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HomeHealth and Safety CodeDiv. 26Pt. 3Ch. 8Art. 2§ 40825 Temporary Variance Hearing Notice

§ 40825 Temporary Variance Hearing Notice

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 40825 Temporary Variance Hearing Notice

Key Takeaways

  • •If someone wants a short-term break from air pollution rules (less than 90 days), there must be a hearing.
  • •The hearing board must tell the air pollution officer, other nearby areas, the state, the EPA, and the person asking for the break at least 10 days before the hearing.
  • •In small areas (with fewer than 750,000 people), one member of the hearing board can make the decision. But if someone disagrees, the whole board must review it within 10 days.

Example

A factory wants to work extra hours for 2 months to finish a big order but knows it will create more smoke than allowed.

The factory must ask for a short break from the rules, and the hearing board will hold a meeting. They have to tell the air pollution officer, nearby areas, the state, the EPA, and the factory at least 10 days before the meeting. If the area is small, one person from the board can decide, but if someone complains, the whole board must look at it again within 10 days.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 40825 Temporary Variance Hearing Notice

In case of a hearing to consider an application for a variance, or a series of variances, to be in effect for a period of not more than 90 days, or an application for modification of a schedule of increments of progress: (a)  The hearing board shall serve a notice of the time and place of a hearing to grant such a variance or modification upon the air pollution control officer, all other districts within the air basin, the state board, the Environmental Protection Agency, and upon the applicant or permittee, not less than 10 days prior to such hearing. (b)  Subdivision (b) of Section 40823 shall not apply. (c)  In districts with a population of less than 750,000, the chairman of the hearing board, or any other member of the hearing board designated by the board, may hear such an application. If any member of the public contests a decision made by a single member of the hearing board, the application shall be reheard by the full hearing board within 10 days of the decision. (Amended by Stats. 1987, Ch. 362, Sec. 2.)

Last verified: January 24, 2026

Key Terms

pollutionapplicationenvironmentalhearingvariancemodificationprotectionpopulation

Related Statutes

  • § 42351.5 Interim Variance Authorization
  • § 40828 Public Testimony At Hearings
  • § 42301.12 Title V Permit Requirements
  • § 42350 Variance Application Rules
  • § 42351 Interim Variance Applications

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 40825.
View Official Source