Trinity County Municipal Code Ch. 8.12 Air Pollution Control District Procedure

This chapter shall apply to all hearings before the hearing board of the air pollution control district.

(Ord. 331 Reg. V. Rule 50, 1972)

After a public hearing, the hearing board may:

A. Continue the suspension of a permit suspended by the air pollution control officer;

B. Remove the suspension of an existing permit invoked by the air pollution control officer pending the furnishing by the permittee of the information, analyses, plans and specifications required; or

C. Find that no violation exists and reinstate an existing permit; or

D. Revoke any existing permit, if it finds:

1. The permittee has failed to correct any conditions required by the air pollution control officer, or

2. A refusal of a permit would be justified, or

3. Fraud or deceit was employed in obtaining of the permit, or

4. Any violation of this chapter, Chapter 3.5 (commencing with Section 39077) of Part 1 of Division 26, or of any rule or regulation of the air pollution control board. (Section 24276)

(Ord. 331 Reg. V. Rule 51, 1972)

Requests for hearing shall be initiated as specified in the Health and Safety Code by the filing of a petition with the clerk of the hearing board at the Trinity County Air Pollution Control District, Courthouse, Weaverville, California, and the payment of the fee provided for in Rule 31 of the Rules and Regulations of the Trinity County Air Pollution Control District, after service of a copy of the petition has been made on the air pollution control officer at the Trinity County Health Department, Weaverville, California 96093, and one copy on the holder of the permit or variance, if any, involved. Service may be made in person or by mail and service may be proved by written acknowledgement of the person served or by the affidavit of the person making the service.

(Ord. 331 Reg. V. Rule 52, 1972)

Every petition shall state:

A. The name, address and telephone number of the petitioner or other person authorized to receive service of notices;

B. Whether the petitioner is an individual, copartnership, corporation or other entity, and names and addresses of the partners if a copartnership, names and address of the officers, if a corporation, and the 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. The section or rule under which the petition is filed, that is, whether petitioner desires a hearing:

1. To determine whether a permit shall be revoked or suspended permit reinstated under Section 24274, Health and Safety Code of the state,

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

3. To revoke or modify a variance under Section 24298, Health and Safety Code,

4. To review the denial or conditional granting of an authority to construct, permit to operate or permit to sell or rent under Rules 21 and 22 of the Rules and Regulations of the Trinity County Air Pollution Control District;

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

G. Petitions for revocation of permits shall allege in addition, the rule under which the permit was granted, the rule or section 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 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 the information is believed by petitioner to be pertinent, and if so, when it will be furnished;

I. All petitions shall be typewritten, double-spaced, on legal or letter sized 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.

(Ord. 331 Reg. V. Rule 53, 1972)

A petition to review a denial or conditional approval of an authority to construct, permit to operate or permit to sell or rent shall, in addition to the matters required by Section 8.12.040, set forth a summary of the application or a copy thereof and the alleged reasons for the denial or conditional approval and the reasons for appeal.

(Ord. 331 Reg. V. Rule 54, 1972)

In addition to the matters required by Section 8.12.040, petitions for variances 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 petitioner from the 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 requiring compliance or resulting from granting a variance;

G. Whether or not operations under such a variance, if granted, would constitute a nuisance;

H. Whether or not any case involving the same identical equipment or process is pending in any court, civil or criminal;

I. Whether or not the subject equipment or process is covered by a permit to operate issued by the air pollution control officer.

(Ord. 331 Reg. V. Rule 55, 1972)

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 writing. Such direction need not be made at a meeting of the hearing board. The chairman or any two members of the board, without a meeting, may require the petitioner to state further facts or reframe a petition so as to disclose clearly the issues involved.

(Ord. 331 Reg. V. Rule 56, 1972)

Any person may file an answer within ten days after service. All answers shall be served in the manner prescribed for service of petitions under Section 8.12.030.

(Ord. 331 Reg. V. Rule 57, 1972)

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.

(Ord. 331 Reg. V. Rule 58, 1972)

All hearings shall be held at the county supervisors' chambers, Trinity County Courthouse, Weaverville, California, unless some other place is designated by the hearing board.

(Ord. 331 Reg. V. Rule 59, 1972)

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, 24295, 24299, 24365.8-a and 24365.8-b of the Health and Safety Code.

(Ord. 331 Reg. V. Rule 60, 1972)

A. Oral evidence shall be taken only on oath or 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 persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objections in civil action. 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. 331 Reg. V. Rule 61, 1972)

Applications for 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 granted by the chairman or any two members of the hearing board ex parte. Written notice of any action taken under this rule shall be given to all parties by the party requesting the action.

(Ord. 331 Reg. V. Rule 62, 1972)

The hearing board may take official notice of any matter which may be judicially noticed by the courts of the state.

(Ord. 331 Reg. V. Rule 63, 1972)

The chairman or any two members of the hearing board shall grant any continuance of fifteen days or less, concurred in by the 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. Written notice of any action taken under this section shall be given to all parties by the party requesting the action.

(Ord. 331 Reg. V. Rule 64, 1972)

The decision shall be in writing, served and filed within thirty 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 to 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 an answer or who has appeared as a party in person or by counsel at the hearing.

(Ord. 331 Reg. V. Rule 65, 1972)

The decision shall become effective fifteen days after delivering or mailing a copy of the decision, as provided in Section 8.12.160, or the hearing board may order that the decision shall become effective sooner.

(Ord. 331 Reg. V. Rule 66, 1972)

A. 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 under the following conditions:

1. An appeal from a denial of a permit to operate and a petition for a variance may be filed with the hearing board in a single petition.

2. The air pollution control officer may petition the hearing board to grant a variance or extension of initial compliance for any individual operation or group of operations.

B. A variance granted the hearing board after a denial of a permit to operation by the air pollution control officer may include a permit to operate for the duration of the variance.

(Ord. 331 Reg. V. Rule 67, 1972)

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. 331 Reg. V. Rule 68, 1972)