Chapter 16.04 AIR POLLUTION CONTROL

These rules and regulations shall be known as the “Rules and Regulations of the Alpine County Air Pollution Control District.” (Ord. 325 Rule 1.1, 1972)

16.04.020 Definitions.

Except as otherwise specifically provided in these rules and, except where the context otherwise indicates, words used in this chapter are used in exactly the same sense as the same words are used in the Health and Safety Code.

1. “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.

2. “Air contaminant” means and includes smoke, charred paper, dust, soot, grime, carbon, aerosols, noxious acids, fumes, gases, odors, or particulate matter, or any combination thereof.

3. “Atmosphere” means the air that envelops or surrounds the earth.

4. “Board” means the air pollution control board of the Alpine County air pollution control district, which is the board of supervisors.

5. “Combustible waste” means any solid or liquid combustible waste material containing carbon in a free or combined state.

6. “Combustion contaminants” are particulate matter discharged into the atmosphere from the burning of any kind of material containing carbon in a free or combined state.

7. “Control officer” means the air pollution control officer of the Alpine County air pollution control district.

8. “District” means the Alpine County Air Pollution Control District.

9. “Hearing board” means the hearing board of the Alpine County Air Pollution Control District.

10. “Incinerator” means any furnace or similar enclosed fire-chamber, with or without a draft control, used for burning refuse or other waste material.

11. “Institutional facility” means any-hospital, boarding home, school, corporation yard, or like facility.

12. “Multicomponent system” means a collection, or combination, of mutually dependent articles, structures or devices customarily or necessarily started, operated and taken out of service as a unit.

13. “Open outdoor fire” means complete or partial burning or smoldering of any combustible refuse or other material of any type, directly exposed to the atmosphere, whether or not enclosed in a fireproof container, where the products of combustion are not channeled through a flue.

14. “Particulate matter” means any material, except uncombined water, which exists in a finely divided form as a liquid or solid at standard conditions.

15. “Person” means any person, firm, association, organization, 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.

16. “Process weight” is 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 as part of the process weight, but liquid and gaseous fuels and combustion air will not. The process weight rate 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.

17. “Regulation” means one of the major subdivisions of rules of the county Air Pollution Control District.

18. “Residential rubbish” means refuse originating from residential uses and includes wood, paper, cloth, cardboard, tree trimmings, leaves, lawn clippings, and dry plants.

19. “Rule” means a rule of the county Air Pollution Control District.

20. “Section” means section of the Health and Safety Code of the state, unless some other statute is specifically mentioned.

21. Shall and May. As used in this chapter, “shall” is mandatory, “may” is permissive.

22. “Standard conditions” means a gas temperature of sixty degrees Fahrenheit and a gas pressure of 14.7 pounds per square inch absolute. Results of all analyses and tests shall be calculated and reported at this gas temperature and pressure.

23. “Variance” means an authorization by the hearing board to permit some act contrary to the requirements specified by these rules and regulations. (Ord. 325 Rule 1.2, 1972)

16.04.030 Air pollution data—Public records—Trade secrets defined.

A. All information, analyses, plans or specifications, that disclose the nature, extent, quantity or degree of air contaminants which any article, machine, equipment or other contrivance will produce, which the Air Pollution Control 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 monitoring data, including data compiled from stationary sources, are public records.

C. Trade secrets are not public records under this section. “Trade secrets,” as used in this section, may include, but are not limited 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 compound 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. (Ord. 325 Rule 1.3, 1972)

16.04.040 Enforcement.

These rules and regulations shall be enforced by the air pollution control officer, pursuant to all applicable law. The pursuit of any one such remedy shall not be deemed an election of remedies. All available remedies may be pursued individually, collectively, concurrently, or consecutively, at the option of the air pollution control officer. (Ord. 325 Rule 1.4, 1972)

16.04.050 Orders for abatement.

The clerk of the hearing board shall, on the petition of the air pollution control officer, or may, upon receipt of a petition from any other interested person, which adequately establishes sufficient facts to support a violation, notice a hearing to determine the existence of any alleged violation of any statute, rule, or regulation prohibiting or limiting the discharge of air contaminants into the atmosphere. Each notice shall include the nature of the alleged violation, the time and place of the hearing and shall inform the alleged violator that he has the right to counsel at the proceedings, the right to compel attendance of witnesses on his behalf, the right to cross-examine witnesses, and the right to procure a court reporter to record and/or transcribe the proceedings, all at his own expense. All such petitions shall be set for hearing or dismissed within thirty days of receipt of same. Hearings shall be set no sooner than ten days and no later than sixty days from the date of service of such notice. Whenever the hearing board finds that any person is in violation of any such statute, rule or regulation, the air pollution control board may issue its order of abatement. (Ord. 325 Rule 1.5, 1972)

Article II. Permits

16.04.060 Authority to construct—Permit required.

Any person building, erecting, altering or replacing any article, machine, equipment, or other contrivance, or multi-component system, 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 authorization for such construction from the air pollution control officer. 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. (Ord. 325 Rule 2.1(A), 1972)

16.04.070 Permit to operate—Required—Posting—Alteration prohibited.

A. Before any article, machine, equipment or other contrivance or multi-component system, described in Section 16.04.060 may be operated or used, a written permit shall be obtained from the air pollution control officer. No permit to operate or use shall be granted either by the air pollution control officer or the hearing board for any article, machine, equipment or contrivance described in Section 16.04.060, constructed or installed without authorization as required by Section 16.04.060, until the information required is presented to the air pollution control officer and such article, machine, equipment, or contrivance is altered, if necessary, and made to conform to the standards set forth in Section 16.04.120 and elsewhere in these rules and regulations.

B. Posting of Permit to Operate. A person who has been granted under this section a permit to operate any article, machine, equipment or other contrivance described in subsection A of this section, 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 that the permit to operate cannot be so placed, the permit to operate shall be mounted so as to be clearly visible in an accessible place within twenty-five feet of the article, machine, equipment or other contrivance, or maintained readily available at all times on the operating premises.

C. A person shall not wilfully deface, alter, forge, counterfeit or falsify a permit to operate any article, machine, equipment or other contrivance.

D. A permit to operate shall be obtained by existing industries within ninety days of adoption of these rules and regulations. (Ord. 325 Rule 2.1(B)-(E), 1972)

16.04.080 Exemptions from permit requirements.

An authority to construct or a permit to operate shall not be required for.

A. Vehicles as defined by the Vehicle Code of the state of California, but not including any article, machine, equipment or other contrivance mounted on such vehicle that would otherwise require a permit under the provisions of these rules and regulations;

B. Vehicles used to transport passengers or freight;

C. Equipment utilized exclusively in connection with any structure, which is designed for and used exclusively as a dwelling for not more than four families including incinerators and barbecue equipment not used for commercial purposes;

D. Incinerators used in connection with any structure, which structure is designed for and used exclusively as a dwelling for not more than two families;

E. Outdoor recreational and cooking fires to include barbecues;

F. The following equipment:

1. Piston-type internal combustion engines,

2. Equipment used exclusively for steam cleaning,

3. Equipment used exclusively for space heating, other than boilers,

4. All sheet-fed printing presses and all other printing presses using exclusively inks containing less than ten percent organic solvents, diluents, or thinners,

5. Lint traps used exclusively in conjunction with dry cleaning tumblers,

6. Equipment used in eating establishments for the purpose of preparing food for human consumption,

7. Abrasive blast cabinet-dust filter integral combination unit where the total internal volume of the blast section is fifty cubic feet or less,

8. Batch mixers of five cubic feet rated working capacity or less,

9. Smokehouses in which the maximum horizontal inside cross-sectional area does not exceed twenty square feet,

10. Platen presses used for laminating;

G. The following equipment exclusive of any exhaust system or collector serving such equipment:

1. Ovens, mixers and blenders used in bakeries where the products are edible and intended for human consumption,

2. Laboratory equipment used exclusively for chemical or physical analyses and bench scale laboratory equipment,

3. Confection cookers where the products are edible and intended for human consumption;

4. Photographic process equipment by which an image is reproduced upon material sensitized to radiant energy,

5. Brazing, soldering, or welding equipment,

6. Equipment used for buffing (except automatic or semi-automatic tire buffers) or polishing, carving, cutting, drilling, machining, routing, sanding, sawing, surface grinding or turning of ceramic artwork, ceramic precision parts, leather, metals, plastics, rubber, fiberboard, asbestos, carbon or graphite,

7. Equipment used for carving, cutting, drilling, surface grinding, planing, routing, sanding, sawing, shredding, or turning of wood, or the pressing or storing of sawdust, wood chips or wood shavings,

8. Laundry dryers, extractors or tumblers used for fabrics cleaned only with water solutions of bleach or detergents,

9. Vacuum producing devices used in laboratory operations or in connection with other equipment which is exempted by this section;

H. Steam generators, steam superheaters, water boilers, water heaters, and closed heat-transfer systems that are fired, exclusively with one of the following:

1. Natural gas,

2. Liquefied petroleum gas,

3. A combination of natural gas and liquefied gas;

I. Natural draft hoods, natural draft stacks or natural draft ventilators;

J. Containers, reservoirs, or tanks used exclusively for:

1. Storage of liquefied gases,

2. The storage of fuel oils with a gravity of twenty-five degrees API or lower,

3. The storage of lubricating oils,

4. The storage of fuel oils with a gravity of forty degrees API or lower and having capacity of ten thousand gallons or less,

5. The storage of organic liquids, except gasoline, normally used as solvents, diluents or thinners, inks, colorants, paints, lacquers, enamels, varnishes, liquid resins or other surface coatings, and having a capacity of six thousand gallons or less,

6. The storage of liquid soaps, liquid detergents, vegetable oils, waxes or wax emulsions,

7. The storage of gasoline having a capacity of less than two hundred fifty gallons,

8. The storage of asphalt,

9. Transporting materials on streets or highways;

K. Vacuum cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes;

L. Structural changes which cannot change the quality, nature, or quantity of air contaminant emissions;

M. Repairs or maintenance not involving structural changes to any equipment for which a permit has been granted;

N. Identical replacements in whole or in part of any article, machine, equipment, or other contrivance where a permit to operate had previously been granted for such equipment under Section 16.04.070. (Ord. 325 Rule 2.2, 1972)

16.04.090 Application—Procedure—Form.

Every application for an authority to construct or permit to operate, required under Sections 16.04.060 and 16.04.070 shall be filed in the manner and form prescribed by the air pollution control officer and shall give all the information necessary to enable the air pollution control officer to make the determination required by Section 16.04.120. (Ord. 325 Rule 2.4, 1972)

16.04.100 Application—Further information requirements.

Before acting on an application for authority to construct or permit to operate, the air pollution control officer may require the applicant to furnish further information or further plans or specifications. (Ord. 325 Rule 2.11, 1972)

16.04.110 Application—Action.

The air pollution control officer shall act, within a reasonable time, on an application for authority to construct or permit to operate and shall notify the applicant in writing of his approval, conditional approval, or denial. (Ord. 325 Rule 2.6, 1972)

16.04.120 Standards for granting of permit.

A. The air pollution control officer shall deny an authority to construct or permit to operate except as provided in Section 16.04.130, if the applicant does not show that every article, machine, equipment, other contrivance, or multi-component system, 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, Health and Safety Code, or of these rules and regulations.

B. Before an authority to construct or a permit to operate 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 authority to construct or permit to operate. In the event of such requirements, the air pollution control 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.

C. In acting upon a permit to operate, if the air pollution control officer finds that the article, machine, equipment, or other contrivance has been constructed not in accordance with the authority to construct, he shall deny the permit to operate. 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 contrivance has been reconstructed in accordance with the authority to construct. (Ord. 325 Rule 2.8, 1972)

16.04.130 Conditional approval.

The air pollution 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 Section 16.04.120, 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 air pollution 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 demonstrates that the article, machine, equipment or other contrivance can operate within the standards of Section 16.04.120 under the revised conditions. (Ord. 325 Rule 2.9, 1972)

16.04.140 Sampling and testing facilities.

A person operating or using any article, machine, equipment, or other contrivance for which these rules require a permit, shall provide and maintain such sampling and testing facilities as specified in the authority to construct or permit to operate. (Ord. 325 Rule 2.7, 1972)

16.04.150 Transfers.

An authority to construct or permit to operate shall not be transferable, whether by operation of law or otherwise from one location to another, or from one piece of equipment to another, except on written approval of the air pollution control officer. (Ord. 325 Rule 2.3, 1972)

16.04.160 Denial of application Notice—Further applications.

In the event of denial of an authority to construct or permit to operate, the air pollution control officer shall notify the applicant in writing of the reasons therefor. Service of the notification may be made in person or by mail, and such service may be proved by the written acknowledgment of the persons served or affidavit of the person making the service. The air pollution control officer shall not accept a further application unless the applicant has complied with objections specified by the air pollution control officer as his reasons for denial of the authority to construct or the permit to operate. (Ord. 325 Rule 2.10, 1972)

16.04.170 Cancellation of applications.

A. An authority to construct shall expire and the application shall be cancelled two years from the date of issuance of the authority to construct.

B. An application for permit to operate existing equipment shall be cancelled two years from the date of filing of the application. (Ord. 325 Rule 2.5, 1972)

16.04.180 Appeals.

Within ten days after notice, by the air pollution control officer, of denial or conditional approval of an authority to construct or permit to operate, 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 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. (Ord. 325 Rule 2.12, 1972)

Article III. Fees

16.04.190 Hearing board fees.

Hearing board fees are to be established by resolution of the board of supervisors. (Ord. 325 Rule 3.1, 1972)

16.04.200 Permit fees.

Permit fees are to be established by resolution of the board of supervisors. (Ord. 325 Rule 3.2, 1972)

16.04.210 Fee schedule and filing fees.

A. The schedule of fees is to be adopted by resolution of the board of supervisors.

B. Filing Fee. Every applicant, except any state or local governmental agency or public district, for an authority to construct or a permit to operate any article, machine, equipment, or other contrivance, for which an authority to construct or a permit to operate is required by the rules and regulations of the air pollution control district, shall pay a filing fee established by resolution of the board of supervisors. Where an application is filed for a permit to operate any article, machine, equipment, or other contrivance by reason of transfer from one person to another, and where a permit to operate had previously been granted under Section 16.04.070 and no alteration, addition or transfer of location has been made, the applicant shall pay only the filing fee. (Ord. 325 Rule 3.3(A), 1972)

16.04.220 Permit to operate—Issuance fee.

An applicant for a permit to operate shall pay in addition to the filing fee prescribed herein, the fee for the issuance of a permit to operate in the amount prescribed in the schedules established by Section 16.04.200, provided however, that the filing fee shall be applied to the fee prescribed for the issuance of the permit. (Ord. 325 Rule 3.3(B), 1972)

16.04.230 No refund of filing fee.

If an application for a permit is cancelled, or if a permit is denied and such denial becomes final, the filing fee required herein shall not be refunded nor applied to any subsequent application. (Ord. 325 Rule 3.3(C), 1972)

16.04.240 Alteration of equipment.

Where an application is filed for a permit involving alteration of equipment, including when a change in ownership or location occurs, the applicant shall be assessed a fee based upon any increases for which fees are established in the fee schedules contained herein. Where the application is for transfer of location or ownership and no alteration or addition has been made, the applicant shall pay the filing fee. (Ord. 325 Rule 3.3(D), 1972)

16.04.250 Late payment penalty.

When the permit is issued it shall be accompanied by a statement of the fee to be paid. If the fee is not paid within thirty days after the permit is issued, the fee shall be increased by one-half the amount and the air pollution control officer shall notify the applicant of the increased fee by mail. Nonpayment of the increased fee within sixty days after the permit is issued shall result in the automatic cancellation of the application and the permit shall be void. (Ord. 325 Rule 3.3(E), 1972)

16.04.260 Permit granted by hearing board.

In the event that a permit to operate is granted by the hearing board after denial by the air pollution control officer or after the applicant deems his application denied, the applicant shall pay the fee prescribed in the schedules established by this article, within thirty days after the date of the decision of the hearing board. Nonpayment of the fee within this period of time shall result in automatic cancellation of the permit and application. (Ord. 325 Rule 3.3(F), 1972)

16.04.270 Duplicate permit.

A request for a duplicate permit to operate shall be made in writing to the air pollution control officer within ten days after the destruction, loss or defacement of a permit to operate and shall contain the reason a duplicate permit is being requested. A fee established by the board of supervisors shall be paid for issuing a duplicate permit to operate. (Ord. 325 Rule 3.3(G), 1972)

16.04.280 Analysis fees.

When the air pollution control officer finds that analysis of the emissions from any source is necessary to determine the extent and amount of pollutants being discharged into the atmosphere which cannot be determined by visual observation, he may order that samples be collected and analysis be made by qualified personnel. The time required for collecting samples, making the analysis, and preparing the necessary reports, shall be charged against the owner or operator of said premises as a reasonable sum to be determined by the air pollution control officer. This amount may not exceed the actual cost of such work. (Ord. 325 Rule 3.3(H), 1972)

16.04.290 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 moneys collected shall be turned into the general fund of the district. (Ord. 325 Rule 3.3(I), 1972)

16.04.300 Variance application.

Every applicant or petitioner for a variance or for the extension, revocation or modification of a variance, except any state or local governmental agency or public district, shall pay to the clerk of the hearing board, on filing, a nonrefundable fee as established by the board of supervisors. Such fees shall be determined pursuant to Section 24293. (Ord. 325 Rule 3.3(J), 1972)

Article IV. Discharge Restrictions

16.04.310 Analyses required.

The air pollution control officer, at any time, may require from any person subject to the regulations of the board, such information and/or analyses as will disclose the nature, extent, quantity or degree of air contaminants which are or may be discharged by such source and it is required that such disclosures be certified by a professional engineer registered in the state. Such studies shall be at the expense of the person causing the emission or planning such emission. (Ord. 325 Rule 4.8, 1972)

16.04.320 Visible emissions—Health and Safety Code Section 24242.

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:

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;

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 section. (Ord. 325 Rule 4.1, 1972)

16.04.330 Exceptions to visible emissions provisions—Health and Safety Code Sections 24245, 24245.1 and 24251.

A. Section 24245. The provisions of Section 24242 do not apply to smoke from fires:

1. Set by or permitted by any public officer if such fire is set or permission given in the performance of the official duty of such officer, and such fire in the opinion of such officer is necessary:

a. For the purpose of the prevention of a fire hazard which cannot be abated by any other means,

b. The instruction of public employees in the methods of fighting fires,

c. For the improvement of watershed, range, or pasture;

2. Set pursuant to permit on property used for industrial purposes for the purpose of instruction of employees in methods of fighting fire.

B. Section 24251. The provisions of Section 24242 do not apply to:

1. Agricultural operations in the growing of crops, or raising of fowls or animals,

2. The use of an orchard or citrus grove heater which does not produce unconsumed solid carbonaceous matter at a rate in excess of one gram per minute;

3. The use of other equipment in agricultural operations in growing of crops, or raising of fowls or animals.

C. Section 24245.1. Set pursuant to an open burning permit issued by the air pollution control officer. (Ord. 325 Rule 4.1-1, 1972)

16.04.340 Nuisance—Health and Safety Code Section 24243.

No person shall discharge from any nonvehicular 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 any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property. (Ord. 325 Rule 4.2, 1972)

16.04.350 Exception to nuisance provisions—Health and Safety Code Sections 24251.1 and 29077.4.

Exceptions to Section 24243, Nuisance, include the following:

A. Section 24251.1. The provisions of Section 24243 relating to odors do not apply to odors emanating from agricultural operations in the growing of crops or raising of fowls or animals;

B. Section 29077.4. All exceptions as called out in the visible emissions section. (Ord. 325 Rule 4.2-1, 1972)

16.04.360 Open fires—Health and Safety Code Section 39296.

No person shall, after December 31, 1971, use open fires for the purpose of disposal of petroleum wastes, demolition debris, tires, tar, trees, wood waste, or other combustible or flammable solid or liquid waste, or for metal salvage or burning of automobile bodies. (Ord. 325 Rule 4.3, 1972)

16.04.370 Exceptions to open fires provisions—Health and Safety Code Sections 39297, 39297.2, 39297.3 and 39297.4.

A. Section 39297. Nothing in these rules and regulations shall be construed as limiting the authority granted under other provisions of law:

1. To any public officer to set or permit a fire when such fire is, in his opinion, necessary for any of the following purposes:

a. For the purpose of the prevention of a fire hazard which cannot be abated by any other means,

b. The instruction of public employees in the methods of fighting fire,

c. Set pursuant to permit on property used for industrial purposes for the purpose of instruction of employees in the methods of fighting fires;

2. To set or cause to be set backfires necessary to save life or valuable property pursuant to Section 4426 of the Public Resources Code;

3. To abate fires pursuant to Chapter 2, Part 1, Division 12 (commencing with Section 13025) of the California Health and Safety Code.

B. 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.

C. 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.

D. Section 39297.4. Nothing in these rules and regulations shall be construed to prohibit open burning at county and city solid waste disposal sites if permitted pursuant to Section 39297.4. (Ord. 325 Rule 4.3-1, 1972)

16.04.380 Particulate matter—Single source emission standards.

No person shall discharge from any single source whatsoever particulate matter in excess of 0.3 grain per cubic foot of gas at standard conditions. (Ord. 325 Rule 4.4, 1972)

16.04.390 Particulate matter—Emission standards by weight.

A. A person shall not discharge into the atmosphere from any source, solid particulate matter at a rate in excess of that shown for the process weight rate for the source in Table 16.04.390.

B. Where the process weight rate falls between figures listed in the table, the exact rate of permitted discharge shall be determined by linear interpolation.

C. For the purposes of this rule, solid particulate matter includes any material which would become solid particulate matter if cooled to standard conditions.

Table 16.04.390

MAXIMUM ALLOWABLE EMISSION RATE BASED ON PROCESS WEIGHT RATE


Process Weight Rate (Lb/Hour)	Maximum Allowable Solid Particulate Emission Rate* (Lb/Hour)

50	.24
100	.46
150	.66
200	.85
250	1.03
300	1.20
350	1.35
400	1.50
450	1.63
500	1.77
550	1.89
600	2.01
650	2.12
700	2.24
750	2.34
800	2.43
850	2.53
900	2.62
950	2.72
1000	2.80
1100	2.97
1200	3.12
1300	3.26
1400	3.40
1500	3.54
1600	3.66
1700	3.79
1800	3.91
1900	4.03
2000	4.14
2100	4.24
2200	4.34
2300	4.44
2400	4.55
2500	4.64
2600	4.74
2700	4.84
2800	4.92
2900	5.02
3000	5.10
3100	5.18
3200	5.27
3300	5.36
3400	5.44
3500	5.52
3600	5.61
3700	5.69
3800	5.77
3900	5.85
4000	5.93
4100	6.01
4200	6.08
4300	6.15
4400	6.22
4500	6.30
4600	6.37
4700	6.45
4800	6.52
4900	6.60
5000	6.67
5500	7.03
6000	7.37
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 or more	40.0

* Sum of emissions from all emission points of process.

(Ord. 325 Rule 4.6, 1972)

16.04.400 Specific air contaminants.

No person shall discharge from any single source whatsoever any one or more of the following contaminants in any state or combination thereof, exceeding in concentration at the point of discharge:

A. Sulphur compounds calculated as sulphur dioxide: two thousand parts per million (0.2 percent), by volume;

B. Combustion contaminants: 0.3 grain per cubic foot of gas calculated to twelve percent of carbon dioxide at standard conditions. In measuring the combustion contaminants from incinerators used to dispose of combustible refuse by burning, the carbon dioxide produced by combustion of any liquid or gaseous fuels shall be excluded from the calculation to twelve percent of carbon dioxide. (Ord. 325 Rule 4.5, 1972)

16.04.410 Sulfides.

A person shall not discharge any form of total reduced sulfur (TRS), into the atmosphere from any single emission point at a concentration exceeding sixty parts per million by volume, or in excess of the total daily weight calculated by the formula:


TRS (pounds per day) = 0.013(H5)2

whichever is the more restrictive condition, where H, is the height in feet of the emission point above mean ground elevation. Mean ground elevation shall be computed as the arithmetic average of the highest and lowest ground-level elevations with a one-thousand-yard radius of the emission point. Total reduced sulfur (TRS) means total reduced sulfur contained in hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide or other organic sulfide compounds, all expressed as hydrogen sulfide, sulfide dioxide, sulfur trioxide, or sulfuric acid mist are not to be included in the determination of TRS. (Ord. 325 Rule 4.11, 1972)

16.04.420 Gasoline storage.

The following sections of the State Health and Safety Code, and any future amendments thereto, are part of the rules and regulations by reference: Section 39068.2 et seq., Chapter 3, Article 2, Part 1, Division 26. (Ord. 325 Rule 4.9, 1972)

16.04.430 Orchard and citrus heaters.

The following section of the State Health and Safety Code, and any future amendments thereto, are part of these rules and regulations by reference: Section 39298.7, Article 4, Chapter 10, Part 1, Division 26. (Ord. 325 Rule 4.12, 1972)

16.04.440 Separation and combination of emissions.

A. 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; and the total emitted quantity of any such air contaminant shall be taken as the product of the highest concentration measured in any of the emission points and the exhaust gas volume through all emission points, unless the person responsible for the source operation establishes the correct total emitted quantity.

B. 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 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, this regulation shall apply to each such source operation separately.

C. 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 subsection A of this section, this regulation shall be applied to the combined emission as if it originated in a single source operation subject of the most stringent limitations and requirements placed by this regulation on any of the source operations whose air contaminants are so combined.

D. “Source operation” means the last operation preceding the emission of an air contaminant, which operation

1. Results in the separation of the air contaminant from the process materials or in the conversion of the process materials into air contaminants, as in the case of combustion of fuel; and

2. Is not an air pollution abatement operation. (Ord. 325 Rule 4.10, 1972)

16.04.450 Circumvention of restrictions.

No person shall 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 contaminant to the atmosphere, reduces or conceals an emission which would otherwise constitute a violation. (Ord. 325 Rule 4.7, 1972)

16.04.460 Exception to circumvention provisions.

Violations of Section 16.04.340 are excepted from Section 16.04.450. (Ord. 325 Rule 4.7-1, 1972)

Article V. Procedure Before the Hearing Board

16.04.470 Incorporation of certain Health and Safety Code articles.

The provisions of Articles 5 and 6, Chapter 2, Division 20 of the State Health and Safety Code, as amended, respectively entitled “Variances” and “Procedure,” are incorporated herein by this reference. (Ord. 325 Rule 5.1, 1972)

16.04.480 Applicability of provisions.

The procedure set out in this article shall apply to all hearings before the hearing board of the Air Pollution Control District. (Ord. 325 Rule 5.2, 1972)

16.04.490 Filing petitions.

Request for a hearing shall be initiated by the filing of a petition in triplicate with the clerk of the hearing board who shall be the county clerk acting ex officio, and the payment to said clerk of the fee provided in Section 16.04.190. No fee shall be required for the filing of a petition by a public agency or a public officer acting in scope of his official capacity. (Ord. 325 Rule 5.3, 1972)

16.04.500 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 notice;

B. Whether the petitioner is an individual, copartnership, corporation, or other entity; names and addresses of partners if a copartnership; 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 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 desired a hearing:

1. For a variance under Section 24292, Health and Safety Code;

2. For an alleged violation;

3. Other matter specified in Division 20, Chapter 2, Health and Safety Code.

F. Each petition shall be signed by the petitioner, or some person on his behalf, and where the person is not the petitioner, it shall set forth his authority to sign.

G. All petitions shall be typewritten, double spaced, on letter 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.

H. In the event that the petitioner desires a hearing for an alleged violation pursuant to the provisions of subsection E of this section, said petition shall contain the following statements:

1. Statement required by subsection A of this section;

2. Statement required by subsection B of this section;

3. Statement required by subsection C of this section;

4. Statement required by subsection D of this section;

5. The exact date and hour upon which the alleged violation took place and the duration of the alleged violation, or, alternatively, the exact duration of the time of observation of the alleged violation;

6. The precise location of the alleged violation and the location of the observer or observers of said alleged violation;

7. A statement as to the exact nature of the violation including, but not limited to, a definitive statement of the nature of the contaminant involved in said alleged violation;

8. A statement setting forth the section of this chapter which is alleged to have been violated;

9. A statement of the results of any scientific or technical tests used by the petitioner in support of his claim of alleged violation. The date, time, place and circumstances of the taking of said tests, along with the name or names and addresses of all persons participating in the making of said tests;

10. The name or names of all persons who were witnesses to the alleged act of violation;

11. Statement required by subsection F of this section;

12. The form required by subsection G of this section. (Ord. 325 Rule 5.4, 1972)

16.04.510 Petition for variance—Additional contents.

In addition to the matters required by Section 16.04.500, a petition 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 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;

F. The advantages and disadvantages to the residents of the district resulting from granting a variance. (Ord. 325 Rule 5.5, 1972)

16.04.520 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. (Ord. 325 Rule 5.6, 1972)

16.04.530 Filing answers.

Any interested person may file an answer within ten days after service. (Ord. 325 Rule 5.7, 1972)

16.04.540 Withdrawal of petition.

The petitioner may withdraw 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 withdrawal. (Ord. 325 Rule 5.8, 1972)

16.04.550 Place of hearing.

All hearings shall be held at the time and place designated by the hearing board. (Ord. 325 Rule 5.9, 1972)

16.04.560 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 or variance involved, if any, and to any person entitled to notice under Sections 24275, 24292, or 24299, Health and Safety Code. (Ord. 325 Rule 5.10, 1972)

16.04.570 Rules of evidence and procedure.

A. Oral evidence may be taken on oath or affirmation.

B. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witness on any matter relevant to the issues, and to rebut the evidence against him.

C. The formal rules of evidence or procedure which must be followed in a court proceeding shall not be applicable. 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. 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. (Ord. 325 Rule 5.11, 1972)

16.04.580 Record of proceedings.

A record of all proceedings before the hearing board shall be made. The record shall be a written summary of all the evidence, testimony and proceedings presented at the hearing made by a person designated by the hearing board for that purpose. One copy of such transcript, certified to by the recorder as to its accuracy, shall be forwarded to the air pollution control officer. (Ord. 325 Rule 5.12, 1972)

16.04.590 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. (Ord. 325 Rule 5.13, 1972)

16.04.600 Official notice.

The hearing board may take official notice of any matter which may be judicially noticed by the courts of this state. (Ord. 325 Rule 5.14, 1972)

16.04.610 Continuances.

The chairman or any two members of the board shall grant any continuance of fifteen days or less, concurred in by petitioner, and the air pollution control officer, and may grant any reasonable continuance; in either case, such action may be ex parte, without a meeting of the hearing board and without prior notice. (Ord. 325 Rule 5.15, 1972)

16.04.620 Hearing and decision.

All hearings shall be held by two or more members of the board. The decision shall be in writing served and filed within fifteen 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 and the petitioner. (Ord. 325 Rule 5.16, 1972)

16.04.630 Effective date of decision.

The decision shall become effective fifteen days after delivering or mailing a copy of the decision, as provided in Section 16.04.610, or the hearing board may order that the decision shall become effective sooner. (Ord. 325 Rule 5.17, 1972)

16.04.640 Subpoena issuance conditions.

Whenever the members of the hearing board conducting any hearing deem it necessary to examine any person as a witness at such hearing, the chairman of the hearing board shall issue a subpoena, in proper form, commanding such person to appear before it at a time and place specified to be examined as a witness. The subpoena may require such person to produce all books, papers, and documents in his possession or under his control to such hearing. (Ord. 325 Rule 5.18, 1972)