pollution control board of the district (§ 24335).

2. Duties and powers

a. The air pollution control board may make, enforce and perform all other acts for the administration of the district (8 24260) necessary or proper to accomplish the purposes of the Act. It may take steps to reduce the amount of air contaminants released in the district if it finds that the air is so polluted as to cause any discomfort or property damage at intervals to a substantial number of persons in the district (§ 24262).

b. Such orders, rules and regulations may be made only after a public hearing of which the required public notice has been given (8 24261).

c.

The board may require by regulation that before any person builds, erects, alters, replaces, operates, sells, rents, or uses any article, machine, equipment or other contrivance specified by such regulation the use of which may cause the issuance of air contaminants, such person must obtain a permit to do so from the air pollution control officer (8 24263) but is to be allowed a reasonable time within which to apply for a permit and to furnish the air pollution control officer required information. The board may by regulation establish standards of performance for any equipment or method specifically designed or intended for use upon any motor vehicle as defined in the Vehicle Code to control the issuance of air contaminants and may prohibit the sale of such equipment until the air pollution control officer has approved it and issued a permit authorizing its sale (8 24263.7). However, no permit is needed for any vehicle as defined in the Vehicle Code (S B 503 -- 1957). Statutory exemptions to such requirements are (1) mobile equipment, (2) dwellings for not more than four families, (3) an incinerator or barbecue equipment used exclusively in connection with such dwelling, (4) repairs or maintenance not involving structural changes to any equipment for which a permit has been granted, (5) use of equipment in agricultural operations in the growing of crops or raising of fowls or animals, (6) use of an orchard or citrus grove heater which does not produce unconsumed solid carbonaceous matter at a rate in excess of one gram per minute except that the air pollution control board of any county, any part of which lies south of the Sixth Standard Parallel South, Mount Diablo Base and Meridian may at its discretion require operators of grove heaters to obtain permits. In no event may such operator be denied a permit if such heaters produce unconsumed solid carbonaceous matter at the rate of one gram per minute, or less (8 24265).

d. The air pollution control board may contract with the county or any city within the district and the county and any such city may contract with the air pollution control district for assistance in regulation of installations which may issue air contaminants (8 24266).

e. The air pollution control board appoints an air pollution control officer (§ 24222) and may provide for him to employ assistance (824223). His duties are to enforce the provisions of the statute, orders, regulations and rules of the air pollution control board, all variance and standards prescribed by the hearing board (§ 24224) and all provisions of the Vehicle Code regarding control of air contaminants. In counties having a civil service system the air pollution control officer and all of his assistants are to be appointed pursuant to civil service provisions (8 24228). In the enforcement pursuant to (8 24224) the air pollution control officer is a peace officer (8 24231). He may enter buildings to enforce pertinent provisions of the Vehicle Code as well as this Act (8 24246). He is immune from criminal prosecution for acts done in the performance of official duty (8 24254).

f. The air pollution control board appoints a three-member hearing board. No member may be otherwise employed by the air pollution control district or by the county. Two must have been admitted to practice law in California and one must be a chemical or mechanical engineer (8 24225). The members serve staggered terms of three years each after the termination of the original term (8 24226).

E. FINANCING

1. The board of supervisors of a county in which an air pol-
lution control district has been activated may appropriate
funds to such district to be deposited in the treasury of
the district (§ 24209) and the board of supervisors of each
zone in a unified district is to appropriate necessary funds
as determined by the air pollution control board (§ 24337)
to be deposited into the district treasury (8 24339).

2. Fees

a. The air pollution control board may provide a schedule of fees for the cost of issuing permits and inspection (8 24267). The fees may be paid to a city or officer or agency thereof when a contract for assistance has been made or into the district treasury (8 24268).

b. The air pollution control board may provide a schedule of fees for the cost of handling variance orders (8 24293). Such fees are to be paid into the district treasury (8 24294).

III. PROHIBITED EMISSION: OPERATIONS EXEMPTED

A. PROHIBITED EMISSIONS (ARTICLE 3)

B.

1. A person shall not discharge into the atmosphere from any
single source of emission any air contaminant for periods
aggregating more than three minutes in any one hour which is
(a) as dark or darker in shade than Ringelmann No. 2, or
(b) of such opacity as to obscure an observer's view to
a degree equal to or greater than does smoke as dark
as Ringelmann No. 2 (8 24242).

2. A person shall not discharge from any sourch such quantities
of air contaminants or other material which cause injury,
detriment, nuisance or annoyance to any considerable number
of persons or to the public or which endanger the comfort,
repose, health or safety of any such persons or the public
or which cause or tend to cause injury or damage to busi-
ness or property (8 24243).

EXEMPTIONS

1. Exempted from the prohibitions are smoke from necessary fires set by or permitted by any public officer in the performance of his official duty to abate weeds, to prevent a fire hazard, or to instruct public employees in the methods of fire fighting (§ 24245).

2. The prohibitions of (8 24242) do not apply to:

a.

b.

C.

Agricultural operations in the growing of crops or
raising of fowls or animals;

The use of an orchard or citrus grove heater which does not produce unconsumed solid carbonaceous matter at a rate in excess of one gram per minute;

The use of other equipment in agricultural operations in the growing of crops, or raising of fowls or animals (8 24251); or

d. Smoke from open burning for which a permit has been issued by the air pollution control officer in accordance with a rule of the district board (sec. 24245.1).

IV. PROCEDURES

A. COMPOSITION AND ORGANIZATION OF HEARING BOARD

1. The hearing board of an air pollution control district consists of three members appointed by anair pollution control board (8 24225). The hearing board selects a chairman from its members (8 24311).

2. The board may hold a hearing en banc or may designate two
or more of their number to hold a hearing (8 24312).

3.

If two or three members conduct a hearing the concurrence of two is necessary for a decision (8 24313).

4. The chairman of the board may issue subpoenas requiring a
witness to appear to testify and to produce books, papers
and documents (8 24315).

5. The board may administer oaths (8 24320) and require witnesses to be sworn (8 24321).

B. PERMITS - SUSPENSION AND REVOCATION OF PERMITS

1. An air pollution control officer may suspend a permit if the
permittee does not furnish him with requested information and
must serve on the permittee notice in writing of and the
reasons for such suspension (8 24270). When the information
is furnished the permit is to be reinstated (8 24272). The
air pollution control officer may reinstate the permit when
"good reasons" exist (8 24273).

2. Within 10 days after receipt of notice of suspension a permittee may file with the hearing board a demand for a public hearing (8 24271).

3. An air pollution control officer may request a public hearing regarding reinstatement of a permit which has been revoked or suspended (8 24274).

4. Within 30 days after a request for a public hearing the hearing board must give not less than 10 days notice of the time and

place of such hearing to the permittee, to the air pollution control officer and to such other persons as the board deems should be notified (§ 24275).

5. After a public hearing, the hearing board may

a. Continue the suspension of a permit,

b.

C.

d.

Find that no violation exists and reinstate an existing permit,

Remove the suspension pending furnishing by the permittee of the information required,

Or revoke an existing permit if it finds

(1) The permittee has failed to correct any conditions required by the air pollution control officer,

(2) A refusal of a permit would be justified,

(3) Fraud or deceit was employed in the obtaining of the permit, or

(4) Any violation of the air pollution control statute or of any rule or regulation of the air pollution control board (§ 24276).

C. VARIANCES

1.

2.

The hearing board may permit variances (88 24291, 24292, 24296). At least 10 days' notice of the time and place of a hearing to grant a variance must be given to the air pollution control officer and to the applicant (8 24295).

The hearing board in making any order permitting a variance
may specify a time not to exceed one year during which the
order will be effective. It may be continued from year to
year on the approval of the air pollution control officer
(8 24301).

3. The hearing board may revoke or modify by written order,
after a public hearing held upon not less than 10 days'
notice, any order permitting a variance (8 24298).

4. A variance granted under a local ordinance prior to activation