BAY AREA AIR QUALITY MANAGEMENT DISTRICT

REGULATION 3

FEES

INDEX

3-100 GENERAL

3-101 Description

3-102 Deleted July 12, 1989

3-103 Exemption, Abatement Equipment

3-104 Deleted August 2, 1995

3-105 Exemption, Aeration of Contaminated Soil and Removal of Underground Storage Tank Operation Fees

3-106 Exemption, Employer Trip Reduction Fees

3-200 DEFINITIONS

3-201 Cancelled Application

3-202 Gasoline Dispensing Facility

3-203 Filing Fee

3-204 Initial Fee

3-205 Authority to Construct

3-206 Modification

3-207 Permit to Operate Fee

3-208 Deleted June 4, 1986

3-209 Small Business

3-210 Solvent Evaporating Source

3-211 Source

3-212 Deleted August 2, 1995

3-213 Major Stationary Source

3-214 Fabrication Area

3-215 Solvent Station

3-216 Wet Chemical Station

3-217 Siliconizing Reactor

3-218 Chemical Vapor Deposition Reactor

3-219 Diffusion Furnace

3-220 Alloy and Annealing Furnaces

3-321 Oxidation Furnace

3-222 Photoresist Line

3-223 Start-up Date

3-224 Permit to Operate

3-225 Minor Modification

3-226 Air Toxics "Hot Spots" Information and Assessment Act of 1987

3-227 Toxic Air Pollutant

3-228 Employer

3-229 Employee Transportation Survey Processing Fee

3-230 Employer Trip Reduction Plan Review Fee

3-231 Employer Trip Reduction Plan Appeal Fee

3-232 Account

3-233 Person

3-234 Delinquent Account

3-235 Statement

3-236 Overdue Account Balance

3-300 STANDARDS

3-301 Hearing Board Fees

3-302 Fees for New and Modified Sources

3-303 Back Fees

3-304 Replacement

3-305 Cancellation or Withdrawal

3-306 Change in Conditions

3-307 Transfers

3-308 Change of Location

3-309 Duplicate Permit

3-310 Fee for Constructing Without a Permit

3-311 Banking

3-312 Emission Caps and Alternative Compliance Plans

3-313 Experimental Exemptions

3-314 Deleted August 2, 1995

3-315 Costs of Environmental Documentation

3-316 Deleted June 6, 1990

3-317 Asbestos Operation Fee

3-318 Public Notice Fee, Schools

3-319 Major Stationary Source Fees

3-320 Toxic Inventory Fees

3-321 Employers

3-322 Aeration of Contaminated Soil and Removal of Underground Storage Tank Operation Fees

3-323 Pre-Certification Fees

3-324 Registered Inter-District Portable Equipment Fees

3-325 Minimum Monthly Payment

3-326 Overdue Account Fee

3-400 ADMINISTRATIVE REQUIREMENTS

3-401 Permits

3-402 Single Anniversary Date

3-403 Change in Operating Parameters

3-404 Exemptions

3-405 Deleted August 2, 1995

3-406 Deleted June 4, 1986

3-407 Deleted August 2, 1995

3-408 Permit to Operate Valid for 12 Months

3-409 Dry Cleaners

3-410 Deleted August 2, 1995

3-411 Advance Deposit of Funds

3-412 Billing

3-413 Toxic "Hot Spots" Information and Assessment Act Revenues

3-414 Actions Against Delinquent Accounts

3-415 Further Actions Against Delinquent Accounts

3-416 Adjustment of Fees

3-500 MONITORING AND RECORDS (None Included)

3-600 MANUAL OF PROCEDURES (None Included)


REGULATION 3
FEES


(Adopted June 18, 1980)

3-100 GENERAL

3-101

Description: This regulation establishes fees to be charged for Hearing Board filings, for permits, banking, experimental exemptions, renewal of permits, employee transportation survey processing, employer trip reduction plan review, employer trip reduction plan appeal, costs of environmental documentation, asbestos operations, air toxics inventories, and soil aeration and underground tank removals.

(Amended 7/6/83; 11/2/83; 2/21/90; 12/16/92; 8/2/95)

3-102 Deleted July 12, 1989
3-103 Exemption, Abatement Equipment: Fees shall not be required for any piece of equipment whose sole function is to reduce the emission of contaminants to the atmosphere from a new, modified, or exempt source. Installation, modification, or replacement of abatement equipment on existing sources are subject to fees pursuant to Section 3-302.3. All abatement equipment will be exempt from annual permit renewal fees. (Added June 18, 1980; Amended June 4, 1986; July 1, 1998)
3-104 Deleted August 2, 1995
3-105

Exemption, Aeration of Contaminated Soil and Removal of Underground Storage Tank Operation Fees: Fees shall not be required, pursuant to Section 3-322, for operations associated with the aeration of contaminated soil and the removal of underground storage tanks if one of the following is met:

105.1 The tank removal operation is being conducted within a jurisdiction where the APCO has determined that a public authority has a program equivalent to the District program and persons conducting the operations have met all the requirements of the public authority.

105.2 Persons submitting a written notification for a given site have obtained an Authority to Construct or Permit to Operate in accordance with Regulation 2, Rule 1, Section 301 or 302. Evidence of the Authority to Construct or the Permit to Operate must be provided with notification as required by Regulation 8, Rule 40, Section 401 or 402. (Adopted January 5, 1994)

3-106

Exemption, Employer Trip Reduction Fees: The employer fees listed in Schedule O shall not be collected by the APCO from any school district (K-12).

(Adopted March 15, 1995)

3-200 DEFINITIONS

3-201

Cancelled Application: Any application which has been withdrawn by the applicant or cancelled by the APCO for failure to pay fees or to provide the information requested to make an application complete.

(Added June 18, 1980; Amended June 4, 1986; April 6, 1988)

3-202 Gasoline Dispensing Facility: Any stationary facility which dispenses gasoline directly into the fuel tanks of vehicles, such as motor vehicles, aircraft or boats. The facility shall be treated as a single source which includes all necessary equipment for the exclusive use of the facility, such as nozzles, dispensers, pumps, vapor return lines, plumbing and storage tanks. (Amended February 20, 1985)
3-203

Filing Fee: A fixed fee for each source in an authority to construct.

(Added June 18, l980; Amended June 4, 1986)

3-204 Initial Fee: The fee required for each new or modified source based on the type and size of the source. The fee is applicable to new and modified sources seeking to obtain an authority to construct. Operation of a new or modified source is not allowed until the permit to operate fee is paid. (Added June 18, 1980; Amended June 4, 1986)
3-205

Authority to Construct: Written authorization from the APCO, pursuant to Section 2-1-301, for a source to be constructed or modified or for a source whose emissions will be reduced by the construction or modification of an abatement device.

(Amended June 4, 1986)

3-206 Modification: See Section 1-217 of Regulation 1. (Added June 18, 1980)
3-207

Permit to Operate Fee: The fee required for the annual renewal of a permit to operate or for the first year of operation (or prorated portion thereof) of a new or modified source which received an authority to construct. Annual fees are listed in Schedules B, C, D, E, F, H, I and K. This fee is applicable to all sources required to obtain permits to operate in accordance with District regulations. After the expiration of the initial permit to operate, the permit to operate shall be renewed on a yearly basis.

(Added June 18, 1980; Amended June 4, 1986; July 15, 1987)

3-208 Deleted June 4, 1986
3-209 Small Business: A business which meets all of the following conditions: The principal office must be in California; the officers must live in California; it must be independently owned and operated; it must not be dominant in its field of operation; it must not be an affiliate of a non-small business; if it is a non-manufacturer, it cannot employ over 25 persons nor can its annual receipts exceed $1 million; if it is a manufacturer, it cannot employ over 50 persons nor can its annual receipts exceed $5 million. (Added June 18, 1980; Amended June 4, 1986; June 6, 1990)
3-210

Solvent Evaporating Source: Any source utilizing organic solvent, as part of a process in which evaporation of the solvent is a necessary step. Such processes include, but are not limited to, solvent cleaning operations, painting and surface coating, rotogravure coating and printing, flexographic printing, adhesive laminating, etc. Manufacture or mixing of solvents or surface coatings is not included.

(Added June 18, 1980; Amended July 3, 1991)

3-211 Source: See Section 1-227 of Regulation 1. (Added June 18, 1980)
3-212 Deleted August 2, 1995
3-213

Major Stationary Source: For the purpose of Schedule M, a major stationary source shall be any District permitted plant, building, structure, stationary facility or group of facilities under the same ownership, leasehold, or operator which, in the base calendar year, emitted to the atmosphere organic compounds, oxides of nitrogen or oxides of sulfur, expressed as nitrogen dioxide and sulfur dioxide, respectively, in an amount calculated by the APCO equal to or exceeding 100 tons per year.

(Adopted November 2, 1983; Amended Feb. 21, 1990; June 6, 1990; Aug. 2, 1995)

3-214 Fabrication Area: A physically identifiable area in a semiconductor manufacturing facility where one or more specific operations in the fabrication of semiconductors or related solid state devices occurs. Semiconductor fabrication includes all processing from crystal growth through circuit separation and encapsulation. Examples of semiconductor operations are: crystal growth, diffusion operations, photoresist operations, and wafer processing. (Adopted January 9, 1985)
3-215 Solvent Station: Any operation in a semiconductor fabrication area whose primary purpose is to remove surface contaminants or excess photoresist using a liquid or vapor containing organic compounds. (Adopted January 9, 1985)
3-216 Wet Chemical Station: Any work station in a semiconductor fabrication area in which inorganic compounds (acids, bases, salts) and/or aqueous solutions containing less than 10% (by volume) of water soluble organic compounds are used. Examples of wet chemical operations are: etching, chemical milling, tube cleaning, and acid cleaning and stripping. (Adopted January 9, 1985)
3-217 Siliconizing Reactor: A semiconductor processing unit used for growing or depositing silicon on wafers. (Adopted January 9, 1985)
3-218 Chemical Vapor Deposition Reactor: A semiconductor processing unit used for deposition on non-metallic layers such as silicon nitride and silicon dioxide on wafers. A vacuum deposition reactor is a reactor that is operated at a pressure well below atmospheric. (Adopted January 9, 1985)
3-219 Diffusion Furnace: A semiconductor processing unit used for deposition and/or diffusion dopants. (Adopted January 9, 1985)
3-220 Alloy and Annealing Furnaces: Semiconductor processing units used for wafer heat treatment processes. (Adopted January 9, 1985)
3-221 Oxidation Furnace: A semiconductor processing unit used to oxidize the surface layer of a wafer. (Adopted January 9, 1985)
3-222

Photoresist Line: Semiconductor manufacturing equipment used to apply, develop and bake photoresist. Process includes preparation (except primary cleaning), soft bake, develop and hard bake.

222.1 Photoresist Applicator: A semiconductor processing unit used to coat wafers with photoresist. Where multiple applicators (spinners) are enclosed in a single piece of equipment, each applicator will be counted for permit purposes.

222.2 Photoresist Developer: A semiconductor processing unit used to develop the photoresist after the photolithographic process. Where multiple developers are enclosed in a single piece of equipment, each developer will be counted for permit purposes. (Adopted January 9, 1985)

3-223 Start-up Date: Date when new or modified equipment under an authority to construct begins operating. The holder of an authority to construct is required to notify the APCO of this date at least 3 days in advance. For new sources, or modified sources whose authorities to construct have expired, operating fees are charged from the startup date. (Adopted June 4, 1986; Amended June 6, 1990)
3-224

Permit to Operate: Written authorization from the APCO pursuant to Section 2-1-302. A permit to operate expires one year after issuance unless specified otherwise.

(Adopted June 4, 1986)

3-225 Minor Modification: Any physical change or alteration to a source listed on Schedules G-3 or G-4 that will not increase emissions of any air contaminant. Such modifications may include alterations to improve energy and operational efficiency and those that reduce emissions. Alterations to increase actual or maximum production capacity shall not be considered minor modifications. Final determination of the applicability of this section shall be made by the APCO. (Adopted June 6, 1990)
3-226 Air Toxics "Hot Spots" Information and Assessment Act of 1987: The Air Toxics "Hot Spots" Information and Assessment Act of 1987 directs the California Air Resources Board and the Air Quality Management Districts to collect information from industry on emissions of potentially toxic air pollutants and to inform the public about such emissions and their impact on public health. It also directs the Air Quality Management District to collect fees sufficient to cover the necessary state and District costs of implementing the program. (Adopted October 21, 1992)
3-227 Toxic Air Pollutant: For the purpose of this fee regulation, a "toxic air pollutant" is any air pollutant that is included in the District's list of Toxic Air Pollutants and Emission Weighting Factors (Schedule N). (Adopted October 21, 1992)
3-228

Employer: See Section 13-1-212 of Regulation 13, Rule 1.

(Adopted December 16, 1992)

3-229 Employee Transportation Survey Processing Fee: A fee paid at the time of submittal of the employee transportation survey forms required by Regulation 13. The employee transportation survey processing fee is listed in Schedule O. This fee is applicable to all employers required to conduct employee transportation surveys and who submit these survey forms to the APCO for processing pursuant to Regulation 13. (Adopted December 16, 1992)
3-230 Employer Trip Reduction Plan Review Fee: A fee paid at the time of submittal of an Employer Trip Reduction Plan pursuant to Section 13-1-408 of Regulation 13, Rule 1. This fee applies both at the time of initial submittal as well as subsequent updates. This fee does not apply to the resubmittal of a disapproved Employer Trip Reduction Plan. The employer trip reduction plan review fee is listed in Schedule O. This fee is applicable to all employers required to submit Employer Trip Reduction Plans pursuant to Regulation 13. (Adopted December 16, 1992)
3-231

Employer Trip Reduction Plan Appeal Fee: A fee paid at the time of a disapproved Employer Trip Reduction Plan pursuant to Section 13-1-409. The employer trip reduction plan appeal fee is listed in Schedule O. This fee is applicable to all employers who file appeals of disapproved Employer Trip Reduction Plans.

(Adopted December 16, 1992)

3-232 Account: An itemization of all fees assessed to and payments received from a person. (Adopted August 2, 1995)
3-233

Person: For the purpose of this Regulation, a person shall be as defined in Regulation 1-221, who is subject to any District fee requirement.

(Adopted August 2, 1995)

3-234 Delinquent Account: An account for which the minimum monthly payment has not been received by the due date on the monthly statement. (Adopted August 2, 1995)
3-235

Statement: A statement of a personís account activity for the past 30 days, including total account balance, overdue account balance and a minimum monthly payment.

(Adopted August 2, 1995)

3-236

Overdue Account Balance: The sum of all fees not received by the District on or before the specified due date on the monthly account statement.

(Adopted August 2, 1995)

3-300 STANDARDS

3-301 Hearing Board Fees: Applicants for variances or those seeking to revoke or modify variances shall pay the applicable fees set forth in Schedule A.
3-302

Fees for New and Modified Sources: Applicants for authorities to construct and permits to operate new sources shall pay a filing fee of $172 per source plus the initial fee and the permit to operate fee given in Schedules B, C, D, E, F, H, I or K. Applicants for authorities to construct and permits to operate modified sources shall pay a filing fee of $172 per source plus the initial fee and any incremental increase in permit to operate fees given in Schedules B, C, D, E, F, H, I or K. Where more than one of the schedules is applicable to a source, the fee paid shall be the highest of the applicable schedules. Except for sources covered by Schedules D.1. and H, the size to be used for a source when applying the schedules shall be the maximum size the source will have after the construction or modification.

302.1 An applicant who qualifies as a small business shall pay one half of the filing fee and, if the source falls under schedules B, C, D.3., E, F, H, I or K, one half of the initial fee and the full permit to operate fee. If the source falls under schedule D.1., the applicant shall pay the full filing fee, the full initial fee and the permit to operate fee.

302.2 Deleted July 3, 1991

302.3 Applicants for an authority to construct and permit to operate abatement equipment where there is no other modification to the source shall pay a $172 filing fee and an initial fee equivalent to 50% of the initial fee for the source being abated. For abatement devices abating more than one source, the initial fee shall be 50% of the initial fee for the source having the highest initial fee.

302.4 Applicants for a Permit to Operate reactivated, previously permitted equipment shall pay the full filing, initial, and permit fees.

302.5 Applicants for minor modifications to permitted sources subject to Schedules G-3 or G-4 shall pay filing fees and the initial and permit to operate fees specified under Schedule G-2. Permit renewal fees will continue to be charged under Schedules G-3 and G-4.

(Amended 5/19/82; 7/6/83; 6/4/86; 7/15/87; 6/6/90; 7/3/91; 6/15/94; 10/8/97; 7/1/98)

3-303

Back Fees: An applicant required to obtain a permit to operate existing equipment in accordance with District regulations shall pay back fees equal to the permit to operate fees given in the appropriate Schedule (B, C, D, E, F, H, I or K) prorated from the effective date of permit requirements. Where more than one of these schedules is applicable to a source, the fee paid shall be the highest of the applicable schedules. The maximum back fee shall not exceed five years' permit fees.

(Added 6/18/80; Amended 5/19/82; 7/6/83; 6/4/86; 7/15/87, 6/6/90; 7/3/91; 10/8/97)

3-3033

Back Fees: An applicant required to obtain a permit to operate existing equipment in accordance with District regulations shall pay back fees equal to the permit to operate fees given in the appropriate Schedule (B, C, D, E, F, H, I or K) prorated from the effective date of permit requirements. Where more than one of these schedules is applicable to a source, the fee paid shall be the highest of the applicable schedules. The maximum back fee shall not exceed five years' permit fees.

(Added 6/18/80; Amended 5/19/82; 7/6/83; 6/4/86; 7/15/87, 6/6/90; 7/3/91; 10/8/97)

3-304

Replacement: Applicants who are replacing sources or equipment with non-identical equipment will pay the filing fee plus the initial fee and the permit to operate fee. For replacement with identical equipment only the filing fee will be paid.

(Added June 18, 1980; Amended June 4, 1986)

3-305

Cancellation or Withdrawal: There will be no refund of initial and filing fees if an application is cancelled or withdrawn. However, if an application for identical equipment is submitted within six months of the date of cancellation or withdrawal, the initial fee will be credited in full against the fee for the new application.

(Added 6/18/80; Amended 7/6/83; 4/6/88; 10/8/97)

3-306

Change in Conditions: If an applicant applies to change the conditions on an existing authority to construct or permit to operate, the applicant will pay the following fees. There will be no change in anniversary date.

306.1 Increases in Throughput: An applicant applying only for an increase in throughput of a material shall pay a fee equal to the applicable Permit to Operate fee, provided the following criteria are met:

1.1 Increased throughput does not trigger any District Regulation or requirements not triggered by the original application.

1.2 The increased throughput does not require a new or additional risk screen for toxic compounds.

1.3 The increased throughput does not exceed the level for minimum permit fees under the applicable fee schedule.

306.2 Other Condition Changes: Applicant shall pay the filing and initial fees required for new and modified equipment under Section 3-302.

(Added 6/18/80; Amended 7/6/83; 6/4/86; 6/6/90; 10/8/97)

3-307

Transfers: The owner/operator of record is the person to whom a permit is issued or, if no permit has yet been issued to a facility, the person who applied for a permit. Permits are valid only for the owner/operator of record. Permits are re-issued to the new owner/operator of record with no change in expiration dates.

(Added 6/18/80; Amended 2/20/85; 6/4/86; 11/5/86; 4/6/88; 10/8/97)

3-308 Change of Location: An applicant who wishes to move an existing source which has a permit to operate shall pay no fee if the move is on the same facility. The applicant shall pay the filing fee, the initial fee and permit to operate fee if the move is not on the same facility. (Added June 18, 1980; Amended July 6, 1983; June 4, 1986)
3-309 Duplicate Permit: An applicant for a duplicate permit to operate shall pay a fee of $20.00 per permit. (Added June 18, 1980)
3-310

Fee for Constructing Without a Permit: An applicant for an authority to construct and a permit to operate a source which has been constructed without an authority to construct shall pay the following fees:

310.1 Sources subject to permit requirements on the date of initial operation shall pay fees for new construction pursuant to Section 3-302, any back fees pursuant to Section 3-303 and a late fee equal to 100% of the initial fee. A source falling under Schedule D.1 that is not required to pay an initial fee shall pay a fee equal to 100% of the filing fee.

310.2 Sources previously exempt from permit requirements which lose their exemption due to changes in District, state, or federal regulations shall pay a permit to operate fee for the coming year and any back fees pursuant to Section 3-303.

310.3 Sources previously exempt from permit requirements which lose their exemption due to a change in the manner or mode of operation, such as an increased throughput, shall pay fees for new construction pursuant to Section 3-302. In addition, sources applying for permits after commencing operation in a non-exempt mode shall also pay a late fee equal to 100% of the initial fee and any back fees pursuant to Section 3-303.

(Amended 7/6/83; 4/18/84; 6/4/86; 6/6/90; 7/3/91; 8/2/95; 10/8/97)

3-311

Banking: Any applicant who wishes to bank emissions for future use shall pay a filing fee of $172 per source plus the initial fee given in Schedules B, C, D, E, F, H, I or K. Where more than one of these schedules is applicable to a source, the fee paid shall be the highest of the applicable schedules. Any applicant for the withdrawal of banked emissions shall pay a fee of $172

(Amended 6/6/83; 6/4/86; 7/15/87; 7/3/91; 6/15/94; 7/1/98)

3-312

Emission Caps and Alternative Compliance Plans: Any facility which elects to use an alternative compliance plan contained in Regulation 8 ("bubble") to comply with a District emission limitation or to use an annual or monthly emission limit to acquire a permit in accordance with the provisions of Regulation 2, Rule 2, shall pay an additional annual fee equal to fifteen percent of the total plant permit to operate fee.

(Added May 19, 1982; Amended June 4, 1986)

3-313

Experimental Exemptions: Any applicant for an experimental exemption under Section 1-111 shall pay a fee of $345 plus the initial fee given in Schedules B, C, D, E, F, H, I or K. Where more than one of these schedules is applicable to a source, the fee paid shall be the highest of the applicable schedules.

(Adopted 7/6/83; Amended 6/4/86; 7/15/87; 7/3/91; 6/15/94; 7/1/98)

3-314 Deleted, August 2, 1995
3-315

Costs of Environmental Documentation: An applicant for an Authority to Construct a project for which the District is a lead agency under the California Environmental Quality Act (Public Resources Code, Section 21000, et seq.) shall pay, in addition to the fees required under Section 3-302 and in any applicable schedule, the District's costs of performing all environmental evaluation required pursuant to the California Environmental Quality Act, the District's costs in preparing any environmental study or Environmental Impact Report (including the costs of any outside consulting assistance which the District may employ in connection with the preparation of any such study or report), as well as the District's reasonable internal costs (including overhead) of processing and reviewing the required environmental documentation.

(Adopted December 18, 1985)

3-316 Deleted June 6, 1990
3-317

Asbestos Operation Fees: After July 1, 1988, persons submitting a written plan, as required by Regulation 11, Rule 2, Section 401, to conduct an asbestos operation shall pay the fee given in Schedule L.

(Adopted July 6, 1988; Renumbered Sept. 7, 1988, Amended Aug. 2, 1995)

3-318

Public Notice Fee, Schools: Pursuant to Section 42301.6(b) of the Health and Safety Code, an applicant for an authority to construct or permit to operate subject to the public notice requirements of Regulation 2-1-412 or 2-2-412 shall pay, in addition to the fees required under Section 3-302 and in any applicable schedule

318.1 a minimum fee of $785 per application, and

318.2 the District's cost exceeding $785 of preparing and distributing the public notice to the affected persons specified in Regulation 2-1-412 or 2-2-412.

(Adopted November 1, 1989; Amended October 8, 1997; July 1, 1998)

3-319 Major Stationary Source Fees: Any major stationary source emitting 100 tons per year of organic compounds, sulfur oxides, or nitrogen oxides shall pay a fee based on Schedule M. This fee is in addition to permit and other fees otherwise authorized to be collected from such facilities and shall be included as part of the annual permit renewal fees. (Adopted June 6, 1990, Amended Aug. 2, 1995)
3-320

Toxic Inventory Fees: Any stationary source that emits one or more potentially toxic air pollutants (listed in Schedule N) in quantities above a minimum threshold level shall pay an annual fee based on Schedule N. This fee will be in addition to permit to operate and other fees otherwise authorized to be collected from such facilities.

320.1 An applicant who qualifies as a small business under Regulation 3-209 shall pay a Toxic Inventory Fee as set out in Schedule N up to a maximum fee of $5,000 per year. (Adopted October 21, 1992)

3-321

Employers: Employers subject to the requirements of Regulation 13 shall pay all applicable fees based on Schedule O. These fees are in addition to permit and other fees authorized to be collected from facilities owned and operated by the employer.

(Adopted Dec. 16, 1992, Amended Aug. 2, 1995)

3-322 Aeration of Contaminated Soil and Removal of Underground Storage Tank Operation Fees: Persons submitting a written notification for a given site to conduct either aeration of contaminated soil or removal of underground storage tanks as required by Regulation 8, Rule 40, Section 401 or 402, shall pay a fee based on Schedule Q. (Adopted January 5, 1994, Amended Aug. 2, 1995)
3-323 Pre-Certification Fees: An applicant seeking to pre-certify a source, in accordance with Regulation 2, Rule 1, Section 415, shall pay the filing fee, initial fee and permit to operate fee given in the appropriate schedule. (Adopted June 7, 1995)
3-324 Registered Inter-District Portable Equipment Fees: For a portable source that is initially registered in this District under the CAPCOA Portable Equipment Registration Rule, the owner or operator shall pay a registration fee equal to the applicable filing, initial and permit to operate fees, described in the applicable fee schedule of Regulation 3. For a portable source that is initally registered in another participating District, the owner or operator shall pay a registration fee equal to the permit to operate fee, described in the applicable fee schedule of Regulation 3. Sources still operating within the District twelve months following the date of initial operation, shall pay an annual registration fee equal to the permit to operate fee, described in the applicable fee schedule of Regulation 3. (Adopted June 7, 1995)
3-325

Minimum Monthly Payment: A person shall pay a minimum monthly payment. The minimum monthly payment shall not exceed the overdue account balance. The minimum monthly payment shall be the sum of the following:

325.1 The unpaid portion ot the previous monthís minimum monthly payments; and

325.2 Any overdue account fee assessed pursuant to Section 3-326; and

325.3 20% of the account balance or $300.00, whichever is greater.

325.4 For any account which has remained delinquent for more than one month, the minimum payment shall be the entire account balance.

325.5 For any account that has been designated by the APCO pursuant to Section 3-415.4, the minimum payment shall be the entire account balance.

(Adopted August 2, 1995)

3-326 Overdue Account Fee: Any person with an overdue account will be assessed a fee equal to one and one-half percent (1.5%) of the overdue account balance. The fee will be added to a personís account monthly. (Adopted August 2, 1995)

3-400 ADMINISTRATIVE REQUIREMENTS

3-401 Permits: Definitions, standards, and conditions contained in Regulation 2, Permits, are applicable to this regulation. (Added June 18, 1980)
3-402 Single Anniversary Date: The APCO may assign a single anniversary date to a facility on which all its renewable permits to operate expire and will require renewal. Fees will be prorated to compensate for different time periods resulting from change in anniversary date. (Added June 18, 1980)
3-403

Change in Operating Parameters: See Section 1-404 of Regulation 2.

(Added June 18, 1980)

3-404 Exemptions: No fee is required for any source listed as exempted in Regulation 2, Sections 1-111 and 1-112. (Added June 18, 1980)
3-405

3-406

3-407
Deleted August 2, 1995

Deleted June 4, 1986

Deleted August 2, 1995
3-408

Permit to Operate Valid for 12 Months: A Permit to Operate is valid for 12 months from the date of issuance or other time period as approved by the APCO. A permit to operate fee is required annually for renewal of the permit to operate.

(Added June 18, 1980; Amended June 4, 1986)

3-409 Dry Cleaners: For the purpose of calculating permit fees the APCO shall consider a dry cleaner facility one source governed by Schedule I. (Adopted July 6, 1983)
3-410 Deleted August 2, 1995
3-411

Advance Deposit of Funds: The APCO may require that at the time of the filing of an application for an Authority to Construct for a project for which the District is a lead agency under the California Environmental Quality Act (Public Resources Code, Section 21000, et seq.), the applicant shall make an advance deposit of funds, in an amount to be specified by the APCO, to cover the costs which the District estimates to incur in connection with the District's performance of its environmental evaluation and the preparation of any required environmental documentation. In the event the APCO requires such an estimated advance payment to be made, the applicant will be provided with a full accounting of the costs actually incurred by the District in connection with the Districtís performance of its environmental evaluation and the preparation of any required environmental documentation.

(Adopted Dec. 18, 1985, Amended Aug. 2, 1995)

3-412 Billing: The APCO shall invoice a person for all unpaid fees on a monthly basis. If a modified source starts up with time remaining on its former permit to operate, no additional operating fees are charged, and the old anniversary date will be retained on the new permit to operate. (Adopted June 4, 1986, Amended Aug. 2, 1995)
3-413

Toxic "Hot Spots" Information and Assessment Act Revenues: No later than 120 days after the adoption of this regulation, the APCO shall transmit to the California Air Resources Board, for deposit into the Air Toxics "Hot Spots" Information and Assessment Fund, the revenues determined by the ARB to be the District's share of statewide Air Toxics "Hot Spot" Information and Assessment Act expenses.

(Adopted October 21, 1992)

3-414

Actions Against Delinquent Accounts: When an account has become delinquent the APCO will initiate action against the customer. Actions will include, but are not limited to the following:

414.1 Cancellation of any application for an Authority to Construct or Permit to Operate. The application will be restored upon payment.

414.2 Revocation of any authorization to conduct an asbestos operation or tank removal. (Adopted August 2, 1995)

3-415

Further Actions Against Delinquent Accounts: In addition to the remedies provided in Section 3-414, the APCO may take the following additional actions:

415.1 Issuance of a Notice of Violation.

415.2 Revocation of an existing Permit to Operate. The APCO shall initiate proceedings to revoke permits to operate for any person whose account remains delinquent for more than one month. The revocation process shall continue until payment in full is made or until permits are revoked.

415.3 The withholding of any other services as deemed appropriate until payment in full is made.

415.4 The APCO may require payment in full for all future services.

(Adopted August 2, 1995)

3-416

Adjustment of Fees: The APCO or designees may, upon finding administrative error by District staff in the calculation, imposition, noticing, invoicing, and/or collection of any fee set forth in this rule, rescind, reduce, increase, or modify the fee. A request for such relief from an administrative error, accompanied by a statement of why such relief should be granted, must be received within two years from the date of payment.

(Adopted October 8, 1997)


SCHEDULE A
HEARING BOARD FEES
1

Established by the Board of Directors December 7, 1977 Resolution No. 1046

(Code section references are to the California Health & Safety Code, unless otherwise indicated)

 

    Large Companies Small Business2

1.

    For each application for variance exceeding 90 days, in accordance with §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

    Plus, for each hearing in addition to the first hearing necessary to dispose of said variance application in accordance with §42350, the additional sum of




$400


$150




$100


$50

2.

    For each application for variance not exceeding 90 days, in accordance with §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

    Plus, for each hearing in addition to the first hearing necessary to dispose of said variance application, in accordance with §42350, the additional sum of




$300


$150




$100


$50

3.

    For each application to modify a variance in accordance with §42356

    Plus, for each hearing in addition to the first hearing on said application to modify a variance, in accordance with §42345, necessary to dispose of the application, the additional sum of

$200



$150

$50



$50

4.

    For each application to extend a variance, in accordance with §42357

    Plus, for each hearing in addition to the first hearing on an application to extend a variance, in accordance with §42357, necessary to dispose of the application, the additional sum of

$250



$200

$50



$50

5.

    For each application to revoke a variance

$50

$50

6.

    For each application for approval of a Schedule of Increments of Progress in accordance with §41703


$50


$0

7.

    For each application for variance in accordance with §41703, which exceeds 90 days

    Plus, for each hearing in addition to the first hearing on said application for variance in accordance with §41703, the additional sum of


$400


$150


$100


$50

8.

    For each application for variance in accordance with §41703, not to exceed 90 days

    Plus, for each hearing in addition to the hearing on said application for a variance in accordance with §41703, the additional sum of


$300


$150


$100


$50

9.

    For each application for relief in accordance with Regulation 2 - Permit Appeals


$50


$50

10.

    (Deleted November 17, 1982)

   

11.

    For each published Notice of Public Hearing

Cost of Publication

$0

12.

    Court Reporter Fee

$75

$0

 

NOTE 1 - Any person who certifies under penalty of perjury that payment of the foregoing fees will cause an unreasonable hardship, may be excused from the payment of fees by order of the Hearing Board on that account.

NOTE 2 - For the purposes of this schedule only, a small business shall be any business with ten or less employees and a maximum annual gross income of less than $2.5 million.

(Amended October 8, 1997)

   


SCHEDULE B

COMBUSTION OF FUEL

(Amended June 18, 1980)

 

For each source which burns fuel, which is not a flare, and which is not exempted by Regulation 2, Rule 1, the fee shall be computed based on the maximum gross combustion capacity of the source. (Amended October 15, 1980)

  1. INITIAL FEE: $24.10 per MM BTU/HOUR
    1. All ratings rounded to the nearest MM BTU/Hr
    2. The minimum fee per source is $121
    3. The maximum fee per source is $45,930

    (Amended 6/5/85; 6/4/86; 6/6/90; 7/3/91; 6/15/94; 7/1/98)

  2. PERMIT TO OPERATE FEE: $12.05 per MM BTU/HOUR
    1. All ratings rounded to the nearest MM BTU/HR
    2. The minimum fee per source is $87
    3. The maximum fee per source is $22,965

      (Amended 6/5/85; 6/4/86; 6/6/90; 7/3/91; 6/15/94; 7/1/98)

  3. Fees for each source will be rounded to the nearest dollar) The fee for sources will be rounded up to the nearest dollar for 51 cents and above, and amounts 50 cents and lower will be rounded down to the nearest dollar. (Adopted June 5, 1985)
  4. Toxic Surcharge Fee: The initial fee shall be doubled and the permit to operate fee shall be raised by ten percent, for sources which emit one or more toxic air contaminant (TAC), identified by the Air Resources Board, at a rate which exceeds the trigger levels listed in Table 2-1-316 of Regulation 2, Rule 1. This fee shall not be assessed for TACs not listed in Table 2-1-316.

    (Adopted June 4, 1986; Amended October 8, 1997)

  5. Applicants for an authority to construct and permit to operate a project which burns municipal waste or refuse-derived fuel, shall pay in addition to all required fees, an additional fee to cover the costs incurred by the State Department of Health Services, and/or a qualified contractor designated by the State Department of Health Services, in reviewing a risk assessment as required under H&S Code Section 42315) The fee shall be transmitted by the District to the Department of Health Services and/or the qualified contractor upon completion of the review and submission of comments in writing to the District. (Adopted March 4, 1987)
  6. A surcharge equal to 100% of all required initial and permit to operate fees shall be charged for sources permitted to burn one or more of the following fuels: coke, coal, wood, tires, black liquor, and municipal solid waste. (Adopted June 6, 1990)

 

NOTE: MM BTU is million BTU
One MM BTU/HR = 1.06 gigajoules/HR


 

SCHEDULE C

STATIONARY CONTAINERS FOR

THE STORAGE OF ORGANIC LIQUIDS

(Amended June 18, 1980)

 

For each stationary container of organic liquids which is not exempted from permits by Regulation 2 and which is not part of a gasoline dispensing facility, the fee shall be computed based on the container volume, as follows: (Amended June 18, 1980, February 20, 1985)

  1. INITIAL FEE : .12 cents per gallon
    1a. The minimum fee per source is $121
    1b. The maximum fee per source is $18,080
    (Amended 6/18/80, 2/20/85, 6/5/85, 6/4/86, 7/3/91, 6/15/94, 7/1/98)
  2. PERMIT TO OPERATE FEE: .06 cents per gallon
    2a. The minimum fee per source is $87
    2b. The maximum fee per source is $9040
    (Amended 6/18/80, 2/20/85, 6/5/85, 6/4/86, 7/3/91, 6/15/94, 7/1/98)
  3. Fees for each source will be rounded to the nearest dollar. The fee for sources will be rounded up to the nearest dollar for 51 cents and above, and amounts 50 cents and lower will be rounded down to the nearest dollar. (Adopted June 5, 1985)
  4. Toxic Surcharge Fee: The initial fee shall be doubled and the permit to operate fee shall be raised by ten percent, for sources which emit one or more toxic air contaminant (TAC), identified by the Air Resources Board, at a rate which exceeds the trigger levels listed in Table 2-1-316 of Regulation 2, Rule 1. This fee shall not be assessed for TACs not listed in Table 2-1-316.

(Adopted June 4, 1986; Amended October 8, 1997)


 

 

SCHEDULE D

GASOLINE TRANSFER AT GASOLINE DISPENSING

FACILITIES,

BULK PLANTS AND TERMINALS

(Amended June 18, 1980)

 

1. All gasoline dispensing facilities shall pay the following fees:

1a. INITIAL FEE: $55 per single product nozzle (spn)
  $55 per product for each multi-product nozzle (mpn)
1b. PERMIT TO OPERATE FEE: $21 per single product nozzle (spn)
    $21 per product for each multi-product nozzle (mpn)

(Amended 2/20/85; 6/5/85; 6/4/86; 7/3/91; 6/15/94; 10/8/97; 7/1/98)

Modifications at a currently permitted gasoline dispensing facility shall pay the following fees with no change to the facilities' expiration date:

1c.

MODIFICATION FEE:

$76 × {[(mpnproposed)(products per nozzle) + spnproposed] Ė

[(mpnexisting)(products per nozzle) + spnexisting]}

mpn = multi-product nozzles

spn = single product nozzles

If the above formula yields zero or negative results, no modification fee shall be charged. These projects shall pay a filing fee only.

For the purposes of calculating the above fees, a fuel blended from two or more different grades shall be considered a separate product.

Other modifications to facilities' equipment, including but not limited to tank addition/replacement/conversion, vapor recovery piping replacement, moving or extending pump islands, will pay a filing fee only.

(Added 6/4/86; Amended 7/3/91; 6/15/94; 10/8/97; 7/1/98)

2. Nozzles used exclusively for the delivery of diesel fuel or other fuels exempt from per mits shall pay no fee. Multi-product nozzles used to deliver both exempt and non-exempt fuels shall pay fees for the non-exempt products only. (Amended October 8, 1997)

3. All bulk plants, terminals or other facilities using loading racks to transfer gasoline or gasohol into trucks, railcars or ships shall pay the following fees:

3a. INITIAL FEE: $720 per single product loading arm

$720 per product for multi-product arms
3b. PERMIT TO OPERATE FEE:

$200 per single product loading arm

$200 per product for multi-product arms

(Amended 6/5/85; 6/4/86; 7/3/91; 6/15/94; 10/8/97; 7/1/98)

4. Fees in (1) above are in lieu of tank fees. Fees in (3) above are in addition to tank fees.

(Amended June 18, 1980; February 20, 1985; June 5, 1985)

5. Fees for each source will be rounded to the nearest dollar. The fee for sources will be rounded up to the nearest dollar for 51 cents and above, and amounts 50 cents and lower will be rounded down to the nearest dollar.

(Adopted June 5, 1985; Amended October 8, 1997)

6. The initial fee and the permit to operate fee have been raised for the above sources which emit benzene, a toxic air contaminant identified by the Air Resources Board.

(Adopted June 4, 1986)

 


SCHEDULE E

SOLVENT EVAPORATING SOURCES

(Adopted June 18, 1980)

 

For each solvent evaporating source, as defined in Section 3-210 except for dry cleaners, the fee shall be computed based on the net amount of organic solvent processed through the sources on an annual basis (or anticipated to be processed, for new sources) including solvent used for the cleaning of the sources.

(Amended May 19, 1982; October 17, 1984; June 4, 1986; July 3, 1991)

1.

INITIAL FEE:

$121 if usage is not more than 1,000 gal/yr.
$240 per 1,000 gallons if usage is more than 1,000 gal/yr.

1a. The minimum fee per source is $121

1b. The maximum fee per source is $9645

(Amended 5/19/82; 10/17/84; 6/5/85; 6/4/86; 7/3/91; 6/15/94; 7/1/98)

2.

PERMIT TO OPERATE FEE:

$87 if usage is not more than 1,000 gal/yr.
$121 per 1,000 gallons if usage is more than 1,000 gal/yr.

2a. The minimum fee per source is $87

2b. The maximum fee per source is $4825

(Amended 5/19/82; 10/17/84; 6/5/85; 6/4/86; 7/3/91; 6/15/94; 7/1/98)

3. Fees for each source will be rounded to the nearest dollar. The fee for sources will be rounded up to the nearest dollar for 51 cents and above, and amounts 50 cents and lower will be rounded down to the nearest dollar. (Adopted June 5, 1985)
4.

Toxic Surcharge Fee: The initial fee shall be doubled and the permit to operate fee shall be raised by ten percent, for sources which emit one or more toxic air contaminant (TAC), identified by the Air Resources Board, at a rate which exceeds the trigger levels listed in Table 2-1-316 of Regulation 2, Rule 1. This fee shall not be assessed for TACs not listed in Table 2-1-316.

(Adopted June 4, 1986; Amended October 8, 1997)

 


SCHEDULE F

MISCELLANEOUS SOURCES

(Adopted June 18, 1980)

 

For each source not governed by Schedules B, C, D, E, H or I, the initial fee is $121 and the permit to operate fee is $87, except for those sources in the special classification lists below:

(Amended 5/19/82; 6/5/85; 6/4/86; 7/3/91; 6/15/94; 7/1/98)

List of special classifications requiring graduated fees is shown in Schedules G-1, G-2, G-3, and G-4.

  1. FEE FOR SCHEDULE G-1
    The initial fee is $720
    The permit to operate fee is $360
    (Amended June 5, 1985; June 4, 1986; July 3, 1991; June 15, 1994; July 1, 1998)
  2. FEE FOR SCHEDULE G-2
    The initial fee is $1440
    The permit to operate fee is $720
    (Adopted June 6, 1990; Amended July 3, 1991; June 15, 1994; July 1, 1998)
  3. FEE FOR SCHEDULE G-3
    The initial fee is $12,060
    The permit to operate fee is $6,030
    (Amended 5/19/82; 6/5/85; 6/4/86; 7/3/91; 6/15/94; 7/1/98; Renumbered 6/6/90)
  4. FEE FOR SCHEDULE G-4
    The initial fee is $34,440
    The permit to operate fee is $17,220
    (Adopted June 6, 1990; Amended July 3, 1991; June 15, 1994; July 1, 1998)
  5. Fees for each source will be rounded to the nearest dollar. The fee for sources will be rounded up to the nearest dollar for 51 cents and above, and amounts 50 cents and lower will be rounded down to the nearest dollar. (Adopted June 5, 1985)
  6. Toxic Surcharge Fee: The initial fee shall be doubled and the permit to operate fee shall be raised by ten percent, for sources which emit one or more toxic air contaminant (TAC), identified by the Air Resources Board, at a rate which exceeds the trigger levels listed in Table 2-1-316 of Regulation 2, Rule 1. This fee shall not be assessed for TACs not listed in Table 2-1-316.

(Adopted June 4, 1986; Amended October 8, 1997)

 


SCHEDULE G-1

(Added June 18, 1980)

 

CODE DESCRIPTION

1019 FOOD/AG Dryer-Spray
3041 MTGL/SEC Foil rolling
3042 MTGL/SEC Galvanizing
4020 MINERL Asphalt dipping
4032 MINERL Crushing
4038 MINERL Glass Mfg - batching
4041 MINERL Glass Mfg - mixing
4042 MINERL Glass Mfg - molten holding tanks
4044 MINERL Grinding - cement
5001 PET REF Asphalt oxidizer
5004 PET REF Catalytic reforming
5010 PET REF Fluid Coking - storage
5022 PET REF Hydrotreating/hydrofining
5026 PET REF Hydrogen mfg
5027 PET REF Distillation - crude (< 1 Mbbl/hr)
5028 PET REF Distillation - other
5029 PET REF Solvent extraction
5031 PET REF Isomerization
5993 PET REF Other/petroleum unit not specified (coke)
5995 PET REF Other/petroleum unit not specified (feedstock)
6000-6999 INCINERATION  
7003 CHEM/MISC-DRY Spray dryer
7024 CHEM/MISC Calcining - other
7050 CHEM/MISC Sulfuric acid mfg - other/not specified
7XXX CHEM/MISC Latex Dipping

(Added 6/18/80; Amended 6/4/86; June 6, 1990)

 

SCHEDULE G-2

(Adopted June 6, 1990)

 

CODE DESCRIPTION

2059 MTGL/PRI

Pickling

3021 MTGL/SEC

Reverb - other

3022 MTGL/SEC

Reverb - sweat

3053 MTGL/SEC

Rolling

3059 MTGL/SEC

Reverb - rotary

4011 MINERL

Elec induction furnace

4012 MINERL

Electric furnace

4016 MINERL

Soda lime genl furnace (glass mfg.)

4019 MINERL

Asphalt blowing

4029 MINERL

Concrete batching - general

5017 PET REF

Oil-Water separator

5XXX PET REF

Refinery wastewater storage ponds

5XXX PET REF

Coke storage piles (open)

7082 CHEM/MISC

Sulfate pulping - blow tank accumulator

7083 CHEM/MISC

Sulfate pulping - fluidbed calciner

7084 CHEM/MISC

Sulfate pulping - liquor oxidation tower

7085 CHEM/MISC

Sulfate pulping - mult-eff evaporating

7086 CHEM/MISC

Sulfate pulping - smelt dissolv tank

7087 CHEM/MISC

Sulfate pulping - tupertine condenser

7088 CHEM/MISC

Sulfate pulping - washer/screen

7089 CHEM/MISC

Sulfate pulping - other/not specified

7090 CHEM/MISC

Sulfite pulping - digester

7091 CHEM/MISC

Sulfite pulping - evaporator

7092 CHEM/MISC

Sulfite pulping - liquor recovery

7093 CHEM/MISC

Sulfite pulping - pulp digester

7094 CHEM/MISC

Sulfite pulping - smelt tank

7095 CHEM/MISC

Sulfite pulping - other/not specified

(Adopted, June 6, 1990)

 

SCHEDULE G-3

(Added June 18, 1980, Amended and Renumbered June 6, 1990)

 CODE DESCRIPTION

2019 MTGL/PRI

Electric induction furnace

2021 MTGL/PRI

Electric arc furnace - oxygen lanced

3012 MTGL/SEC

Electric arc furnace

5021 PET REF

Hydrocracking

5027 PET REF

Crude distillation (> 1 Mbbl/hr)

5XXX PET REF

Marine Loading/unloading Berths

7065 CHEM/MISC

Phosphoric acid manufacturing - thermal process

7066 CHEM/MISC

Phosphoric acid manufacturing - wet process

7XXX CHEM/MISC

Phosphoric acid manufacturing - other

(Added June 18, 1980; Amended May 19, 1982; Amended June 6, 1990)

 


SCHEDULE G-4

(Adopted June 6, 1990)

 

CODE DESCRIPTION

 

3XXX MTGL/SEC

Continuous Annealing Line

4XXX MINERL

Cement calcining kilns

5007 PET REF

Fluid cat cracker

5009 PET REF

Fluid coking - general

5018 PET REF

Delayed coking

5019 PET REF

Thermal cracking

5XXX PET REF

Flexicoking

5XXX PET REF

Sulfur removal - other/caustic

7047 CHEM/MISC

Sulfuric acid mfg - chamber process

7048 CHEM/MISC

Sulfuric acid mfg - contact process

7049 CHEM/MISC

Sulfuric acid regenerators

7055 CHEM/MISC

Claus - modified 2 stage

7056 CHEM/MISC

Claus - modified 3 stage

7057 CHEM/MISC

Claus - modified 4 stage

7063 CHEM/MISC

Nitric acid mfg - ammonia oxid new

7064 CHEM/MISC

Nitric acid mfg - ammonia oxid old

7XXX CHEM/MISC

Coke calcining kilns

7XXX CHEM/MISC

Hydrochloric acid regeneration

7XXX CHEM/MISC

Lime calcining kilns

7XXX CHEM/MISC

Circulating fluid bed combustors - solid fuels

(Adopted June 6, 1990)

 


SCHEDULE H

SEMICONDUCTOR AND RELATED OPERATIONS

(Adopted May 19, 1982)

 

For the following sources utilized primarily for manufacturing semiconductor and related solid state devices, as described under Standard Industrial Classification (SIC) Number 3674, the fee shall be based upon the quantity of equipment which a fabrication area is authorized to contain.

All of the equipment within a fabrication area will be grouped together and considered one source. Grouping will be limited to equipment subject to this schedule. Equipment not subject to this schedule will be permitted separately, item by item.

Permits for sources covered by this Schedule will be written in a format that specifies the maximum amount of equipment that is authorized for the fabrication area. Equipment may be moved into and out of any fabrication area; such changes shall not be considered a modification (as defined in Section 1-217, and requiring an Authority to Construct) provided that the maxima indicated on the permit are not exceeded.

Initial fees for new or modified equipment shall be based upon the increase in permitted equipment of each category (no credit for reductions). Permit to Operate fees shall be based on permitted maxima. (Amended June 4, 1986)

The fee shall be as indicated:

  1. 1. INITIAL FEE:
    1. SOLVENT STATIONS:
      cumulative capacity not exceeding
      100 gallons $0
      cumulative capacity exceeds
      100 gallons $610
    2. WET CHEMICAL STATIONS: cumulative capacity not exceeding 100 gallons $0 cumulative capacity exceeds 100 gallons $610
    3. SILICONIZING REACTORS: $121 per authorized Reactor
    4. DIFFUSION, OXIDIZING, $36 per authorized Furnace Chamber ALLOYING AND ANNEALING FURNACES
    5. CHEMICAL VAPOR $121 per authorized Reactor DEPOSITION REACTORS (Excluding Vacuum Deposition)
    6. PHOTORESIST LINES:
      $60 per authorized Photoresist Applicator
      $60 per authorized Photoresist Developer
      (Amended 1/9/85;6/5/5; 6/4/86; 7/3/91; 6/15/94; 7/1/98)
  2. PERMIT TO OPERATE FEE:
    1. SOLVENT STATIONS:
      cumulative capacity not exceeding
      100 gallons $0
      cumulative capacity exceeds
      100 gallons $305
    2. WET CHEMICAL STATIONS:
      cumulative capacity not exceeding
      100 gallons $0
      cumulative capacity exceeds
      100 gallons $305
    3. SILICONIZING REACTORS: $60 per authorized Reactor
    4. DIFFUSION, OXIDIZING, $18 per authorized Furnace Chamber
      ALLOYING AND ANNEALING
      FURNACES
    5. CHEMICAL VAPOR $60 per authorized Reactor
      DEPOSITION REACTORS
      (Excluding Vacuum Deposition)
    6. PHOTORESIST LINES: $30 per authorized Photoresist Applicator
      $30 per authorized Photoresist Developer
      (Amended 1/9/85; 6/5/85; 6/4/86; 7/3/91; 6/15/94; 7/1/98)
  3. Fees for each source will be rounded to the nearest dollar. The fee for sources will be rounded up to the nearest dollar for 51 cents and above, and amounts 50 cents and lower will be rounded down to the nearest dollar. (Adopted June 5, 1985)
  4. Toxic Surcharge Fee: The initial fee shall be doubled and the permit to operate fee shall be raised by ten percent, for sources which emit one or more toxic air contaminant (TAC), identified by the Air Resources Board, at a rate which exceeds the trigger levels listed in Table 2-1-316 of Regulation 2, Rule 1. This fee shall not be assessed for TACs not listed in Table 2-1-316.

(Adopted June 4, 1986, Amended October 8, 1997)

NOTE:

MM BTU is million BTU
One MM BTU/HR = 1.06 gigajoules/HR

 


SCHEDULE I

DRY CLEANERS

(Adopted July 6, 1983)

 

For dry cleaners, the fee shall be computed based on the clothes cleaning capacity of the facility, regardless of the type or quantity of solvent, as follows:

  1. INITIAL FEE FOR DRY CLEANERS:
    1a. $121 if the washing capacity is less than 100 pounds, plus
    1b. $3.60 per pound for that portion of the capacity exceeding 100 pounds.
    (Amended 10/17/84; 6/5/85; 6/4/86; 7/3/91; 6/15/94; 7/1/98)
  2. PERMIT TO OPERATE FEE FOR DRY CLEANERS: 2a. $87 if the washing capacity is less than 100 pounds, plus
    2b. $1.80 per pound for that portion of the capacity exceeding 100 pounds.
    (Amended 10/17/84; 6/5/85; 6/4/86; 7/3/91; 6/15/94; 7/1/98)
  3. Fees for each source will be rounded to the nearest dollar. The fee for sources will be rounded up to the nearest dollar for 51 cents and above, and amounts 50 cents and lower will be rounded down to the nearest dollar. (Adopted June 5, 1985)
  4. Toxic Surcharge Fee: The initial fee shall be doubled and the permit to operate fee shall be raised by ten percent, for sources which emit one or more toxic air contaminant (TAC), identified by the Air Resources Board, at a rate which exceeds the trigger levels listed in Table 2-1-316 of Regulation 2, Rule 1. This fee shall not be assessed for TACs not listed in Table 2-1-316.

(Adopted June 4, 1986; Amended October 8, 1997)


 

SCHEDULE K

SOLID WASTE DISPOSAL SITES

(Adopted July 15, 1987)

 

  1. INITIAL FEE SCHEDULE
    1. Annual tonnage disposed of at the site less than 300,000 T/year $114
    2. Annual tonnage disposed of at the site is over 300,000 T/year:
      • Fee is $210 /100,000 T/year
      • Maximum fee $1150
    3. Landfill gas extraction and disposal system.
      • The fee is $24.10 per MM BTU/hr
      • Minimum fee $575
  2. Permit to Operate Fee $575
  3. Evaluation of Air Assessment Reports as required by California State Health and Safety Code.
    1. Evaluation of Solid Waste Air Assessment Test Report as required by Health & Safety Code Section 41805.5(g) $570
    2. Inactive Site Questionnaire evaluation as required by Health & Safety Code Section 41805.5(b) $285
    3. Evaluation of Solid Waste Air Assessment Test report in conjunction with evaluation of Inactive Site Questionnaire as required by Health & Safety Code Section 41805.5(b) $285
  4. Fees for each source will be rounded off to the nearest dollar. The fee for sources will be rounded up or down to the nearest dollar.
  5. Toxic Surcharge Fee: The initial fee shall be doubled and the permit to operate fee shall be raised by ten percent, for sources which emit one or more toxic air contaminant (TAC), identified by the Air Resources Board, at a rate which exceeds the trigger levels listed in Table 2-1-316 of Regulation 2, Rule 1. This fee shall not be assessed for TACs not listed in Table 2-1-316.

NOTE:

MM BTU is a million BTU
One MM BTU/hr = 1.06 gigajoules/hr

(Adopted 6/4/86; Amended 7/3/91; 6/15/94; 10/8/97; 7/1/98)

 


 

SCHEDULE L

ASBESTOS OPERATIONS

(Adopted July 6, 1988)

  1. Asbestos Operations conducted at single family dwellings are subject to the following fees:
    1a. OPERATION FEE: $75 for amounts 100 to 500 square feet or linear feet.
        $275 for amounts 501 square feet or linear feet to 1000 square feet or linear feet.
        $400 for amounts 1001 square feet or liner feet to 2000 square feet or linear feet.
        $550 for amounts greater than 2000 square feet or linear feet.
      Cancellation: $35 of above amounts non-refundable, for notification processing.
  2. Asbestos Operations, other than those conducted at single family dwellings, are subject to the following fees:
    2a. OPERATION FEE: $210 for amounts 100 to 159 square feet or 100 to 259 linear feet or 35 cubic feet
        $305 for amounts 160 square feet or 260 linear feet to 500 square or linear feet or greater than 35 cubic feet.
        $445 for amounts 501 square feet or linear feet to 1000 square feet or linear feet.
        $655 for amounts 1001 square feet or liner feet to 2500 square feet or linear feet.
        $935 for amounts 2501 square feet or linear feet to 5000 square feet or linear feet.
        $1285 for amounts 5001 square feet or linear feet to 10000 square feet or linear feet.
        $1635 for amounts greater than 10001 square feet or linear feet.
      Cancellation: $100 of above amounts non-refundable for notification processing.
           
  3. Demolitions (including zero asbestos demolitions) conducted at a single family dwelling are subject to the following fee:
    3a. OPERATION FEE: $35  
      Cancellation: $35 (100% of fee) non-refundable, for notification processing.
  4. Demolitions (including zero asbestos demolitions) other than those conducted at a single family dwelling are subject to the following fee:
    4a. OPERATION FEE: $150  
      Cancellation: $100 of above amount non-refundable for notification processing.
  5. Asbestos operations with less than 10 days prior notice (excluding emergencies) are subject to the following additional fee:
    5a. OPERATION FEE: $250  
  6. Asbestos demolition operations for the purpose of fire training are exempt from fees.

(Adopted 7/6/88; Amended 9/5/90; 1/5/94, 8/20/97, 10/7/98)

 


SCHEDULE M

MAJOR STATIONARY SOURCE FEES

(Adopted June 6, 1990)

For each major stationary source emitting 100 tons per year or more of Organic Compounds, Sulfur Oxides and/or Nitrogen Oxides, the fee shall be based on the following:

1) Organic Compounds

$36.05 per ton
2) Sulfur Oxides

$36.05 per ton
3) Nitrogen Oxides

$36.05 per

Emissions calculated by the APCO shall be based on the data reported for the most recent 12-month period prior to billing. In calculating the fee amount, emissions of Organic Compounds, Sulfur Oxides or Nitrogen Oxides, if occurring in an amount less than 100 tons per year, shall not be counted.

(Adopted June 6, 1990; Amended July 3, 1991; June 15, 1994; July 1, 1998)


 

SCHEDULE N

TOXIC INVENTORY FEES

(Adopted October 21, 1992)

 

For each stationary source emitting substances covered by California Health and Safety Code Section 44300 et seq., the Air Toxics "Hot Spots" Information and Assessment Act of 1987, a fee based on the weighted emissions of the facility shall be assessed based on the following formulas:

  1. A fee of $5 for each gasoline product dispensing nozzle in the facility, if the facility is a Gasoline Dispensing Facility; or
  2. A fee of $125 if the facility has emissions in the current Toxic Emissions Inventory which are greater than or equal to 50 weighted pounds per year and less than 1000 weighted pounds per year; or
  3. A fee of $125 + if the facility has emissions in the current Toxic Emissions Inventory which are greater than or equal to 1000 weighted pounds per year;

where the following relationships hold:

 

= facility weighted emissions for facility j; where the weighted emission for the facility shall be calculated as a sum of the individual emissions of the facility multiplied by either the Unit Risk Value for the substance times one hundred thousand (in cubic meters/microgram) if the emission is a carcinogen, or by the reciprocal of the acceptable exposure level (AEL) for the substance (in cubic meters/microgram) if the emission is not a carcinogen:
=

Facility Weighted Emission = where

n = number of toxic substances emitted by facility

Ei = amount of substance i emitted by facility in lbs/year

Qi = Unit Risk Value * 105 if i is a carcinogen; or

Qi = [Acceptable Exposure Level]-1 if i is not a carcinogen

FT = Total amount of fees to be collected by the District to cover District and State of California AB 2588 costs as most recently adopted by the Board of Directors of the California Environmental Protection Agency, Air Resources Board, and set out in the most recently published "Amendments to the Air Toxics "Hot Spots" Fee Regulation," published by that agency.
= Number of facilities with emissions in current District Toxic Emissions Inventory greater than 1000 weighted pounds per year.
= Number of facilities with emissions in current District Toxic Emissions Inventory greater than 50 weighted pounds per year and less than 1000 weighted pounds per year.
= Number of gasoline-product-dispensing nozzles in currently permitted Gasoline Dispensing Facilities.
=

Surcharge per pound of weighted emissions for each pound in excess of 1000 weighted pounds per year, where sL is given by the following formula:

(Amended December 15, 1993)

 


SCHEDULE O
EMPLOYER TRIP REDUCTION FEES

(Adopted December 16, 1992)

 

Employee Transportation Survey Processing Fee: $1.00 per employee survey form submited to the APCO for processing.
Employer Trip Reduction Plan Review Fee: $500.00 per plan submittal (for each work site) or

$2,500.00 per plan submittal for five or more work sites.
Employer Trip Reduction Plan Appeal Fee:

$300.00 for initial application and hearing.

$100.00 for each subsequent hearing necessary to dispose of the appeal.

(Adopted December 16, 1992; Amended March 15, 1995)


 

SCHEDULE P

MAJOR FACILITY REVIEW FEES

(Adopted November 3, 1993)

 

  1. Each facility which is required to undergo major facility review in accordance with the requirements of Regulation 2-6, shall pay the following annual fee for each source holding a District Permit to Operate. These fees shall be in addition to and shall be paid in conjunction with the annual renewal fees paid by the facility. However, these MFR permit fees shall not be included in the basis to calculate Alternative Emission Control Plan (bubble) or toxic air contaminant surcharges.
    If a major facility applies for and obtains a synthetic minor operating permit, the requirement to pay this fee shall terminate as of the date the APCO issues the synthetic minor operating permit.
    MFR ANNUAL FEE .................$105 per source and $4.12 per ton of regulated air pollutants emitted
    (Adopted 11/3/93; Amended 6/15/94; 10/8/97; 7/1/98)
  2. Each facility defined as a phase II acid rain facility in Regulation 2-6 shall pay (in addition to the MFR annual fee) the following annual fee for each source or group of sources subject to the monitoring requirements of Title IV of the federal Clean Air Act.
    MONITORING FEE .................$1030 per monitor
    (Adopted June 15, 1994, Amended July 1, 1998)
  3. Effective July 1, 1995, each facility that applies for a permit shield under the provisions of Regulation 2-6 shall pay the following application fee for each source covered by the shield.
    PERMIT SHIELD FEE ............$260 per shielded source or group of identical sources
    (Adopted June 15, 1994; Amended October 8, 1997; July 1, 1998)
  4. Each facility that applies for a permit, or a permit modification in accordance with the requirements of Regulation 2-6 shall pay the following fee upon receipt of a District invoice.
    PUBLIC NOTICE FEE ..............Cost of Publication
    (Adopted June 15, 1994; Amended October 8, 1997)
  5. Each facility that applies for a synthetic minor operating permit in accordance with the requirements of Regulation 2-6 shall pay (up to a maximum of $8250) the following application fee for each source holding a District Permit to Operate. If a major facility applies for a synthetic minor operating permit prior to the date on which it would become subject to the annual major facility review fee described above, the facility shall pay, in addition to the application fee, the equivalent of one year of annual fees for each source holding a District Permit to Operate.
    SYNTHETIC MINOR APPLICATION FEE .................$103 per source
    (Adopted June 15, 1994, Amended July 1, 1998)
  6. Each facility that applies for a significant permit modification, a minor permit modification, or a modification to a synthetic minor operating permit in accordance with the requirements of Regulation 2-6 shall pay, with the application and in addition to any other fee required by this regulation, the following fee for any permitted source affected by the modification.

PERMIT MODIFICATION FEE .................................$103 per source modified

(Adopted June 15, 1994, Amended July 1, 1998))

 


SCHEDULE Q

AERATION OF CONTAMINATED SOIL AND
REMOVAL OF UNDERGROUND STORAGE TANKS

(Adopted January 5, 1994)

 

 

  1. Persons aerating contaminated soil or removing underground storage tanks subject to the provisions of Regulation 8, Rule 40, are subject to the following fee:

1a. OPERATION FEE: $100