Once you realize you may need to apply for a variance or appeal a permit, submit the petition forms with fees as soon as possible to the Hearing Board Clerk via email or in person at 10124 Old Grove Road, San Diego, CA 92131. Information provided in the petition should be clear, comprehensive, and concise.
Meetings resemble informal courtroom proceedings. The Hearing Board listens to presentations by the District and by the applicant. District staff may argue for or against the granting of a petition or suggest certain conditions. Witnesses, who are placed under oath, may be questioned by the opposing side and by Hearing Board members. The public may also present information.
After receiving testimony in a public meeting, the Hearing Board evaluates how the evidence applies to the required findings, deliberates in public, and reaches a decision on the petition.
The Air Pollution Control District Governing Board (APCD), appoints the five members of the the Hearing Board to hears requests from industry, the District, and the public to:
Use the District’s answer (for variances/permit appeals) or petition (for abatement orders/permit revocations) as a guide to focus your remarks. You may choose to have an attorney or technical expert represent your facility at the meeting, although it is not required.
If there are documents that you wish to present to the Hearing Board that you have not filed with the Clerk by the filing deadline, please notify the Clerk immediately. At the hearing, the Board will need to vote to accept new written material.
If you are not prepared for a scheduled meeting, you may request a continuance (Rule 23). If you wish to withdraw your petition (Hearing Board Rule 24), notify the Clerk at APCDPublicComment@sdapcd.org as soon as possible.
Members of the public may speak to the Board (Rule 9.5) on any matter within the Hearing Board’s jurisdiction. Please provide the Clerk a speaker slip before the meeting begins. If the matter relates to an agenda item, comments are taken during that time; contact the Clerk before the meeting to review documents submitted for an agenda item. If the matter is not listed on the agenda the Hearing Board gives those present the opportunity to speak during the Public Communication portion of the meeting.
Agendas and records are available in alternative formats upon request. Contact the Clerk at (858) 245-8249. Individuals requiring sign language interpreters should contact the Americans with Disabilities Coordinator at (858) 505-6521, in advance of the meeting so that arrangements may be made. An area in the front of the chamber is designated for individuals requiring the use of wheelchair or other accessible devices.
If you filed a petition, the Clerk will send you the official Hearing Board Order after the Board approves the Order at its next meeting.
For general questions, please contact a District Hearing Board Representative by phone at (858) 586-2650.
For procedural questions, please contact the Hearing Board Clerk at (858) 245-8249.