Health & Saf. Code, § 42335 · Article 1.5. District Review of a Permit Applicant’s Compliance History
Health & Saf. Code, § 42335
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
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.
Notes and commentary — not statutory text
History
Added by Stats. 1991, Ch. 1209, Sec. 3.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=42335.
- Text hash
- sha256 4e689aee76b0cc1b1a25f31ddbff3d91d084dc89849742d8efd4921ef9bd329f
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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Health and Safety Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.