Variances

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Variances and the Hearing Board

The MDAQMD's Hearing Board is a five member quasi-judicial body whose purpose is to decide on matters of conflict between the District and industry and to act at the time of an air pollution emergency resulting from an upset or breakdown. The Hearing Board is an independent body, appointed at-large by the Air Pollution Control Board and consist of an attorney practicing of law in California, a registered professional engineer, a member of the medical profession, and two public members.

The Hearing Board issues variances from Air District rules and regulations or Health and Safety Code Section 41701; issues abatement orders requiring a source to cease and desist from a particular act unless specified conditions are met and; resolves permit disputes. A petition for hearing is required to be filed with the MDAQMD Clerk of the Board in order to obtain a hearing.

Hearing Board

You might want to think of the function of the Hearing Board in this way:

  • The District's Board adopts rules and regulations (legislative function).

  • The Hearing Board applies rules and criteria to specific persons and situations (judicial function).

  • The Air Pollution Control Officer implements and enforces rules, regulations, permits and orders (executive function).

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 To find out more on the District's Hearing Board procedures go to the Regulation V  - Procedures Before the Hearing Board in the MDAQMD's Rules and Regulations.