* N O T I C E *
All variance and appeal petitions submitted to
the Clerk of the Board for filing must be on the appropriate Hearing
Board-approved form. Variance and appeal petitions not filed on the
appropriate form will not be accepted for filing by the Clerk of the Board. The
Board-approved petition forms can be downloaded from the AQMD website.
The petition forms can also be obtained by
contacting the Clerk of the Board at (909) 396-2500. TTY available at
(909) 396-3560.
The Hearing Board is a quasi-judicial panel authorized to provide relief from
AQMD regulations under certain circumstances. As state law requires,
Hearing
Board members are appointed by, but act independently of, the AQMD Governing
Board.
Click
here to find out more about
viewing a webcast about "What Happens at a Variance Hearing?"
What is the Hearing Board authorized to do?
- The Hearing Board is authorized to hear:
- petitions by companies for variances;
- petitions for abatement orders;
(An abatement order requires a company operating out of compliance to take
specific actions or to shut down its operation. This is a severe remedy
normally reserved for serious violators.)
- appeals by companies from the granting of permits, permit conditions,
permit denials and suspensions, denials of emission reduction credits and
denials of pollution control plans;
- appeals by third parties.
After hearing all sides of a case in which individuals or companies come into
conflict with AQMD rules and regulations, the Hearing Board weighs the evidence
and reaches a decision.
What is the Hearing Board NOT authorized to do?
-
It is important to note that the Hearing Board is not authorized to:
- modify rules;
- exempt a business from complying with a rule;
- grant a variance from a violation of the public nuisance law, such as one
that creates an odor problem or threatens public health or property; or
- review a violation notice in any way.
Does the Hearing Board provide accommodations for persons with
disabilities?
- The Hearing Board’s meeting agendas and related documents are available in
alternative formats to assist persons with disabilities. Further,
disability-related accommodations, including auxiliary aids or services, are
available to individuals
who want to attend or participate in a hearing. If
anyone requires disability-related accommodations, including auxiliary aids or
services, in order to participate in
the hearing, contact the Clerk of the
Board at least five (5) calendar days prior
to the hearing at (909) 396-2500 (for TTY, 909-396-3560) or by e-mail at clerkofboard@aqmd.gov.
Does the Hearing Board provide language interpreters for its hearings?
- The Hearing Board will provide a language interpreter if a party requires
a language interpreter in order to participate in the hearing. To request a
language interpreter, contact the Clerk of the Board at least five (5)
calendar days prior to the hearing at (909) 396-2500 or by e-mail at
clerkofboard@aqmd.gov.
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