CHAPTER
MOTOR OR ENGINE HORSEPOWER SCHEDULE
FUEL BURNING AND POWER GENERATION EQUIPMENT
SCHEDULE
INCINERATOR AND REFUSE BURNER SCHEDULE
GEOTHERMAL DEVELOPMENT SCHEDULE
ASBESTOS OPERATIONS FEE SCHEDULE
FUEL STORAGE AND DISPENSING FACILITY
SCHEDULE
INTERNAL COMBUSTION ENGINE SCHEDULE
PAINTING AND AUTO BODY REPAIR FACILITIES
WOOD SAWING, MILLING, AND PLANING OPERATIONS
RULE
1-320 - HEARING BOARD AND VARIANCE FEES
RULE
1-330 - TECHNICAL SERVICES FEES
RULE
1-340 - TECHNICAL REPORT CHARGES
RULE
1-350 - MAJOR EMISSIONS ASSESSMENT
RULE
1-370 - AIR TOXICS "HOT SPOTS" ASSESSMENT
CHAPTER
(a) Application Fee
Every applicant,
including any federal, state or local government agency or public district, for
an Authority to Construct or a Permit to Operate any stationary source of air
contaminant emissions for which an Authority to Construct or a Permit to
Operate is required by the Rules and Regulations of the District or federal and
state laws, including any applicant for a permit pursuant to Regulation 5,
Title V, shall pay an application fee in the amount prescribed in Rule
1-310. The fee schedule shall be
adjusted annually in accordance with Section 42311 of the California Health and
Safety Code and Section 2212 of the Revenue and Taxation Code to account for
changes in the California Consumer Price Index for the preceding year. The fees shall not exceed the actual cost of
District programs for the immediately preceding year with an adjustment not
greater than the change in the annual California Consumer Price Index. The schedule of fees shall be calculated on
an annual basis by the Air Pollution Control Officer.
[Adopted
(b) New Source Review
Fees
Every applicant,
including any federal, state or local government agency or public district, for
an Authority to Construct or a Permit to Operate any stationary source of air
contaminant emissions for which the additional new source review procedures of
Rule 1-220(b) are required, shall pay an additional fee to the District as
determined by the Air Pollution Control Officer in accordance with Rule 1-330,
Technical Services Fees. The new source
review fee shall not exceed the District's actual cost to administer the new
source review requirements.
[Adopted
(c) Cancellation or
Denial
If an application for
an Authority to Construct or a Permit to Operate is cancelled by the applicant,
or if an Authority to Construct or a Permit to Operate is denied and the denial
becomes final, the application fee required herein shall not be refunded nor
applied to any subsequent application.
[Adopted
(d) Change of Location or Transfer of Ownership
(1)
An applicant for a Permit to Operate an existing source of air contaminant emissions because
of change of location or ownership, for which a Permit to Operate has
previously been granted under Chapter II, and to which no modifications have
been made, shall pay a $50.00 fee per facility.
(2)
Sources of air contaminants subject to
the provisions of Regulation 5, or of Regulation 1, Rule 1-220 or 1-490 or
1-492, or in cases where the relocation of a source may contribute to the exceedance of a state or national ambient air quality
standard shall pay the application fee set in Rule 1-300(a) in addition to
applicable New Source Review fees pursuant to Rule 1-300(b).
[Adopted
(e) Revision of
Permit
An applicant for a
revision of an Authority to Construct or a Permit to
Operate or for a change in the conditions applying to such permit shall pay an
application fee as specified in Rule 1-300(a).
[Adopted
(f) Annual Permit
Fee
On July 1 of each
year, all holders of an Authority to Construct or Permit to Operate shall be
notified by the District of the annual permit fee based in the amount
prescribed in Rule 1-310. The fee
schedule shall be adjusted annually in accordance with Section 42311 of the
California Health and Safety Code and Section 2212 of the Revenue and Taxation
Code to account for changes in the California Consumer Price Index for the
preceding year. The fees shall not
exceed the actual cost of District programs for the immediately preceding year
with an adjustment not greater than the change in the annual California
Consumer Price Index. The schedule of
fees shall be calculated on an annual basis by the Air Pollution Control
Officer.
The base year shall be
2003.
The Permit Holder
shall pay the annual permit fee to the Air Quality Management District Office
in person or by mail postmarked no later than August 30 of that year. If the permit fee is not paid by August 30,
the fee shall be increased by one-half the amount thereof, and the District
shall thereupon promptly notify the Permit Holder by mail of the increased
fee. If the increased fee is not paid
within 60 days after notice, the permit shall be immediately suspended and the
District shall so notify the Permit Holder by mail. Any suspended permit may be reinstated only
upon payment in full of all accrued fees and penalties or by filing a new
application complete with application fee.
Annual permit fees will continue to be required until such time as the
Authority to Construct and/or Permit to Operate cancellation or denial becomes
final and all operations involving the stationary source have ceased.
[Adopted
(g) Multiple
Locations
(1) Permits issued to
operate movable equipment at two or more locations shall pay only one annual
permit fee.
(2)
Sources of air contaminants subject to
the provisions of Regulation 5 or of Regulation 1, Rules 1-220 or 1-490 or
1-492 shall pay a permit fee or application fee as specified in Rules 1-300(a) and
1-300(f), in addition to applicable New Source Review fees pursuant to Rule
1-300(b) for each location in which the source is permitted to operate.
[Adopted
(h) Duplicate Permit
A request for a
duplicate Permit to Operate shall be made in writing to the District within 10
days after the destruction, loss or defacement of a Permit to Operate and shall
contain the reason a duplicate permit is being requested. A fee of $30.00 shall be paid for a duplicate
Permit to Operate.
[Adopted
(i) Late Fee Penalty
If any stationary
source of air contaminant emissions is constructed, modified, operated or replaced
(except for identical replacement) without the owner or operator obtaining an
Authority to Construct in accordance with Rule 1-200, the applicant shall be
assessed a late fee penalty that is one and one-half times the applicable
initial fee. The assessment of a late
fee penalty shall not limit the District's right to pursue any other remedy
provided for by law.
[Adopted
It is hereby determined that the cost of
reviewing permit applications, issuing authorizations, and of inspections,
testing and monitoring pertaining to such issuance, exceeds the fees prescribed
herein. In determining the fees to be
charged, identical or like equipment within each process unit that requires a
permit may be totaled for each schedule.
In the event that more than one fee schedule is applicable to an
Authority to Construct or Permit to Operate, the governing schedule shall be
that which results in the highest fee.
The fee schedule shall be adjusted annually in accordance with Section
42311 of the California Health and Safety Code and Section 2212 of the Revenue
and Taxation Code to account for changes in the California Consumer Price Index
for the preceding year. The fees shall
not exceed the actual cost of District programs for the immediately preceding
year with an adjustment not greater than the change in the annual California
Consumer Price Index. The schedule of
fees shall be calculated on an annual basis by the Air Pollution Control
Officer.
Amended
Any source of air
contaminant emissions for which an Authority to Construct or a Permit to
Operate is required, where an electric motor or internal combustion engine or
other equivalent drive unit is used as the power supply, shall be assessed a
permit fee based on the total rated horsepower of all such drive units, or
their horsepower equivalent in kilovolt amperes (1
Horsepower |
Initial Application Fee |
Annual Permit Fee |
Less than 10 |
$0.00 |
$0.00 |
10 or greater but less than 25 |
150.00 |
75.00 |
25 or greater but less than 50 |
300.00 |
150.00 |
50 or greater but less than |
450.00 |
225.00 |
100 or greater but less than 200 |
750.00 |
325.00 |
200 or greater but less than 500 |
1,200.00 |
600.00 |
500 or greater but less than 1,000 |
1,800.00 |
900.00 |
1,000 or greater |
3,000.00 |
1,500.00 |
Adjusted annually to account for changes
in the previous years
[Adopted
Any source of air
contaminant emissions, for which an Authority to Construct or Permit to Operate
is required, in which fuel may at any time be burned or in which power may be
generated, shall be assessed a permit fee based upon its rated design capacity
of heat input expressed in millions of British Thermal Units (BTU) per hour,
using gross heating value of the fuel or its equivalent, in accordance with the
following schedule:
British Thermal Units Per Hour |
Initial Application Fee |
Annual Permit Fee |
Less than 1 million BTU per hour |
$200.00 |
$100.00 |
1 million BTU per hour or greater (*or fraction thereof greater than 1 million BTU per
hour) |
$200.00 plus $20.00 per million BTU* |
$10.00 per million BTU* |
Adjusted
annually to account for changes in the previous years
[Adopted
Any source of air
contaminant emissions, for which an Authority to Construct or Permit to Operate
is required, for the disposal of combustibles for burning in the permitted
device, shall be assessed a permit fee based on the maximum horizontal inside
cross sectional area of the primary combustion chamber, in accordance with the
following schedule.
Area, Square Feet |
Initial Application Fee |
Annual Permit Fee |
Less than 12 |
$150.00 |
$75.00 |
12 or greater but less than 20 |
300.00 |
150.00 |
20 or greater but less than 30 |
600.00 |
300.00 |
30 or greater but less than 39 |
900.00 |
450.00 |
39 or greater |
1,200.00 |
600.00 |
Adjusted annually to account for changes in the previous
years
[Adopted
Any stationary tank, reservoir,
or other container for which an Authority to Construct or Permit to Operate is
required, shall be assessed a permit fee based on capacities in gallons or
cubic equivalent, in accordance with the following schedule.
Gallons |
Initial Application Fee |
Annual Permit Fee |
250 or greater but less than 4,000 |
$150.00 |
$75.00 |
4,000 or greater but less than 40,000 |
300.00 |
150.00 |
40,000 or greater but less than 100,000 |
450.00 |
225.00 |
100,000 or greater but less than 200,000 |
1,200.00 |
600.00 |
200,000 and greater |
2,400.00 |
1,200.00 |
Adjusted annually to account for changes in the previous
years
[Adopted
Any source of air
contaminant emissions, for which an Authority to Construct or Permit to Operate
is required, shall be assessed a permit fee based upon the annual average
process weight rate calculated in pounds per hour.
Average Pounds Per Hour |
Initial Application Fee |
Annual Permit Fee |
Less than 5,000 |
$150.00 |
$75.00 |
5,000 or greater but less than 20,000 |
300.00 |
150.00 |
20,000 or greater but less than 50,000 |
600.00 |
300.00 |
50,000 or greater but less than 100,000 |
900.00 |
450.00 |
100,000 or greater but less than 200,000 |
1,500.00 |
750.00 |
200,000 or greater but less than 400,000 |
2,100.00 |
1,050.00 |
400,000 or greater |
3,000.00 |
1,500.00 |
Adjusted annually to account for changes in the previous
years
[Adopted
Any source of air
contaminant emissions, for which an Authority to Construct or Permit to Operate
is required, shall be assessed a permit fee based upon the volumetric exhaust
rate from the source, expressed in actual cubic feet per minute.
Volume Exhausted (cfm) |
Initial Application Fee |
Annual Permit Fee |
Less than 2,000 |
$ 150.00 |
$ 75.00 |
2,000 or greater but less than 5,000 |
300.00 |
150.00 |
5,000 or greater but less than 20,000 |
450.00 |
225.00 |
20,000 or greater but less than 50,000 |
750.00 |
375.00 |
50,000 or greater but less than 100,000 |
1,500.00 |
750.00 |
100,000 or greater but less than 200,000 |
3,000.00 |
1,500.00 |
200,000 or greater |
6,000.00 |
3,000.00 |
Adjusted annually to account for changes in the previous
years
[Adopted
Any source of air contaminant emissions relative
to the production or utilization of geothermal steam, for which an Authority to
Construct or Permit to Operate is required, shall be assessed a permit fee in
accordance with the following schedule.
Geothermal Sources |
Initial Application Fee |
Annual Permit Fee |
Geothermal Well |
$ 900.00 |
$450.00 |
Geothermal Well Air Pollution Control Device |
150.00 |
75.00 |
Power Plant Unit |
15,000.00 |
7,500.00 |
Power Plant Unit Air Pollution Control Device |
750.00 |
325.00 |
Adjusted
annually to account for changes in the previous years
[Adopted
Anyone conducting a
demolition or renovation project subject to the provisions of Title 40 of the
Code of Federal Regulations, Part 61, Subpart M for
asbestos and required to submit a written notification of the project to the
District shall pay to the District the following fee:
Asbestos operations other than
single-family residential dwellings of less than five units.
Less
than 100 lineal feet or less than
100
to
200
to
500
to
2,000
to
greater than
If, upon inspection or
in the course of a demolition or renovation project, it is discovered that the
project properly belongs in a higher fee category than was initially
determined, the owner or operator shall pay the balance of the fee for the
higher category.
The appropriate fees
listed above shall accompany the notification form. Failure to pay the appropriate fee at the
time of notification form will be considered a failure to notify. In such case the owner or operator could be
subject to significant penalties pursuant to federal law and regulation.
Any demolition or
renovation project requiring an inspection by the Air Quality Management
District shall pay an additional fee to the District for the actual cost of the
inspection as determined by the Air Pollution Control Officer in accordance
with Rule 1-330, Technical Services Fees.
Schedule 8 is not
subject to annual
[Adopted
Any source of air contaminant emissions for which an Authority to Construct or a Permit to Operate is required, through which fuel is stored and/or dispensed, shall be assessed a permit fee based upon the previous year’s throughput in gallons per year in accordance with the following schedule:
Control System |
Initial Application Fee |
Annual Permit Fee |
No vapor recovery system |
$100 + $2.00/1000gal |
$60 + $2.50/1000gal |
Phase I vapor recovery system only |
$200 + $3.00/1000gal |
$60 + $2.25/1000gal |
Phase II vapor recovery system only |
$200 + $3.00/1000gal |
$60 + $2.00/1000gal |
Phase I and II vapor recovery system |
$300 + $4.00/1000gal |
$60 +$1.75/1000gal |
Adjusted annually to account for changes in the previous
years
[Adopted
Any source of air contaminant emissions for which an Authority to Construct or a Permit to Operate is required, where a compression ignition internal combustion engine or other equivalent drive unit is used as the power supply, shall be assessed a permit fee based on the total rated horsepower and the previous year’s annual hours of operation in accordance with the following schedule:
Engine Size/Age |
Initial Application Fee |
Annual Permit Fee |
Diesel less than
50bhp, all ages |
$0.00 |
$0.00 |
Pre 1990 diesel engine |
$800.00 |
$400+$8/1000hp-hr |
1990-1995 diesel engine |
$700.00 |
$350+$4/1000hp-hr |
1996 diesel engine or newer |
$500.00 |
$250+$2/1000hp-hr |
Multiple diesel engines individually less than 50bhp
aggregating more than 90bhp1 |
$300.00 per engine |
$100+ rate for appropriate age |
Non-Diesel greater than 250bhp |
$500.00 |
$200+$1/1000hp-hr |
Multiple non-diesel engines individually less than 250bhp aggregating more than 400bhp1 |
$100.00 per engine |
$50+ rate for appropriate age |
Adjusted annually to account for changes in the previous
years
[Adopted
Any source of air contaminant emissions for which an Authority to Construct or a Permit to Operate is required, where paint is applied with a spray gun, shall be assessed a permit fee based on the annual throughput of paint in gallons per year in accordance with the following schedule:
Application Configuration |
Initial Application Fee |
Annual Permit Fee |
Open outdoor application |
$10.00 per gallon |
$10.00 per gallon |
Indoor application |
$15.00 per gallon |
$ 7.50 per gallon |
Application in spray booth |
$20.00 per gallon |
$ 5.00 per gallon |
In no case shall the application fee be less than $500, or the annual permit fee be less than $250.
Adjusted
annually to account for changes in the previous years
[Adopted
Any source of air contaminant emissions for which an Authority to Construct or a Permit to Operate is required, where wood is sawn, milled, or planed shall be assessed a permit fee based on the annual throughput of lumber in total number of board feet processed through the facility expressed in increments of one hundred thousand board feet or fraction thereof times the number of emitting devices (saws, planers, etc.) in accordance with the following schedule:
Configuration |
Application Fee (per emitting device) |
Annual Permit Fee (per emitting device) |
With abatement devices |
$100+$0.75/100,000 bd. ft. |
$50+$0.32/100,000 bd. ft. |
Without abatement devices |
$100+$1.00/100,000 bd. ft. |
$50+$0.50/100,000 bd. ft. |
Adjusted
annually to account for changes in the previous years
[Adopted
RULE 1-320 - HEARING BOARD
(a) Purpose
The purpose of this
Rule is twofold:
(1) To recover, as much as possible, the costs
to the District of administration of the variances granted by the Mendocino
County Air Quality Management District Hearing Board and other orders of the
Hearing Board, including those incurred as a result of appeals from District
decisions on the issuance of permits and issuance of abatement orders,
including all costs of holding hearings.
Such costs include consultations with applicants, reviewing
applications, holding hearings, drafting and publishing variance orders,
required notification of the responsible state and federal authorities,
maintenance of records, reviewing progress toward compliance and conducting
inspections.
(2) To avoid enforcement action by the U.S.
Environmental Protection Agency against permit holders in the District by
charging fees for operation under variance.
Operation under variance constitutes a violation of federal regulations,
which do not recognize variances. The
U.S. Environmental Protection Agency has a program of "overfiling"
when, in their opinion, penalties extracted for violations are not sufficient.
[Adopted
(b) Applicability
This Rule shall apply
to anyone who petitions or applies to the Hearing Board for any of the forms of
relief in subdivision (n) or who is the subject of an abatement order having
the effect of a variance. This rule
shall not apply to the Air Pollution Control Officer. The provisions of Rule 1-320 (e), (f), (g)
and (h) shall apply to anyone seeking a variance from a rule or permit
condition that specifies quantitative emission limits, including federally
enforceable emission limitations, or that may be interpreted as implying such a
limitation. Rule 1-320 (e), (f), (g) and (h) shall also apply to anyone who is the subject of
an abatement order having the effect of such a variance. As used in this Rule, the term
"variance" includes any order of the Hearing Board allowing operation
of a source of air contaminants in violation of Health and Safety Code, Section
41701, or in violation of the Rules and Regulations of the District, or in
violation of a limitation or condition on a permit, unless the context dictates
otherwise.
[Adopted
(c) Filing Fees and Other Hearing Board Fees
Every applicant or
petitioner for variance, or for the extension, revocation or modification of a
variance, or for an appeal from a denial or conditional approval of an
Authority to Construct or Permit to Operate or appeal of a Hearing Board
decision, or request for a rehearing, or for intervention in any matter before
the Hearing Board, and any person to whom this Rule is otherwise applicable,
including any federal, state or local governmental agency or public district,
shall pay to the Clerk of the Hearing Board, on filing, a basic fee as provided
in Rule 1-320(n). It is hereby
determined that the cost of administration of the Hearing Board and Variance
Procedures of Chapter VI of this regulation exceeds these fees. Additional Hearing Board fees and costs may be
assessed by the Hearing Board to recover the costs arising from the action that
the applicant or petitioner has brought before the Hearing Board, or that has
otherwise come before the Hearing Board, including, but not limited to the cost
of holding hearings, the costs of conducting inspections and reviewing
compliance with orders issued by the Hearing Board, the costs of preparing and
maintaining records of hearings, the cost of counsel for the Hearing Board, and
any other costs that may be reasonably ascribed to the administration of orders
issued by the Hearing Board.
[Adopted
(d) Partial
Refund of Appellant's Fee When Decision is Overturned
In the event that a
third party appeal to the Hearing Board or rehearing leads to the overturning
of a previous decision by the Hearing Board or the Air Pollution Control
Officer, 50% of the appellant's filing fee will be refunded.
[Adopted
(e) Cost of
Transcripts or Tape Recordings of Hearings
Any person requesting
a written transcript or tape recording of the hearing shall pay the cost of
such transcript or recording. The
Hearing Board may direct the parties to its proceedings to pay the cost of
transcripts necessary for the Hearing Board's determination of the matter, in
such proportion as the Hearing Board may order.
[Adopted
(f) Excess
Emission Fees
In addition to the
filing fees and other fees required in Rule 1-320(c), each recipient of a
variance from the Rules and Regulations of the District, or from a permit limitation
shall pay to the Clerk of the Hearing Board excess emissions fees. The excess emissions fees shall be based on
the total weight of emissions discharged in excess of the amounts allowed by
these rules or by permit condition, other than those described in Rule 1-320(g)
below, during the variance period. The
excess emissions fees shall be calculated in accordance with the schedule in
Rule 1-320(m), or as provided in Rule 1-320(h), whichever is greater and adjusted
annually in accordance with Section 42311 of the California Health and Safety
Code and Section 2212 of the Revenue and Taxation Code to account for changes
in the California Consumer Price Index for the preceding year as described in
Rule 1-310 – Fee Schedules.
Where an applicant receives
a variance from more than one rule or permit condition limiting the discharge
of the same contaminant, the emission for that contaminant shall be shall be
cumulative; the fee shall be determined in the same fashion as if the applicant
were seeking separate variances from separate rules, laws or permit conditions
limiting the emissions of different pollutants.
Moreover, for the purposes of this Rule, opacity rules and particulate
mass emission rates will not be considered rules limiting the discharge of the
same contaminant.
[Adopted
(g) Excess Visible
Emission Fees
In addition to the
filing fees and other fees required by Rule 1-320(c), and the excess emissions
fees required by Rule 1-320(f) (if any), each recipient of a variance from
Health and Safety Code, Section 41701, from Rule 1-410(b), or from a permit
limitation on opacity of emissions shall pay to the Clerk of the Hearing Board
an excess visible emissions fee. The fee
shall be based on the difference between the opacity allowed by Health and
Safety Code, Section 41701, Rule 1-410(b), or the permit limitation and the
opacity of emissions allowed from the source or sources while operating under
the variance or other order of the Hearing Board, in accordance with the procedure
set forth in Rule 1-320 (m), and adjusted annually in accordance with Section
42311 of the California Health and Safety Code and Section 2212 of the Revenue
and Taxation Code to account for changes in the California Consumer Price Index
for the preceding year as described in Rule 1-310 – Fee Schedules .
Where an applicant
seeks a variance from more than one limit on the opacity of emissions (Health
and Safety Code, Section 41701, Rule 1-410(b) or permit condition), the excess
visible emissions fees shall be shall be cumulative; the fees shall be
determined in the same fashion as if the applicant were seeking separate
variances from separate rules, laws or permit conditions limiting the emissions
of different pollutants.
Adopted
(h) Minimum Fees
Except as otherwise
provided by the Hearing Board in accordance with Rule 1-320(k), the excess
emissions fees shall be not less than $50.00 per day, adjusted annually in
accordance with Section 42311 of the California Health and Safety Code and
Section 2212 of the Revenue and Taxation Code to account for changes in the
California Consumer Price Index for the preceding year as described in Rule
1-310 – Fee Schedules.
[Adopted
(i) Fee Determination
(1) The petitioner shall calculate the excess
emissions fees as required by Rule 1-320 (f), (g) and (h). The calculations and proposed fees shall be
set forth in the petition.
(2) The Hearing Boards may adjust the excess
emissions fees and excess visible emissions fees required by Rule 1-320 (f) and
(g) based on evidence regarding emissions presented at the time of the hearing.
(3) The amount of excess emissions fees and
excess visible emissions fees shall not exceed $1,000.00 per day for each law,
rule or permit limitation from which a variance is sought.
[Adopted
(j) Fee Payment
Excess emissions fees
are due and payable immediately upon issuance of the Hearing Board's
order. Failure to pay the excess
emissions fees or excess visible emissions fees required by Rule 1-320 (f), (g)
and (h) within fifteen (15) days of the date of the Hearing Board's order shall
invalidate the variance or other order of the Hearing Board having the effect
of a variance.
[Adopted
(k) Discretion of The Hearing Board
Any person applying
for a variance may allege that payment of any of the foregoing excess emission
fees will cause an unreasonable hardship.
The Hearing Board may by order excuse any such person from payment of
all or a portion of such fees if the Board in its discretion determines after
hearing evidence thereon that payment of such fees would cause unreasonable
financial hardship to the petitioner.
[Adopted
(l) Schedule of
Excess Emissions Fees
Air Contaminant |
Dollars per Ton |
Organic Gases, except methane and those containing sulfur |
$300.00 |
Oxides of nitrogen (expressed as nitrogen dioxide) |
$150.00 |
Oxides of Sulfur (expressed as sulfur dioxide |
$150.00 |
Total reduced sulfur compounds (expressed as hydrogen sulfide) |
$600.00 |
Particulate matter |
$300.00 |
[Adopted
(m) Computation of
Excess Visible Emissions Fees
(1) For each source with opacity
of emissions in excess of the limits of Rule 1-410(b) Visible Emissions, or of
a permit limitation on opacity, the fee shall be calculated as follows:
Fee = {Prescribed
Opacity - Opacity limitation} x $6.00/day x number of days allowed under the variance.
Example:
Fee = (35 - 20) x $6.00 x 120 days = $10,800
or
Fee = Minutes allowed
in excess of three above the opacity limitation x $30.00 x number of days
allowed under the variance. (For applicants seeking a variance allowing more time in excess of
the opacity limitation.)
Example:
Fee = (6 min. - 3 min)
x $30.00 x 120 days = $10,800.00
Note: For purposes of this Rule, "prescribed
opacity" means the opacity allowed under the variance for more than 3
minutes in any one hour, and "opacity limitation" means the opacity
limitation specified in the rule or permit condition from which a variance is
being sought, or in Health and Safety Code, Section 41701. Opacity is expressed as percent, in whole
numbers.
[Adopted
(2) The calculated excess emissions fee shall
be adjusted in accordance with Section 42311 of the California Health and
Safety Code and Section 2212 of the Revenue and Taxation Code to account for
changes in the California Consumer Price Index for the preceding year as
described in Rule 1-310 – Fee Schedules.
(n) Schedule of
Filing Fees
(1)
For each application for variance
exceeding 90 days, in accordance with Health and Safety Code, Section 42350, including
application on behalf of a class of applicants, which meet the requirements of
the Hearing Board Rules for a valid and proper class action for variance---------------------- $275
------- Plus,
for each continuation or other hearing in addition to the first hearing
necessary to dispose of such a variance application --------------------------------------------------------- -----$225
(2)
For each application for variance not
exceeding 90 days, in accordance with Health and Safety Code, Section 42350,
including applications on behalf of a class of applicants, which meet the
requirements of the Hearing Board Rules for a valid and proper class action for
variance-------------- $275
------- Plus,
for each continuation or other hearing in addition to the first hearing
necessary to dispose of such a variance application ------------------------------------------------------------- $225
(3)---- For each application to modify a
variance, in accordance with Health and Safety Code, Section 42356
---------------------------------------------------------------------------------- $275
------- Plus,
for each continuation or other hearing in addition to the first hearing
necessary to dispose of such an application ----------------------------------------------------------------------- $225
(4)---- For each application to modify a
variance's schedule of Increments of Progress or Final Compliance Date, in
accordance with Health and Safety Code, Section 42357------------------------- $275
------- Plus,
for each continuation or other hearing in addition to the first hearing
necessary to dispose of such an application ----------------------------------------------------------------------- $225
(5)---- For each application by the District
to revoke a variance---------------------------- $0
(6)---- For each application for approval of
a Schedule of Increments of Progress in accordance with Health and Safety Code,
Section 41703----------------------------------------------------- $275
------- Plus,
for each continuation or other hearing in addition to the first hearing
necessary to dispose of such an application----------------------------------------------------------------------- $225
(7)---- For each application for emergency
variance, in accordance with Health and Safety Code, Section 42359.5---------------------------------------------------------------------------------- $275
(8)---- For each application for Hearing
Board review of the District's denial of a permit, in accordance with Health
and Safety Code, Section 42302------------------------------------------------- $275
------- Plus, for each continuation or other hearing in addition to the
first hearing necessary to dispose of such an application.----------------------------------------------------------------------
$225
(9)---- For each petition for Hearing Board
review of the District's granting of a permit, in accordance with Health and
Safety Code, Section 42302 or Regulation 1, Rule 1-250 ------------------- $275
------- Plus,
for each continuation or other hearing in addition to the first hearing
necessary to dispose of such an application----------------------------------------------------------------------- $225
(10)--- For each application for Hearing
Board review of the District suspension of a permit, in accordance with Health
and Safety Code, Section 42306------------------------------------------ $275
------- Plus,
for each continuation or other hearing in addition to the first hearing
necessary to dispose of such an application----------------------------------------------------------------------- $225
(11)--- For each application for intervention
in a matter before the Hearing Board-------- $275
------- Plus,
for each continuation or other hearing in addition to the first hearing in
which any intervener participates as an intervener------------------------------------------------------------------ $225
Hearing Board filing
fees are not subject to annual
[Adopted
RULE 1-330 - TECHNICAL SERVICES FEES
(a) Every person for whom the District performs
technical services shall pay a fee for such services. The fee shall be determined based on the
amount of staff time spent providing the services. The District shall keep records of time spent
to the nearest quarter-hour, and shall bill Technical Services fees on the basis
of these records.
(b) No fee shall be charged for services paid for
pursuant to another rule of the District.
(c) Technical services shall be billed at a rate
determined each year by the Air Pollution Control Officer based on the
District’s stationary source program costs.
[Adopted
RULE 1-340 - TECHNICAL REPORT CHARGES
Information, circulars, reports of technical
work, and other reprints prepared by the District, when supplied to other
governmental agencies or individuals or groups requesting copies of the same, may
be charged by the District in a sum not to exceed the cost of preparation and
distribution of such documents. All
monies collected shall be deposited to the general revenue fund of the
District.
RULE 1-350 - MAJOR EMISSIONS ASSESSMENT
(a) The Air Quality Management District Board
may, after notice and a public hearing, adopt a schedule of fees based on an
assessment of emissions. For the
purposes of this rule, such emissions assessment shall be described as an assessment
of those emissions that total an annual combined stationary source release of
25 tons or more of any air contaminant.
This schedule shall apply and the indicated charges shall be assessed by
the District prior to November 1 of any fiscal year in which the District’s
revenues do not cover the cost of operation of the program requirements as
outlined in Section 42311 of the Health and Safety Code. This emissions assessment shall be based upon
combined total stationary source emissions for the previous calendar year. In determining the emissions assessment, the
District shall use a dollar based program deficiency factor that in no case
shall exceed the amounts indicated in the unit fee column of part (b) of this
rule.
(b) For each stationary source subject to a major
emissions assessment, the fees shall be calculated as follows:
Emissions Unit Fee Program Emissions
Deficiency
Air
Contaminant Tons/Year X $/Ton X $
Factor = Fees
-------------------------------------------------------------------------------------------------------------
Particulate
Matter _______ X $30.00 X _________ = __________
Sulfur
Oxides as SO2 _______ X $30.00 X _________ = __________
Nitrogen
Oxides as NO2 _______ X $30.00 X _________ = __________
Carbon
Monoxide _______ X $30.00 X _________ = __________
Total
Organics _______ X $30.00 X _________ = __________
Total
Reduced Sulfur _______ X $30.00 X _________ = __________
-------------------------------------------------------------------------------------------------------------
Total Assessment for Major Emissions: $_________
Major Emissions Fees
shall be in addition to any other required fees. Major Emissions Fees shall be considered past
due sixty days after notice of the assessment by the District and subject to a
penalty of one-half the amount of the original fees. The District shall promptly notify the Permit
Holder of the increased fee. If the
increased fee is not paid within 60 days after notice, the permit shall be
immediately suspended and the District shall so notify the Permit Holder by
mail. Any suspended permit may be
reinstated only upon payment in full of all accrued fees and penalties or by
filing a new application complete with application fee. Annual permit fees will continue to be
required until such time as the Authority to Construct and/or Permit to Operate
cancellation or denial becomes final and all operations involving the stationary
source have ceased. Any revenues received
by the District pursuant to this rule that exceed the cost of District programs
as described in Section 42311 of the Health and Safety Code during any fiscal
year shall be carried over for expenditure in the subsequent fiscal year, and
such charges shall be changed to reflect the carryover.
[Amended
RULE 1-370 -
(a) Applicability
The owner or operator
of each facility subject to the Air Toxics "Hot Spots" Information
and Assessment Act of 1987 ("the Act" -- Health and Safety Code,
Sections 44300-44394) shall pay this fee.
The fee consists of two components:
distributed costs and facility-specific costs. The fee for each subject facility shall be
determined as set forth in Rule 1-370 (d) and (e), below. Except as provided in Rule 1-370 (e) or (f),
below, no facility in a category excluded by the California Air Resources Board
from the determination of state costs shall be required to pay a fee pursuant
to this Rule. (Health and Safety Code,
Section 44380)
[Amended
(b) Date of Billing
The air toxics
assessment shall be sent to the facility owner or operator after February 1 and
prior to May 1 of each year, or not later than 60 days after the District's
receipt of state costs from the California Air Resources Board following the
adoption of those costs and their approval by the state Office of
Administrative Law, if the date of receipt is March 1 or later.
(c) Late Payment Penalty
The air toxics
assessment shall be past due sixty days after receipt of the notice of the
assessment by the District. Each fee not
paid by 60 days after receipt of the billing shall be subject to a penalty of
one hundred percent (100%) as provided in Health and Safety Code, Section 44380(c),
and the District shall promptly notify the facility operator. If fees remain unpaid longer than 120 days
after the date of this second notification, any permits to operate from the
District shall be subject to the suspension and reinstatement procedures
specified in Rule 1-300(f). (Health and
Safety Code, Section 44380(c))
(d) Assessment of Distributed Costs
Distributed costs will
be apportioned among the subject facilities in proportion to the scores used to
determine the ranking of facilities for preparation of risk assessments. These scores are determined using the
Emissions and Potency procedure set forth in the document “Report of Hearing
Prioritization of Facilities for Risk Assessment Under
the Air Toxics "Hot Spots" Act” (Mendocino County Air Quality
Management District, January 4, 1994).
This part of the fees will be assessed in such amount as to recover the
entire distributed costs of the “Hot Spots” program. Distributed costs are the following: state costs; cost of preparing the annual
report; costs of establishing criteria for public notification and risk
reduction; costs of other reporting to the state; staff training in ‘Hot Spots”
matters; other costs of the program not attributable to a specific facility.
(e) Assessment of
Facility-Specific Costs
Facility-specific costs
will be billed in accordance with Regulation 1, Rule 1-330 -- Technical
Services, based upon the amount of staff time spent on “Hot Spots” activities
for a specific facility.
Facility-specific costs are the costs associated with the following
activities: reviewing emission inventory
plans; reviewing emission inventories and updates to them; reviewing stack
sampling and analysis procedures; observation of stack sampling activities;
reviewing health risk assessments; transmittal of documents to the California
Air Resources Board or other state agencies; reviewing or preparing public
notification materials; reviewing risk reduction plans; making “Hot Spots”
documents available to the public; protection of trade secret information;
preparation of risk assessments or screening risk assessments; other activities
attributable to a specific facility as determined by the Air Pollution Control
Officer.
(f) Industry-Wide
Emission Inventories
Each facility in a
category for which the District prepares an industry-wide emissions inventory
as provided in Health and Safety Code, Section 44323 shall pay a fee of $100.00
for the year in which the District prepares the inventory.
(g) District
Documentation
The Air Pollution
Control Officer shall prepare a tabulation of the ranking scores to be used for
apportionment of the “Hot Spots” costs as of August 1 of each year. This tabulation shall be based on information
in the most recent submittals from subject facilities.
(h) This
Rule shall remain in effect without re-adoption until amended or repealed