SECTIONS 42450-42454 - California Statutes

HEALTH AND SAFETY CODE

SECTION 42450-42454

42450. The district board may, after notice and a hearing, issue an
order for abatement whenever it finds that any person is
constructing or operating any article, machine, equipment, or other
contrivance without a permit required by this part, or is in
violation of Section 41700 or 41701 or of any order, rule, or
regulation prohibiting or limiting the discharge of air contaminants
into the air.
In holding such a hearing, the district board shall be vested with
all the powers and duties of the hearing board. Notice shall be
given, and the hearing shall be held, pursuant to Chapter 8
(commencing with Section 40800) of Part 3.

42450.1. This article applies to any order for abatement issued
pursuant to a determination made under Section 42301.7.

42451. (a) On its own motion, or upon the motion of the district
board or the air pollution control officer, the hearing board may,
after notice and a hearing, issue an order for abatement whenever it
finds that any person is constructing or operating any article,
machine, equipment, or other contrivance without a permit required by
this part, or is in violation of Section 41700 or 41701 or of any
order, rule, or regulation prohibiting or limiting the discharge of
air contaminants into the air.
(b) As an alternative to subdivision (a), the hearing board may
issue an order for abatement pursuant to the stipulation of the air
pollution control officer and the person or persons accused of
constructing or operating any article, machine, equipment, or other
contrivance without a permit required by this part, or of violating
Section 41700 or 41701, or any order, rule, or regulation prohibiting
or limiting the discharge of air contaminants into the air, upon the
terms and conditions set forth in the stipulation, without making
the finding required under subdivision (a). The hearing board shall,
however, include a written explanation of its action in the order for
abatement.

42452. The order for abatement shall be framed in the manner of a
writ of injunction requiring the respondent to refrain from a
particular act. The order may be conditional and require a respondent
to refrain from a particular act unless certain conditions are met.
The order shall not have the effect of permitting a variance unless
all the conditions for a variance, including limitation of time, are
met.

42453. A proceeding for mandatory or prohibitory injunction shall
be brought by the district in the name of the people of the State of
California in the superior court of the county in which the violation
occurs to enjoin any person to whom an order for abatement pursuant
to Section 42452 has been directed and who violates such order.

42454. Proceedings under Section 42453 shall conform to the
requirements of Chapter 3 (commencing with Section 525), Title 7,
Part 2 of the Code of Civil Procedure, except that it shall not be
necessary to show lack of adequate remedy at law or to show
irreparable damage or loss.
If, in any such proceeding, it shall be shown that an order for
abatement has been made, that it has become final, and that its
operation has not been stayed, it shall be sufficient proof to
warrant the granting of a preliminary injunction.
If, in addition, it shall be shown that the respondent continues,
or threatens to continue, to violate such order for abatement, it
shall be sufficient proof to warrant the immediate granting of a
temporary restraining order.