AB 1132: Nonvehicular air pollution: order for abatement.

Existing law regulates the emission of air pollutants by stationary sources and authorizes the regional air quality management districts and air pollution control districts (air districts) to enforce those requirements. Existing law authorizes the governing boards and the hearing boards of air districts to issue an order for abatement, after notice and an abatement hearing, whenever they find a violation of those requirements.

This bill would authorize an air pollution control officer, if the officer finds that any person is causing an imminent and substantial endangerment to the public health or welfare, or the environment, by violating those requirements, to issue an interim order for abatement pending an abatement hearing before the hearing board of the air district. The bill would require the officer, before issuing the interim order, to make reasonable efforts to meet and confer with the person and make a good faith effort to agree with the person on a stipulated interim order. The bill would require the officer to notify the person of issuance of an interim order or stipulated interim order and provide the person with an accusation stating the grounds for the order and procedures for challenging the order. The bill would require the air district to schedule an abatement hearing upon receipt of a defense to the accusation. The bill would provide for the interim order to expire or to be rescinded or vacated pending final resolution of the abatement hearing, as specified.