§ 2467.6. Variances.
13 CA ADC § 2467.6Barclays Official California Code of Regulations
13 CCR § 2467.6
§ 2467.6. Variances.
(b) Upon receiving a complete variance application containing the information required in subsection (a), the Executive Officer shall hold a public hearing to determine whether, under what conditions, and to what extent, a variance from the requirements in section 2467.2 is necessary and will be permitted. A hearing will be initiated no later than 75 days after receipt of a complete variance application. Notice of the time and place of the hearing must be sent to the applicant by certified mail not less than 30 days before to the hearing. Notice of the hearing must also be submitted for publication in the California Regulatory Notice Register and sent to every person who requests such a notice, not less than 30 days before the hearing. The notice must state that the parties may, but do not need to be, represented by counsel at the hearing. At least 30 days before the hearing, the variance application must be made available to the public for inspection. Interested members of the public must be allowed a reasonable opportunity to testify at the hearing and their testimony must be considered.
(d) Any variance order shall specify a final compliance date by which the requirements of section 2467.2 will be achieved. Any variance order shall contain a condition that specifies increments of progress necessary to assure timely compliance, and such other conditions that the Executive Officer, in consideration of the testimony received at the hearing, finds it necessary to carry out the purposes of Division 26 of the Health and Safety Code.
Credits
Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43017 and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975).
History
1. New section filed 9-11-2000; operative 10-11-2000 (Register 2000, No. 37).
2. Change without regulatory effect renumbering newly adopted section 2476 to new section 2467.6 and amending section filed 9-14-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 37).
3. Amendment of subsection (b) filed 9-11-2006; operative 10-11-2006 (Register 2006, No. 37).
4. Amendment of subsections (a)-(b), (c)(1), (d) and (f) filed 2-2-2017; operative 4-1-2017 (Register 2017, No. 5).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 13, § 2467.6, 13 CA ADC § 2467.6
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