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Requests for Emergency Variance Relief

Resolution No. 91-1 of the SCAQMD Hearing Board set forth the procedure for processing of requests for Emergency Variances

A Resolution of the South Coast Air Quality Management District Hearing Board establishing a procedure for processing petitions requesting emergency variance relief pursuant to California Health and Safety Code Section 42359.5(a) without notice or hearing.

WHEREAS, it is the policy of the Board, before ruling on a petition for an emergency variance to issue without notice or hearing to provide the South Coast Air Quality Management District with a reasonable opportunity to respond to the petition in writing; and

WHEREAS, the Board believes that the South Coast Air Quality Management District's response to such a petition should be provided to the petitioner.

NOW THEREFORE, BE IT RESOLVED that the Hearing Board hereby adopts the following procedures regarding requests for emergency variances to be issued without notice and hearing:

a) Upon filing of a petition for an emergency variance to issue without notice and hearing, the petitioner shall inform the Clerk of the Hearing Board if petitioner wishes to be served with any response by the South Coast Air Quality Management District by either telecopier or mail. The petitioner may also arrange with the Clerk of the Hearing Board to pick up a copy of the District's response from the Clerk during regular business hours.

b) Upon receipt of such a petition for an emergency variance, the Clerk of the Hearing Board shall promptly notify the South Coast Air Quality Management District of the petition.

c) The District shall promptly respond in writing to the Clerk, stating the District's position on the petition. The District shall state in its response whether the applicant has been informed of the District's position, and if so, whether the applicant concurs in or objects to the District's position. If the response of the District is not received promptly, the Hearing Board member who is ruling on this petition shall proceed to act upon the petition without a response from the District.

d) The Clerk of the Hearing Board shall serve a copy of the District's response on the petitioner by telecopier or mail, as previously requested by the petitioner. The Clerk shall also make a copy of the District's response available to the petitioner should the applicant wish to pick up the response directly from the Clerk's office.

BE IT FURTHER RESOLVED that the procedures set forth herein shall be effective April 22, 1991.

AYES: Banks, Brown, Joyce, Lewin, and Abramowitz
NOES: None

DATED:_____________________________ Signature on file
Jackie Dix, Clerk of the Board

(Hearing Board Resolutions: 91-1:3/19/91) 

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