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How can you get help? Return
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For more information about how to request a variance and/or for assistance
completing the petition, call AQMD's Clerk of the Board's Office at (909)
396-2500, or the Small Business Assistance Office at (800) 388-2121, 7:30 a.m.
to 5:30 p.m., Tuesday through Friday.
TTY available at (909) 396-3560.
If you need help understanding the technical aspects of the rule you
violated, call the Hearing Board Liaison at (909) 396-2000.
If you have questions about the variance process, call the AQMD District's
Prosecutor's Office and ask to speak with the Duty Deputy at (909) 396-3400.
You can pick up a variance or appeal petition packet at AQMD Diamond Bar
Headquarters or South Bay Office; or via the Internet (Instructions).
You may also call (909) 396-2500 or write to the AQMD Clerk of the Board, 21865 Copley Drive, Diamond Bar, CA
91765-4178.
Instructions for Filing Return
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- Petition Forms: (Formatted in MS Word 6.0-Download, Print, and Fill out if
needed)
Variance
Modification
of Variance
Modification of Order for
Abatement
Product
Variance
Appeal
Supplement to Petition for Variance
Alternative Operating Conditions (AOC)
General Steps in Applying for an
Alternative Operating Condition (AOC)
Rule 518.2 Federal Alternative Operating
Conditions
Continuances : (1) The moving party shall notify, in writing,
the other party or parties and the Clerk of the Hearing Board at least four
working days before the hearing of his or her intent to seek a continuance. (2)
The moving party's first request for a continuance of 15 days or less, concurred
in by all parties to the action, shall be granted. (3) Any subsequent requests,
requests for a continuance of more than 15 days, and/or requests received with
less than four working days notice shall only be granted by the Chairman or
designated member of the Hearing Board if the request is reasonable and good
cause shown for the delay in providing notice
Excess Emissions: Emissions in excess of those allowed by the rules
shall be calculated for each day of operation during the variance period on a
pounds per day basis, or opacity percentage (Excess
Emission Fee forms). If you need assistance with the calculation of excess
emissions, contact the Hearing Board Liaison at (909) 396-2000. Excess emission
fees are payable within 15 days of the granting of a variance. Failure to do so
may result in the invalidation of the variance (Rule 303 (current
fees)).
Exhibits: If you plan to submit exhibits or other written documents
during your hearing, you must provide 8 copies of any documents to the Clerk of
the Board at the time of the hearing.
Findings and Decision: Before a variance can be granted, sufficient
information must be provided by the petitioner to enable the Hearing Board to
make all the findings in Section 42352 of the California Health and Safety Code
(Rule 515).
Small Business: Small businesses are eligible for a discount on the
filing and emission fees. To qualify as a small business, the "Declaration
Re Small Business", printed on the last page of the petition, must be
completed and signed under penalty of perjury. The filing fee for small
businesses is set forth in Rule 303 (current
fees).
Also see Findings and Decisions (Rule
515).
Waiver of Time: A hearing on an appeal of a decision of the Executive
Officer must be held within 30 days of the filing of the petition. If you need
more than 30 days to prepare for your hearing, you must file a "Waiver
of Time Form" with your petition.
Withdrawal: A case may be taken off calendar at the request of the
petitioner.(Rule 508)
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