EL DORADO COUNTY AIR QUALITY MANAGEMENT DISTRICT

RULE 606 - HEARING BOARD FEES
(Adopted June 20, 2000)

INDEX


606.1 GENERAL

A. PURPOSE
B. EXEMPTION


606.2 DEFINITIONS

A. BOND
B. EXCESS EMISSION
C. EXCESS EMISSION FEE


606.3 STANDARDS

A. FILING FEES
B. ADMINISTRATIVE FEES
C. EXCESS EMISSION FEES
D. PERFORMANCE BOND
E. DUPLICATION FEE
F. TRANSCRIPT FEE
G. MULTIPLE VARIANCES
H. FEE REDUCTION
I. FEE REFUND


606.4 ADMINISTRATIVE REQUIREMENTS

A. FEE PAYMENT
B. BOND EVIDENCE




RULE 606 HEARING BOARD FEES
Adopted: June 20, 2000


606.1 GENERAL

A. PURPOSE: To establish fees to be charged for petitions to the Hearing Board to recover the cost of the District for Hearing Board related activities.

B. EXEMPTION: The Air Pollution Control Officer is exempt from the fees otherwise required by this rule.


606.2 DEFINITIONS

A. BOND: An obligation made binding by a money forfeit, which has been issued by a surety company admitted to do business in this state.

B. EXCESS EMISSION: The weight (in pounds) of a pollutant discharged into the atmosphere in excess of the most stringent emission limitation or requirement as allowed by the petitioner's authority to construct, permit to operate, or District, State, or Federal rules, regulations, codes, or statutes.

C. EXCESS EMISSION FEE: A fee paid to mitigate excess emissions, to be no greater than the weight of a pollutant times the fee rate set for that pollutant.

606.3 STANDARDS

A. FILING FEES: Each petitioner to the Hearing Board shall pay a filing fee to the District. The filing fee to petition the Hearing Board for an interim or emergency variance is $60.00. The filing fee for any other type of petition to the Hearing Board is $234.00.

B. ADMINISTRATIVE FEES: Each petitioner to the Hearing Board shall pay administrative fees to the District according to the fee schedule set forth below.

1. Each member of the Hearing Board shall be paid $50.00 for attending the hearing.

2. If Counsel is present to represent the Hearing Board, the petitioner shall pay the actual costs of counsel, as submitted to the District.

3. District staff time shall be billed at the District hourly rate as specified in Rule 609.

4. If the petition involves a matter requiring public notification, the petitioner shall be charged actual costs of public notice(s). Interim and Emergency variances do not require public notification.


C. EXCESS EMISSION FEES: The Hearing Board may require, as a condition of granting a variance, the petitioner to pay excess emission fees to mitigate excess emissions. In such cases, the Hearing Board may charge up to the amount listed in the table below.



The rates above were based on a two-year weighted average market rate of each pollutant for the Sacramento Federal Non-Attainment Area. District staff shall determine the amount of excess emissions that may be discharged during the variance period.

D. PERFORMANCE BOND: The Hearing Board may require, as a condition of granting a variance, that a bond be posted by petitioner to assure performance of any construction, alteration, repair, or other work required by the terms and conditions of the variance. The bond shall provide that if the petitioner fails to perform the work, as specified and required by the variance, the bond shall be forfeited to the District.

E. DUPLICATION FEE: Each Hearing Board hearing is recorded on tape by the District. A copy of the hearing may be obtained for the actual cost of duplication. A request for a copy must be made in writing.

F. TRANSCRIPT FEE: Any person requesting a written transcript of a hearing shall pay the actual cost of preparing the transcript. A request for a transcript must be made in writing. After receiving a written request for a transcript the District will give the requestor an estimate of the cost to transcribe the hearing, based on the District hourly rate in Rule 609. Prior to the District performing the transcription, the requestor shall deposit the estimated cost to the District. Any funds not expended shall be returned to the requestor.

G. MULTIPLE VARIANCES: If a petitioner is submitting multiple petitions to the Hearing Board at the same hearing, the petitioner shall not be required to pay the fees required under Section 606.3 B.1. for more than one petition.

H. FEE REDUCTION: A petitioner may request the Air Pollution Control Officer or Hearing Board for a reduction or waiver of fees. The petitioner will be responsible for providing evidence that the circumstances warrant a reduction or waiver of fees, e.g. a severe and imminent economic hardship.

I. FEE REFUND: In the event the Hearing Board reverses a permitting decision of the Air Pollution Control Officer, the petitioner shall be refunded all fees paid for the hearing, with respect to the petition.

606.4 ADMINISTRATIVE REQUIREMENTS

A. FEE PAYMENT: Filing fees are due at the time a petition is submitted to the District. Administrative and excess emission fees are due and payable prior to the issuance of the Hearing Board's final Findings and Orders. The District shall provide the petitioner with an itemized bill for administrative and excess emission fees.

B. BOND EVIDENCE: Evidence of performance bond issuance, if required as term of variance, shall be given to the District prior to issuance of the Hearing Board's final Findings and Orders.