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Section 42301.7 Of Article 1. Permits From California Health And Safety Code >> Division 26. >> Part 4. >> Chapter 4. >> Article 1.
42301.7
. (a) If the air pollution control officer determines there
is a reasonably foreseeable threat of a release of an air contaminant
from a source within 1,000 feet of the boundary of a school that
would result in a violation of Section 41700 and impact persons at
the school, the officer shall, within 24 hours, notify the
administering agency and the fire department having jurisdiction over
the school.
(b) The administering agency may, in responding to a reasonably foreseeable threat of a release, do any of the following:
(1) Review the facility's risk management and prevention plan prepared pursuant to Section 25534 to determine whether the program should be modified, and, if so, require submission of appropriate modifications. Notwithstanding any other provision of law, the administering agency may order modification and implementation of a revised risk management and prevention plan at the earliest feasible date.
(2) If the facility has not filed a risk management and prevention plan with the administering agency, require the preparation and submission of a plan to the administering agency pursuant to Section 25534. Notwithstanding any other provision of law, the administering agency may require the filing of a risk management and prevention plan and its implementation at the earliest feasible date.
(c) The air pollution control officer may, in responding to a reasonably foreseeable threat of a release, do any of the following:
(1) If necessary, issue an immediate order to prevent the release or mitigate the reasonably foreseeable threat of a release in violation of Section 41700 pending a hearing pursuant to Section 42450 when there is a substantial probability of an injury to persons at a school resulting from a release that makes it reasonably necessary to take immediate action to prevent, reduce, or mitigate that injury. The officer may not issue such an order unless there is written concurrence to issue the order by a representative of the administering agency.
(2) Apply to the district board for issuance of an order for abatement pursuant to Section 42450.
(d) Nothing in this section limits any existing authority of any district.
(b) The administering agency may, in responding to a reasonably foreseeable threat of a release, do any of the following:
(1) Review the facility's risk management and prevention plan prepared pursuant to Section 25534 to determine whether the program should be modified, and, if so, require submission of appropriate modifications. Notwithstanding any other provision of law, the administering agency may order modification and implementation of a revised risk management and prevention plan at the earliest feasible date.
(2) If the facility has not filed a risk management and prevention plan with the administering agency, require the preparation and submission of a plan to the administering agency pursuant to Section 25534. Notwithstanding any other provision of law, the administering agency may require the filing of a risk management and prevention plan and its implementation at the earliest feasible date.
(c) The air pollution control officer may, in responding to a reasonably foreseeable threat of a release, do any of the following:
(1) If necessary, issue an immediate order to prevent the release or mitigate the reasonably foreseeable threat of a release in violation of Section 41700 pending a hearing pursuant to Section 42450 when there is a substantial probability of an injury to persons at a school resulting from a release that makes it reasonably necessary to take immediate action to prevent, reduce, or mitigate that injury. The officer may not issue such an order unless there is written concurrence to issue the order by a representative of the administering agency.
(2) Apply to the district board for issuance of an order for abatement pursuant to Section 42450.
(d) Nothing in this section limits any existing authority of any district.
