Statute · California Health and Safety Code

Cal. Health & Safety Code § 42335 — District Review of a Permit Applicant’s Compliance History

Cal. Health & Safety Code § 42335

Type
Statute
Source
California Health and Safety Code
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

A permit denied pursuant to Section 42333 shall be set aside by the hearing board under either of the following conditions:

Citator

Cal. Health & Safety Code § 42335 — District Review of a Permit Applicant’s Compliance History is in force in the current edition of the Code, and nothing recorded condemns it.

A permit denied pursuant to Section 42333 shall be set aside by the hearing board under either of the following conditions:

(a)  The applicant proves that either:

(1)  The emissions violations forming the basis for the denial were the result of circumstances beyond the reasonable control of the applicant and could not have been prevented by the exercise of reasonable care.

(2)  The denial is not an appropriate action given the severity of the violations, or is not supported by the applicant’s overall compliance history.

(b)  The violation has been corrected in a timely fashion or reasonable progress is being made.