a misdemeanor.
(c) Subdivision (a) and (b) shall not apply to any stationary
tank installed prior to December 31, 1970.
(d) For the purposes of this section "gasoline" means any
petroleum distillate having a Reid vapor pressure of four
pounds or greater.
(e) For the purposes of this section, "submerged fill pipe"
means any fill pipe which has its discharge opening entirely
submerged when the liquid level is six inches above the
bottom of the tank. "Submerged fill pipe," when applied
to a tank which is located from the side, means any fill
pipe which has its discharge opening entirely submerged
when the liquid level is 18 inches above the bottom of the
tank.
(f) Subdivisions (a) and (b) shall not apply to any stationary
tank which is used primarily for the fueling of implements
of husbandry, as such vehicles are defined in Division 16
(commencing with Section 36000) of the Vehicle Code.
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(g) As provided in Health and Safety Code Section 30968.3, a
"pressure tank" is a tank which maintains working pressure
sufficient at all times to prevent hydrocarbon vapor or gas
loss to the atmosphere.
(h) As provided in Health and Safety Code Section 39068.4, a
"vapor recovery system" consists of a vapor gathering
system capable of collecting the hydrocarbon vapors and
gases so as to prevent their emission to the atmosphere,
with all tank gauging and sampling devices gastight except
when gauging or sampling is taking place.
(i) As provided in Health and Safety Code Section 39068.5, a
"floating roof" consists 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 tank wall. The control equip-
ment provided for in this section shall not be used if the
, gasoline, or petroleum distillate has a vapor pressure of
11.0 pounds per square inch absolute or greater under actual
storage conditions. All tank gauging and sampling devices
shall be gastight except when gauging or sampling is taking
place.
(2.0) Rule 2.17 Circumvention.
A person shall not build, erect, install, or use any article, machine,
equipment or other contrivance, the use of which, without resulting
in a reduction in the total release of air contaminants to the atmos-
phere, reduces or conceals an emission which would otherwise con-
stitute a violation of Division 20, Chapter 2, of the Health and
Safety Code of the State of California or of these Rules and Regu-
lations. This section shall not apply to cases in which the only
violation invoved is of Section 24243 of the Health and Safety Code
of the State of California.
(50.0) Rule 2.18 Separation of Emissions.
If air contaminants from a single source operation are emitted through
two or more emission points, the total emitted quantity of any air
contaminant limited in this Regulation cannot exceed the quantity
which would be the allowable emission through a single emission
point; the total emitted quantity of such air contaminant shall be
taken as the product of the highest concentration measured in any of
the emission points and the combined exhaust gas volume from all
emission all emission points, unless the person responsible for the
source operation establishes, to the satisfaction of the Air Pollution
Control Officer, the correct total emitted quantity.
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(50.0) Rule 2.19 Combination of Emissions.
(a) If air contaminants from two or more source operations are
combined prior to emission and there are adequate and reliable
means reasonably susceptible to confirmation and use by the
Air Pollution Control Officer for establishing a separation
of the components of the combined emission to indicate the
nature, extent, quantity and degree of emission arising from
each such source operation, and then all of the applicable
prohibitions shall apply to each such source operation
separately.
(b) If air contaminants from two or more source operations are
combined prior to emission, and the combined emissions
cannot be .separated according to the requirements of sub-
section (a) of this Rule, then all applicable prohibitions
shall be applied to the combined emission as if it originated
in a single source operation, subject to the most stringent
limitations and requirements placed by these prohibitions
on any of the source operations whose air contaminants are
so combined.
(2.0) Rule 2.20 Payment of Order Charging Costs.
No person shall fail or refuse to pay an order charging cost within
sixty (60 days after service upon him of such order.
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REGULATION III: PERMIT SYSTEM
(3.0) Rule 3.1 Authorizations and Permits Required.
(a) Construction. No person shall build, erect, alter, or
replace any article, mancine, equipment, or other con-
trivance, 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, without first
obtaining an authorization to construct from the Air
Pollution Control Officer.
(b) Authorization to Construct. No person shall issue any
t building permit for a building or structure erecting,
altering, or replacing any article, machine, equipment or
other contrivance, the use of which may eliminate or reduce
I or control the issuance of air contaminants unless the
Air Pollution Control Officer shall have first issued
an authorization to construct for such work.
(c) Permit to Operate. No person shall operate any article,
j machine, equipment, or other contrivance, the use of
which may cause the issuance of air contaiminants or the
use of which may eliminate or reduce or control the issuance
of air contaiminants, without obtaining a permit from the
Air Pollution Control Officer.
! (d) Existing Installations. No person shall operate any article,
! machine, equipment, or other contrivance, the use of which
< may cause the issuance of air contaiminants or the use of
I which may eliminate or reduce or control the issuance of air con-
| taminants, without obtaining a permit from the Air Pollution Con-
! trol Officer, after one year following the effective date of these
! Rules and Regula-tions or after such later time as may be fixed
for good cause shown by the Hearing Board.
(3.0) Rule 3.2 Exemptions. An authorization to construct, or a
permit to operate, shall not be required for:
i
(a) Vehicles as defined by the Vehicle Code of the State of
California, but not including any article, machine, equip-
; ment or other contrivance mounted on such vehicle that
j would otherwise require a permit under the provisions of
i these Rules and Regulations.
(b) Vehicles used to transport passengers or freight.
i
i (c) Any structure designed for and used exclusively as a dwelling
i .for not more than two families.
i
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(d) Equipment, including incinerators, used exclusively in
connection with any structure, which structure is designed
for and used exclusively as a dwelling for not more than
two (2) families.
(e) The following equipment: (1) Comfort air conditioning or
comfort ventilating systems which are not designed to re-
move air contaminants generated by or released from specific
units or equipment; (2) Refrigeration units except those
used as, or in conjunction with, air pollution control equip-
ment; (3) Piston type internal combustion engines; (4) Water
copling towers and water cooling ponds not used for evaporative
cooling of water from barometric jets or from barometric
condensers. (5) Equipment used exclusively for steam cleaning;
(6) Presses used exclusively for extruding metals, minerals,
plastics, or wood; (7) Brazing, soldering or welding equip-
ment; (8) Barbecue equipment which 1s not used for commercial
purposes.
(f) Equipment used in eating establishments for the purpose of
preparing food for human consumption.
(g) Space heaters.
(h) Steam generators, steam superheaters, water boilers, water
heaters, and closed heat transfer systems that have a
maximum heat input rate of less than 250,000,000 British
Thermal Units (BTU) per hour (gross), and are fires
exclusively with one of the following: (1) Natural gas;
(2) Liquefied petroleum gas; (3) A combination of natural
gas and liquefied petroleum gas.
(i) Self propelled mobile construction equipment other than
pavement burners.
(j) Other sources of minor significance specified by the Air
Pollution Control Officer.
(k) Agricultural implements used in agricultural operations.
(1) Repairs or maintenance not involving structural changes to
any equipment for which a permit has been granted. Main-
tenance as used herein does not include operation.
(3.0) Rule 3.3 Applications.
Requests for an authorization to construct or a permit to operate,
shall be initiated by filing an application with the Air Pollution
Control Officer or his designee together with the filing fee required
by these Rules and Regulations. The application shall contain all
information necessary to enable the Air Pollution Control Officer
to approve, approve subject to conditions, or deny the application.
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(3.0) Rule 3.4 Standards for Granting Applications.
(a) The Air Pollution Control Officer shall deny authorization
to construct, or permit to operate, except as provided in
Rule 3.5, if the applicant does not show that every article,
machine, equipment or other contrivance, the use of which
may cause the issuance of air contaminants, or the use of
which may eliminate or reduce or control the issuance of
air contaminants, is so designed, controlled, or equipped
with such air pollution control equipment, that it may be
expected to operate without emitting or without causing to
be emitted air contaminants in violation of Sections 24242
or 24243 of the Health and Safety Code, or of these Rules
and Regulations.
(b) Before authorization to construct, or a permit to operate
where no permit to operate is in force, is granted, the
Air Pollution Control Officer may require the applicant to
provide and maintain such facilities as are necessary 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
article, machine, equipment, or other contrivance described
in the authorization to construct or permit to operate.
In the event of such a requirement, the Air Pollution Con-
trol 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 platform, 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.
(c) In acting upon a permit to operate, where no permit to
operate is in force, if the Air Pollution Control Officer
finds that the article, machine, equipment or other con-
trivance has been constructed not in accordance with the
authorization to construct, he shall deny the permit. The
Air Pollution Control Officer shall not accept any further
application for permit to operate the article, machine,
equipment or other contrivance so constructed until he
finds that the article, machine, equipment or other con-
trivance has been reconstructed in accordance with the
Authorization to Construct.
(3.0) Rule 3.5 Conditional Approval.
The Air Pollution Control Officer may issue an authorization to construct
or a permit to operate, subject to conditions which will bring the
operation of any article, machine, equipment or other contrivance within
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the standards of Rule 3.4, in which case the conditions shall be speci-
fied in writing. Commencing work under such an authorization to construct,
or operation under such a permit to operate, shall be deemed acceptance
of all the conditions so specified. The Air Pollution Control Officer
shall issue an authorization to construct or a permit to operate with
revised conditions upon receipt of a new application, if the applicant
demonstrates that the article, machine, equipment or other contrivance
can operate within the standards of Rule 3.4 under the revised conditions.
(3.0) Rule 3.6 Denial of Application.
In the event of denial of authorization to construct or permit to operate
the Air Pollution Control Officer shall notify the applicant in writing
of the reasons therefor. Service of this notification may be made in
person or by mail, and such service may be proved by the written
acknowledgement of the persons served. The Air Pollution Control Officer
shall not accept a further application unless the applicant has compiled
with the objections specified by the Air Pollution Control Officer
as his reasons for denial of the authorization to construct the permit
to operate or the permit to sell or rent.
(3.0) Rule 3.7 Information.
The Air Pollution Control Officer may at any time require from an ap-
plicant for, holder of, or one required to hold, an authorization to
construct or permit to operate or from a person who will be required
to hold a permit in the future by Rule 3.1(c), such information,
, analysis, plans or specifications as will disclose the nature, extent,
quantitity or degree of air contaminants which are or may be dis-
charged into the atmosphere.
(3.0) Rule 3.8 Applications Deemed Denied.
The applicant may, at his option, deem the authorization to construct,
permit to operate, denied if the Air Pollution control Officer fails
to act on the application within (30) days after filing, or within
thirty (30) days after applicant furnishes the further Information,
plans and specifications requested by the A1r Pollution Control
Officer, whichever 1s later.
(3.0) Rule 3.9 Appeals.
(16.0)
Within ten (10) days after notice by the Air Pollution Control Officer
of denial of conditional approval of an authorization to construct
or permit to operate, the applicant may petition 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 Air
Pollution Control Officer; such order may be made subject to specified
conditions.
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(3.0) Rule 3.10 Term of Authorization to Construct.
An authorization to construct shall remain in effect only until an
application for a permit to operate the article, machine, equipment
or other contrivance in question is granted or denied; however, such
an authorization shall not remain in effect beyond two years from
the date of issuance unless the Air Pollution Control Officer finds
that the time required for construction requires an extension and
grants one or more extensions to a time within five years of the
date of issuance.
(3.0) Rule 3.11 Posting of Permit.
A person who has been granted under these Rules and Regulations a
permit to operate any article, machine, equipment, or other contrivance,
shall firmly affix such permit to operate, an approved facsimile,
or other approved identification bearing the permit number upon the
article, machine, equipment or other contrivance in such a manner as
to be clearly visible and accessible. In the event that the article,
machine, equipment, or other contrivance is so constructed or
operated shall be mounted so as to be clearly visible in an accessible
place within 25 feet of the article, machine, equipment, or other
contrivance or maintained readily available at all times on the
operating permises.
(3.0) Rule 3.12 Transfer.
Any permit or written authorization issued hereunder shall not be
transferable, by operation of law or otherwise, from one location
to another, from one piece of equipment to another, or from one
person to another.
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REGULATION IV: AGRICULTURAL BURNING
(51.13) Rule 4.1 Prohibitions.
(a) No-Burn Days. Except as otherwise authorized by permit under
this Regulation, no person shall knowingly set or permit an
open outdoor fire to burn agricultural wastes on "no-burn"
days.
(b) Other Wastes. No person shall knowingly set or permit an
open outdoor fire to burn agricultural wastes that are not
free of other wastes such as tires, rubbish, tar paper, or
constructi on debri s.
(c) Minimum of Smoke. No person shall knowingly set or permit
an open outdoor fire to burn agricultural wastes that are
not arranged so that it will burn in a minimum of smoke.
(d) Dirt, Soil, and Visible Surface Moisture. No person shall
knowingly set or permit an open outdoor fire to burn
agricultural wastes that are not reasonably free of dirt,
soil, and visible surface moisture.
(e) Minimum Drying Period. No person shall knowingly set or
permit an open outdoor fire to burn agricultural wastes
that have not been dried for the minimum periods between
cutting and burning set for the in the following table:
(1) A minimum of three days for grain stubble; (2) A
minimum of thirty days for trees, stumps, and large
branches greater than six inches in diameter; (3) Sufficient
time for other agricultural waste such as orchard prunings,
small branches, stubble, vegetable tops and seed screenings
to assure rapid and complete combustion with a minimum of
smoke; (4) The Air Pollution Control Officer may by order
authorize burning of agricultural waste in shorter times if
the denial of such permit would threaten imminent and sub-
stantial economic loss.
(f) Rice Straw Burning.
1. All rice harvesters shall employ a mechanical straw
spreader to insure even distribution of the straw with
the following exception:
(a) Rice straw may be left in rows providing it meets
drying time criteria prior to a burn as described
in Section 2 of this regulation.
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2. Drying Time for Rice Straw.
(a) After Harvest.
1. No spread rice straw shall be burned prior to
a three day drying time.
2. No rowed rice straw shall be burned prior to
a ten day drying time.
3. Sections 1 and 2 above do not apply if the rice
straw makes an audible crackle when tested just
prior to burning with the testing method des-
cribed in Section 3 of this regulation.
4. Burning Method. Rice stubble is to be ignited
only by stripfiring into the wind or by back-
firing except where and when fire hazards are
declared to exist.
After a Rain.
1. After a rain exceeding .15 inch (fifteen hundredths
of an inch) rice straw shall be burned unless the
: straw makes an audible crackle when tested just
! prior to burning with the testing method described
, in Section 3 of this regulation.
3. Testing Procedures to Determine Rice Straw Dryness.
(a) When checking the field for moisture the grower shall
j test a composite sample of straw from under the mat,
in the center of the mat and from different areas
of the field to insure a representative sample. A
handful of straw from each area will give a good
! indication.
(g) Burning Hours. Burning hours shall be set by the Air Pollution
Control Officer, with approval of the Air Pollution Control
Advisory Committee and the Fire Marshal. Fire Districts shall
I post copies of burning hours where fire permits are issued.
(h) Total Daily Burning. Agricultural waste burning shall be lim-
ited to not more than 10% of the total acreage of the largest
[ single crop within the District on any one burn day except
I during the critical period.
i
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1. Acreage Allotment during the Critical Period. During the
critical period from October 1st through November 15th
of each year, the acreage of agricultural burning shall
be reduced to 50% (1/2) of the normal allotment which is
permitted during the remainder of the year.
(51.13) Rule 4.2 Permit to Burn.
No person shall knowingly set or permit an open outdoor fire to burn
agricultural wastes unless he has a valid permit to burn from a design-
ated agency.
(3.0) Rule 4.3 Applications.
Request for a permit to burn shall be initiated by filing an application
with the designated agency and shall provide information required by
the designated agency for fire protection purposes and shall provide
the information required to determine whether the proposed fire will
not be in violation of the provisions of Sections 39298 and 39298.1
of the Health and Safety Code, these Rules and Regulations and, if
the application is for authorization to burn on no-burn days, an esti-
mate of the amount of wastes proposed to be burned and the reason why
denial of the permit would have threatened imminent and substantial
loss.
(3.0) Rule 4.4 Forms.
The Air Pollution Control Officer and the designated agencies shall
jointly prepare forms of applications and permits to burn in accordance
with the Rules and Regulations.
(3.0) Rule 4.5 Standards for Granting Applications.
The designated agency shall grant the permit to burn if the applicant
shows that the proposed fire will not violate these Rules and Regulations
or Sections 39298 and 39298.1 of the Health and Safety Code; however,
if the application is for authorization to burn on no-burn days, the
designated agency shall refer the application to the Air Pollution Con-
trol Officer, who shall grant the application if he finds that denial
of the permit would threaten imminent and substantial economic loss.
(3.0) Rule 4.6 Permits. Daily Limits.
Before granting a permit to burn, the designated agency shall contact
the Air Pollution Control Officer and determine whether permits have
been authorized in excess of the daily limit on burning.. If the
daily limit is not exceeded thereby, the designated agency shall grant
the permit and report the number of acres of stubble or tons of
other agricultural wastes for which the permit is granted to the Air
Pollution Control Officer.
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(3.0) Rule 4.7 Restricted Burning Days.
If, for any reason, it becomes likely that wastes from more than 10%
of the total acreage within the district of the largest agricultural
crop will be burned on any one day, the Control Officer shall notify
the local agencies designated in Rule 4.9 that a condition of re-
stricted burning exists. On days of restricted burning local agencies
shall restrict the acreage the stubble or other wastes to be burned
under permit to that acreage allocated to the agency by the Control
Officer. The Control Officer shall prorate the amounts to be burned
to each agency based on the estimated number of acres in the geographic
area covered by the agency.
(3.0) Rule 4.8 Permit Forms.
Permits to burn shall contain the following:
(a) Name and address of the permittee.
(b) Location of the proposed burning.
(c) Acreage or estimated tonnage of waste to be burned.
(d) The kind of agricultural waste to be burned.
(e) The statement "THIS PERMIT IS VALID ONLY ON THOSE DAYS WHICH
ARE NOT PROHIBITED BY THE STATE AIR RESOURCES BOARD".
(f) Such other ifnormation as may be required by the agency
issuing the permit.
(g) Permits shall specify the hours from 9:00 A.M. to 3:00
P.M. for ignition of fires.
(3.0) Rule 4.9 Fire Permit Agencies.
The following Sutter County Air Prevention Agencies or Officials are
designated to grant permits for burning of agricultural wastes within
the boundaries of their respective districts:
(1) Walton Fire District.
(2) Yuba County Fire Department.
(3) Live Oak Fire Department.
(4) Meridian Fire Department.
(5) Sutter Fire Department.
(6) Pleasant Grove Fire Department.
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(7) Oswald Tudor Fire Department.
(8) East Nicolaus Fire Department.
(9) Robbins Fire Department.
(3.0) Rule 4.10 Fire Prevention.
Nothing in these rules is intended to permit open burning of agricultural
wastes on days when such open burning is prohibited by public fire pro-
tection agencies for purposes of fire control or prevention.
(51.13) Rule 4.11 Range Improvement Burning.
(a) Burning shall only be those days declared as burn days by
the Air Resources Board except if it is otherwise authorized
by the Air Pollution Control Officer.
(b) No person shall knowingly set or permit an open outdoor fire
for range improvement burning that is not free from other
wastes such as tires, rubbish, tarpaper, plastics or con-
struction debris.
(c) Fires will be ignited with approved ignition devises only.
(d) Should it be deemed necessary, for the preservation of
acceptable air quality, by the Air Resources Board or the
Air Pollution Control Officer; quotas for the acreage of
range that may be burned on any given day may be imposed.
The following shall apply in this regard.
1. The Permittee shall, prior to burning, establish from
the Air Pollution Control District that the day's quota
, will allow the open burning of his proposed acreage
of range, and shall receive verbal authorization from
the Air Pollution Control District for his proposed
burn.
2. Authorization for burning on quota days shall be given
on first-come first-serve basis.
3. Any Permit iss*ued pursuant to these criteria shall be
valid on any quota day, unless approval for the pro-
posed burn is given to the Permittee by the Air Pollution
Control District on that said quota day.
(e) The burn shall be ignited as rapidly as practicable within
applicable fire control restriction.
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(f) The wind direction at time of the burn must be away from any
populated area.
(g) All brush must be treated at least six months prior to the
burn if it is economically and technically feasible.
(h) All unwanted trees over six inches in diameter must be
felled and dried a minimum of 30 days prior to burning.
(i) If the burn is done primarily for improvement of land for
wildlife and game habitat, the applicant must file a state-
ment from the Department of Fish and Game certifying that
the burn is desirable and proper.
:(51.1) Rule 5.1 Orchard, Field Crop* or Citrus Heater.
The following applies to burning in orchards, field crops, and citrus
groves to prevent frost damage:
(a) No new orchard or citrus grove heater shall be sold for
use against frost damage unless it has been approved by
the California Air Resources Board.
(b) No person shall use any orchard or citrus grove heater
after January 1, 1975 unless it has been approved by the
the California Air Resources Board or does not produce
more than one gram per minute of unconsumed solid carbon-
aceous material.
(c) Open fires in orchards or citrus groves are prohibited
except that the use of commercially prepared charcoal
briquettes or similar substances designed for the purpose
is permitted.
(d) The use of rubber tires of any rubber products in any
combustion process in connection with any orchard or citrus
grove heating is prohibited.
* Field crop as applied to this section shall mean field and truck
crops.
(2.0) Rule 6.3 Hearing Board Fees.
(16.0)
(a) Every applicant or petitioner for variance, or for the
extension, revocation or modification of a variance, or
for an appeal from a denial or conditional approval of an
authorization to construct, permit to operate, or permit
to sell or rent, except any state or local governmental
agency or public district, shall pay to the Clerk of the
Hearing Board, on filing, a fee in the sum of Twenty-five
Dollars ($25.00).
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(b) Any person requesting a transcript of the hearing shall j
pay the cost of such transcript. !
(c) This Rule shall not apply to petitions filed by the Air j
Pollution Control Officer. i
(2.0) Rule 6.4 Analysis Fees.
(9.0) ;
(a) Whenever the Air Pollution Control Officer finds that an j
analysis of the emission from any source is necessary to
determine the extent and amount of air contaminants being
discharged into the atmosphere which cannot be determined I
by visual observation, he may order the collection of samples j
and the analysis made by a qualified professional engineer j
registered in the State or other qualified person. \
i
(b) If the report upon the samples and analysis discloses a !
violation of Chapter 2, Division 20 or Chapter 10, Part 1, !
Division 26 of the Health and Safety Code or these Rules i
and Regulations, the Air Pollution Control Officer shall i
make an order charging costs against the owner or operator j
of the premises from which samples have been ordered
collected. Such order shall be for the amount of the !
reasonable cost actually incurred for time required to j
collect samples, make analysis and prepare reports but j
excluding time required to go to and from the premises. i
(2.0) Rule 6.5 Technical Report Charges. !
(13.0) :
Information, circulars, reports and 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 j
the same, may be charged for by the District in a sum not to exceed j
the cost of preparation and distribution of such document.
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REGULATION V: PROCEDURE BEFORE THE HEARING BOARD
(16.0) Rule 7.1 Applicable Articles of the Health and Safety Code.
The provisions of Article 4 and Article 6, Chapter 2, Division 20
of the State of California Health and Safety Code, entitled Rules
and Regulations, Variances and Procedures are applicable to all
hearings before the Hearing Board of the Sutter County Air Pol-
lution Control District.
(2.0) Rule 7.2 General.
This regulation shall apply to all hearings before the Hearing Board
of the Air Pollution Control District.
(2.0) Rule 7.3 Filing Petitions.
Request for a hearing shall be initiated by the filing of a petition
in triplicate with the Clerk of the Hearing Board, and the payment
to said Clerk of the filing fee required by these Rules and Regu-
lations, after service of a copy of the petition has been made on
the Air Pollution Control Officer, and one copy of the holder of the
permit or variance, if any, involved. Service may be made by mail,
and service may be proved by written acknowledgment of the person
served.
No fee shall be required for filing of a petition by a public agency
or a public officer acting in the scope of his official capacity.
(2.0) Rule 7.4 Contents of Petitions.
Every petition shall state:
(a) The name, address, and telephone number of the petitioner,
or other person authorized to receive service of the notices;
(b) Whether the petitioner is an individual, co-partnership,
corporation, or other entity, the names and addresses of
partners, if a co-partnership, names and addresses of the
persons in control, if other entity;
(c) The type of business or activity involved in the application
and the street address or location 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 a permit should be revoked, or suspended permit
should be reinstated under Section 24274 of the Health
and Safety Code; (2) for a variance under provisions of
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Section 24292 of the Health and Safety Code; (3) to revoke
or modify a variance under provisions of Section 29298 of the
Health and Safety Code; (4) to review the denial or con-
ditional granting of an authorization to construct, permit
to operate or permit to sell or rent under Rules 3.1 and 3.3
of these Rules and Regulations.
(f) Each petition shall be signed by the petitioner or some
person on his behalf, and where the person signing is not
the petitioner, it shall set forth his authority to sign.
(g) Petitions for revocation of permits shall allege, in addition,
the section or rule under which the permit was granted and
the section or rule which is alleged to have been violated,
together with a brief statement of the facts constituting
such alleged violation.
(h) Petitions for reinstatement of suspended permits shall allege,
in addition, the section or rule under which the permit was
granted; the request and alleged refusal which formed the
basis for such suspension, together with a brief statement
as to why information requested, if any, was not furnished;
and whether such information is believed to be pertinent,
and if so, when it will be furnished.
(i) All petitions shall be typewritten, double spaced, on
legal or letter size paper, one side of the paper only,
leaving a margin of at least one inch at the top and left
side of each sheet.
(5.0) Rule 7.5 Petition for Variances.
In addition to the matters required by Rule 7.4, petitions for variance
shall state briefly:
(a) The section, rule or order complained of;
(b) The facts showing why compliance with the section, rule or
order is unreasonable;
(c) For what period of time the variance is sought and why;
(d) The damage or harm resulting, or which would result to the
petitioners from a compliance with such section, rule or order;
(e) The requirements which petitioner can meet and the date when
petitioner can comply with such requirements;
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(f) The advantages and disadvantages to the residents of the
district resulting from granting a variance;
(g) Whether or not operations under such variance, if granted,
would contitute a nuisance;
(h) Whether or not any case involving the same identical equip-
ment or process is pending in any court, civil or criminal.
(j) Whether or not the subject equipment or process is covered
by a permit to operate issued by the Air Pollution Control
Officer.
(2.0) Rule 7.6 Appeal from Denial.
A petition to review a denial or conditional approval of an authorization
to construct, permit to operate, or permit to sell or rent shall, in
addition to the matters required by Rule 7.4 set forth a summary
of the application, or a copy thereof; the alleged reasons for the
denial or conditional approval; and the reasons for the appeal.
(2.0) Rule 7.7 Failure to Comply with Rules.
The Clerk of the Hearing Board shall not accept for filing any petition
which does not comply with these rules 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 wri-
ting. Such direction need not be made at a meeting of the Hearing
Board. The Chairman of 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.
(2.0) Rule 7.8 Answers.
Any person may file an answer within 10 days after service. All
persons answering shall be served in the same manner as petitioners
under provisions of Rule 7.3.
(2.0) Rule 7.9 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.
(16.0) Rule 7.10 Place of Hearing.
All hearings shall be held at the Chamber of the Board of Supervisors
of the County of Sutter, County Office Building, Yuba City, California,
unless some other place is designated by the Hearing Board.
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(16.0) Rule 7.11 Notice of Hearing.
The Clerk of the Hearing Board shall mail or deliver a notice of
hearing to the petitioner, the Air Pollution Control Officer, the
holder of the permit of variance involved, if any, and to any person
entitled to notice under provisions of Section 24275, 24295, 24299
of the Health and Safety Code.
(16.0) Rule 7.12 Evidence. ,
(a) Oral evidence shall be taken only on oath of affirmation.
(b) Each party shall have these rights: to call and examine
witnesses; to introduce exhibits; 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; and to rebut the evidence against him. 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 person 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 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 shall be effective to the same extent
that they are now, or hereafter may be, recognized in
civil actions, and irrelevant and unduly repetitious
evidence shall be excluded.
(16.0) Rule 7.13 Preliminary Matters.
Preliminary matters such as setting a date for hearing, granting,
continuances, approving petitions for filing, allowing amendments,
and other preliminary rulings 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 notice.
(16.0) Rule 7.14 Official Notice. .
ihe Hearing Board may take official notice of any matter which may be
judicially noticed by the courts of this State.
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(16.0) Rule 7.15 Continuances.
i The Chairman or any two members of the Hearing Board shall grant any
! continuance of fifteen (15) days or less concurred in by petitioner,
the Air Pollution Control Officer and by every person who has filed
an answer in the action, and may grant any reasonable continuance;
! in either case such action may be ex parte, without a meeting of the
I Hearing Board and without prior notice.
(16.0) Rule 7.16 Decisions.
j
I The decision shall be in writing, served and filed within fifteen (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 or delivered to the Air Pollution Control Officer,
the petitioner and to every person who has filed answer or who has
appeared as a party in person or by counsel at the hearing.
(2.0) Rule 7.17 Effective Date of Decision.
The decision shall become effective fifteen (15) days after delivering
or mailing a copy of the decision as provided in Rule 6.16, or the
Hearing Board may order that the decision shall become effective
sooner.
(3.0) Rule 7.18 Lack of Permit.
The Hearing Board shall not receive or accept a petition for a variance
for the operation or use of any article, machine, equipment or other
contrivance until a permit to operate has been granted or denied by
the Air Pollution Control Officer; except that an appeal from a
denial of a permit to operate and a petition for a variance may be
filed with the Hearing Board, after denial of a permit to operate
by the Air Pollution Control Officer, may include a permit to operate
for the duration of the variance.
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