BOARD MEETING DATE: May 19, 2000 AGENDA NO. 40
Amend Rule 216 – Appeals
SYNOPSIS:
The proposed amendment would (1) allow thirty (30) days for a permit applicant to appeal to the Hearing Board upon receipt of notification of the denial of a permit; (2) allow thirty (30) days for a person to appeal to the Hearing Board following any decision or action pertaining to the issuance of a permit. These amendments result from recent changes in California Health & Safety Code Section 42302 and Section 42302.1.
COMMITTEE:
Stationary Source, March 24, 2000, Reviewed
RECOMMENDED ACTION:
Adopt the attached resolution:
Barry R. Wallerstein, D.Env.
Executive Officer
Background
Rule 216 is an administrative rule that was adopted in January of 1976 as a result of requirements set forth in the California Health and Safety Code. The rule establishes requirements for persons intending to appeal the denial of a permit or any decision or action pertaining to the issuance of a permit. The appeal is filed with the Hearing Board. Rule 216 specifies persons who may appeal, the time frame in which the appeal must be made, the form and contents of the appeal, and the responsibilities and actions required of the Hearing Board. This Board letter serves as the staff report for the proposed rule amendment.
Appeals pertaining to the denial of a permit must be filed by the permit applicant. Currently, the appeal is required to be made in writing within ten days after receipt of notification from the Executive Officer of the denial. The Hearing Board must commence a public hearing within thirty days of receiving the appeal and shall determine whether or not the permit was properly denied.
Appeals regarding any decision or action pertaining to the issuance of a permit can be filed by any aggrieved person who submitted written comments or otherwise participated in the review of the permit by the Executive Officer. Currently, the appeal must be made within ten days of the permit’s issuance. The appeal must be submitted in writing in a form approved by the Hearing Board and must include a statement of the District rules or provisions of state law with which the subject equipment would not comply. The Hearing Board must schedule a public hearing within thirty days of the filing of the appeal and shall render a decision on whether the permit was properly issued.
Recent changes in the California Health and Safety Code (Sections 42302 & 42302.1) have increased from ten days to thirty days the time frame in which appeals can be made. This amendment will reflect these changes and all appeals, whether regarding the denial of a permit or actions or decisions pertaining to the issuance of a permit, shall be filed within thirty days of the applicable notification. All other rule requirements will remain unchanged.
Proposal
Effective upon adoption of this amendment, Rule 216 will be revised to allow a permit applicant thirty (30) days to appeal the denial of a permit. Additionally, any aggrieved person will be allowed thirty (30) days to appeal any decision or action pertaining to the issuance of a permit. The current rule language allows ten (10) days for such actions to be taken.
The increased time frame from ten (10) to thirty (30) days results from recent changes in California Health & Safety Code Sections 42302 and 42302.1.
AQMP and Legal Mandates
This amendment does not result from any AQMP requirements nor does it result in any increases in emissions or degradation of air quality. The amendments are consistent with current state law, specifically California Health & Safety Code Sections 42302 and 42302.1.
Policy Issues
There are no policy issues identified with this proposed amendment.
CEQA & Socioeconomic Analysis
Since the AQMD has no discretionary authority relative to California Health & Safety Code 42302 and 42302.1, the proposed project is considered a ministerial project as defined in CEQA Guidelines Section 15369. Ministerial projects are exempt from the requirements of CEQA pursuant to state CEQA Guidelines Section 15268(a). In addition, since it can be seen with certainty that the project has no potential to adversely impact air quality or any other environmental area, the project is exempt from CEQA pursuant to state CEQA Guidelines 15061(b)(3). Upon approval of the proposed project, a Notice of Exemption will be prepared pursuant to state CEQA Guidelines Section 15062.
This amendment is solely administrative and no additional costs are incurred by parties affected by this amendment. As a result, there are no adverse socioeconomic impacts and no analysis is required.
Implementation Plan
The rule amendments are administrative and no implementation plan is necessary.
Resource Impacts
Implementation of the proposed amendment will have no impacts on staff or fiscal resources.
A. Summary of Proposed Amendments to Rule 216 – Appeals
B. Resolution
C. Rule Language
D. Notice of Exemption
/ / /