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Section 42350 Of Article 2. Variances From California Health And Safety Code >> Division 26. >> Part 4. >> Chapter 4. >> Article 2.
42350
. (a) Any person may apply to the hearing board for a variance
from Section 41701 or from the rules and regulations of the
district.
(b) (1) If the district board has established a permit system by regulation pursuant to Section 42300, a variance, or an abatement order which has the effect of a variance, may not be granted from the requirement for a permit to build, erect, alter, or replace.
(2) Title V sources shall not be granted a variance, or an abatement order which has the effect of a variance, from the requirement for a permit to operate or use.
(3) In districts with emission-capped trading programs, no variance shall be granted from the emission cap requirement.
(b) (1) If the district board has established a permit system by regulation pursuant to Section 42300, a variance, or an abatement order which has the effect of a variance, may not be granted from the requirement for a permit to build, erect, alter, or replace.
(2) Title V sources shall not be granted a variance, or an abatement order which has the effect of a variance, from the requirement for a permit to operate or use.
(3) In districts with emission-capped trading programs, no variance shall be granted from the emission cap requirement.
