NORTHERN SONOMA COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 300 - PERMIT FEES

300.1 Purpose
This rule is intended to provide the basis for assessing fees to sources required to obtain a valid construction or operating permit under Regulation 1. Fees assessed under this rule are established pursuant to the authority of the California Health & Safety Code, Section 42311, et. seq., which provides for the collection of permit fees to cover the costs of implementing programs related to stationary sources, including but not limited to the issuance and enforcement of permits.

300.2 Applicability
This rule applies to the owner or operator of any stationary source, or portion thereof, required to hold a valid construction or operating permit under Regulation 1 of the Northern Sonoma County Air Pollution Control District.

300.3 Exemptions
None.

300.4 Definitions
Any term used in this rule shall have the definition specifically provided in Rule 130, Definitions. Where applicable and not otherwise defined in District Regulations, definitions may be used as provided by the California Health & Safety Code, or by the federal Clean Air Act and its implementing regulations.

300.5 Fees
Any fee assessment pursuant to Rule 300 shall be subject to the procedures of this rule, as provided in Section 300.6, Procedures.

300.5.1 Applications: Every applicant, including any federal, state or local government agency or public district, for an Authority to Construct any stationary source of air contaminant emissions for which an Authority to Construct is required by the Rules and Regulations of the District or federal and state laws, shall pay: A) a filing fee of $100.00, and B) an initial fee in the amount prescribed in Rule 310, except as provided in Section 300.5.3, Limited Changes to Permits. An Authority to Construct is valid for one year and may be extended by an additional year with the payment of the annual renewal fee.

300.5.2
Additional Review Procedures:The owner or operator of a stationary sourceincluding any federal, state or local government agency or public district, for which an Authority to Construct or a Permit to Operate is required, and for which additional review procedures are required, shall also pay fees as follows:

  1. New Source Review: If the new source review (NSR) or prevention of significant deterioration (PSD) procedures of Rule 220(b) are required, the owner or operator shall pay an additional fee to the District in an amount determined by the Control Officer. Said review fee shall not exceed the actual cost of administration of the new source review requirements.
  2. Federal Program Fees: If the requirements of Regulation 5 apply, the owner or operator shall pay the fees prescribed under Rule 360.
  3. Toxic Source Review: If the toxic source review procedures of Rule 225 apply, the owner or operator shall pay the fees prescribed under Rule 370.


300.5.3
Limited Changes to Permits: An applicant requesting a change to an existing permit shall not be subject to the initial fee as prescribed in Section 300.5.1.B, if the change requested is limited to administrative, procedural, transfer of ownership, or other such changes that do not affect emissions. Where the change requires technical review (of protocols, procedures, or requirements for testing, monitoring, etc., or other technical analysis), the District may assess an additional fee not to exceed the actual cost of the review.

300.5.4
Start-up and Temporary Permit to Operate: Prior to start-up of any new, reconstructed, or modified source, the owner or operator of the source will notify the District, in writing, that construction has been completed in accordance with the Authority to Construct, and shall pay a start-up fee of one half (50%) of the annual operating fee prescribed in Section 300.1; the District may assess an additional fee only as necessary to cover the actual cost of verifying compliance with the terms of Authority to Construct permit.

300.5.5
Annual Renewal Fee: The owner or operator of any stationary source, or portion thereof, required to hold a valid operating permit under District Regulation 1 shall pay an annual renewal fee, as prescribed in Rule 310. The annual renewal fee for a single stationary source (including all permitted equipment at that source) shall not be less than $100.00 per year.

300.5.6
Relocation of Portable Equipment: The owner or operator of any portable equipment shall pay all applicable fees described in Sections 300.5.1 through 300.5.5, above, except that such fees shall be assessed as if the equipment were to be operated at only one site. Relocation to a new site will be allowed as provided in the Authority to Construct or Permit to Operate and may be subject to a compliance verification fee of $75.00. The District may assess an additional fee only as necessary to cover the actual cost of verifying compliance with the terms of applicable permit.

300.5.7
Public Notification: Any applicant for a permit that requires public notification shall pay a fee of $50 plus the actual costs of publication, if any.

300.5.8
Cancellation or Denial: If an application for an Authority to Construct or a Permit to Operate is cancelled, or if an Authority to Construct or a Permit to Operate is denied and such denial becomes final, fees required herein shall not be refunded nor applied to any subsequent application.


300.6 Procedures

300.6.1 Permit Fee Assessment: 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 renewal fee based upon the current fee schedules. 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.

300.6.2
Late Payment of Fees: The permittee shall pay such annual renewal fee to the District Office in person or by mail postmarked no later than August 30 of that year. If the renewal fee is not paid by August 30, the fee shall be increased as follows:

Calendar Days Late Penalty Fee
1 to 5 10%
6 to 15 30%
greater than 15 50%

The District shall promptly notify the permittee by mail of the increased fee based upon the number of days the fee has been received or postmarked late. If the increased fee is not paid within 60 days after such notice, the permit shall be immediately suspended and the District shall so notify the permittee by mail. If within one year of said notice the fee has not been paid or in the process of being paid then the permit will automatically be canceled. 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 initial fee. Annual renewal 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.

300.6.3
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 200, the applicant shall be assessed a late fee penalty which 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.