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Yolo-Solano Air Quality Management District
1947 Galileo Ct., Suite 103
Davis, CA 95618
(530) 757-3650 or
(800) 287-3650
FAX (530) 757-3670
Ag Burn Line
(800) 246-3660 or
(530) 757-3660
The Yolo-Solano Air Quality Management District is dedicated to
protecting human health and property from the harmful effects of air pollution.
webmaster@ysaqmd.org
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A variance application may be filed by a private industrial, commercial, agricultural business, or a public or quasi-public agency which is subject to the rules and regulations of the District and is seeking temporary relief from the requirements of those rules. To file an application, the petitioner must submit an application form and a $1,117 fee. A variance cannot be granted: 1) if a public nuisance will result; 2) from a requirement that a permit be obtained to build, alter, or replace a source of air contaminants. The goal of the variance applicant is to obtain permission from the hearing board to operate despite being in violation of district regulation, while steps are taken to bring the source into compliance with the regulation. The burden of proof is on the applicant to show by the presentation of argument and evidence that eight criteria are met.
- The applicant must show that the source is or will be in violation of Section 41701 or of any rule, regulation, or order of the district.
- The applicant must demonstrate that, due to conditions beyond its reasonable control, requiring compliance would result in either an arbitrary or unreasonable taking of property or the practical closing or elimination of a lawful business.
- The applicant must demonstrate that the harm to the applicant's business, which would be caused by compliance, would be without a corresponding benefit in reducing air contaminants.
- The applicant has given consideration to curtailing operations in lieu of obtaining a variance.
During the period the variance is in effect:
- The applicant will reduce excess emissions to the maximum extent feasible.
- The applicant will monitor or otherwise quantify emission levels and report these levels if so requested by the District.
- No variance will be granted if the operation, under the variance, will result in a violation of Section 41700 (nuisance).
- The state board may revoke or modify any variance granted by any district if, in its judgement, the variance does not require compliance with a required schedule of increments of progress or emission standards as expeditiously as practicable, or the variance does not meet the requirements of this article.
If all the criteria are met, the hearing board may grant the variance. However, the hearing board may impose alternative (but not more onerous) requirements for the period until compliance with the rule is achieved. Once a variance order is issued, it becomes legally binding on the source. Violation of the terms of the variance subjects the source to the District's enforcement authority and to the penalty provision in the Health and Safety Code.
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