Harbor Fumigation, Inc. v. County of San Diego Air Pollution Control District

Harbor Fumigation, Inc. (Harbor) appeals a judgment declaring that the County of San Diego Air Pollution Control District (APCD) has authority to regulate emissions from the Tenth Avenue Marine Terminal facility (Facility) in San Diego in which methyl bromide is used as a pesticide. We conclude the relevant statutory language which directs the Department of Pesticide Regulation (DPR) to regulate the use of pesticides that are toxic air contaminants does not divest APCD of its regulatory authority. Accordingly, we affirm the judgment.

Factual and Procedural Background

The Facility is owned by the San Diego Unified Port District (Port District). In 1992 Port District granted a temporary use and occupancy permit to Tenth Avenue Cold Storage Company (TACSC) to use the Facility for handling, storing and delivering imported fruit. Harbor entered into an agreement with TACSC to perform at the Facility required methyl bromide fumigation of imported fruit.

Methyl bromide is a gas commonly used as a pesticide to fumigate fruit and can be harmful to people who are exposed to it. It also contributes to the creation of smog and depletion of the earth’s ozone layer. Methyl bromide…