if
the facility has emissions in the current Toxic Emissions Inventory which are greater than or equal to 1000 weighted
pounds per year;
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:
|
| 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.
|
| 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 person’s 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.
(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.
(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:
(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
(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.
|
| 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:
(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 person’s 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 District’s 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:
|
| 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:
(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 FEES1
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 |
|
|
|
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 |
|
|
|
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
|
$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
|
$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 |
|
$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 |
|
|
|
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 |
|
|
|
9. |
For each application for relief in accordance with Regulation 2 - Permit Appeals |
|
|
|
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)
(Amended 6/5/85; 6/4/86; 6/6/90; 7/3/91; 6/15/94; 7/1/98)
(Amended 6/5/85; 6/4/86; 6/6/90; 7/3/91; 6/15/94; 7/1/98)
(Adopted June 4, 1986; Amended October 8, 1997)
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)
(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] –
[(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 arms3b. 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:
(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:
(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.
(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:
(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:
(Adopted June 4, 1986; Amended October 8, 1997)
SCHEDULE K
SOLID WASTE DISPOSAL SITES
(Adopted July 15, 1987)
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)
| 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. |
| 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. | |
| 3a. | OPERATION FEE: | $35 | |
| Cancellation: | $35 | (100% of fee) non-refundable, for notification processing. |
| 4a. | OPERATION FEE: | $150 | |
| Cancellation: | $100 | of above amount non-refundable for notification processing. |
| 5a. | OPERATION FEE: | $250 |
(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 ton2) Sulfur Oxides
$36.05 per ton3) 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:
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)
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)
1a. OPERATION FEE: $100
