IMPERIAL COUNTY AIR POLLUTION CONTROL DISTRICT


RULE 301 - PERMIT FEES
(Revised 1/11/94; 1/16/2001)

A. FILING FEE
       
  A.1 In addition to other fees which may be required, an application filing fee of $90.00 for the year 2000 shall be paid for each of the following:
       
    A.1.a Authority to Construct
       
    A.1.b Permit to Operate
       
    A.1.c Revision to an existing permit including: equipment location, transfer of ownership, alterations or additions to equipment, or revision of permit conditions
       
    A.1.d Request for handling material as Trade Secrets
       
    A.1.e Non-agricultural burn permit
       
  A.2 Beginning in the year 2001, the application filing fees for the items set forth in A.1.a, A.1.b, A.1.c, A.1.d and A.1.e shall increase at the rate of ten percent (10%) per year each year for a total of four (4) years. Notwithstanding, in any year subsequent to the 2000 calendar year where the Unreserved Fund Balance for the Air Pollution Control District is in excess of fifteen percent (15%) of the projected appropriations of the subsequent year as of August 1 of that year, the Auditor/Controller shall so certify to the Air Pollution Control Officer or his/her authorized agent whereupon the Air Pollution Control Officer or his/her authorized agent shall grant a deferment of the ten percent (10%) increase of application filing fees for that calendar year. Said deferments shall continue until such time as the Unreserved Fund Balance for the Air Pollution Control District falls below fifteen percent (15%) of the projected appropriations of the subsequent year as of August 1.
       
  A.3 When the Unreserved Fund Balance for the Air Pollution Control District falls below fifteen percent (15%) of the projected appropriations of the subsequent year as of August 1 of that year, the Auditor/Controller shall so certify to the Air Pollution Control Officer or his/her authorized agent whereupon the Air Pollution Control Officer or his/her authorized agent shall increase the application filing fees to the amounts set forth as follows:
       
    A.3.a First year: $99.00
       
    A.3.b Second year: $108.00
       
    A.3.c Third year: $117.00
       
    A.3.d Fourth year: $126.00
       
B. REVIEW FEES
       
  B.1 Projects, except for feedyard certificates, burn permits, and minor projects, shall pay a review fee in an amount to be determined by the Auditor/Controller, but not to exceed the actual cost to administer and conduct engineering and environmental impact analyses of the project.
       
  B.2 Major projects shall pay a review fee deposit of $600.00 for the year 2000 at the time of application.
       
  B.3 Beginning in the year 2001, major project review fees shall increase at the rate of ten percent (10%) per year each year for a total of four (4) years. Notwithstanding, in any year subsequent to the 2000-2001 calendar year where the Unreserved Fund Balance for the Air Pollution Control District is in excess of fifteen percent (15%) of the projected appropriations of the subsequent year as of August 1 of that year, the Auditor/Controller shall so certify to the Air Pollution Control Officer or his/her authorized agent whereupon the Air Pollution Control Officer or his/her authorized agent shall grant a deferment of the ten percent (10%) increase of review fees for that calendar year. Said deferments shall continue until such time as the Unreserved Fund Balance for the Air Pollution Control District falls below fifteen percent (15%) of the projected appropriations of the subsequent year as of August 1.
       
  B.4 When the Unreserved Fund Balance for the Air Pollution Control District falls below fifteen percent (15%) of the projected appropriations of the subsequent year as of August 1 of that year, the Auditor/Controller shall so certify to the Air Pollution Control Officer or his/her authorized agent whereupon the Air Pollution Control Officer or his/her authorized agent shall increase the major project review fees to the amounts set forth as follows:
       
    B.4.a First year: $660.00
       
    B.4.b Second year: $720.00
       
    B.4.c Third year: $780.00
       
    B.4.d Fourth year: $840.00
       
  B.5 If the District will be lead agency for environmental review purposes, an additional Initial Study fee deposit of $240.00 for the year 2000 shall be paid at the time of application.
       
  B.6 When the Unreserved Fund Balance for the Air Pollution Control District falls below fifteen percent (15%) of the projected appropriations of the subsequent year as of August 1 of that year, the Air Pollution Control Officer shall so certify to the Air Pollution Control Officer or his/her authorized agent whereupon the Air Pollution Control Officer or his/her authorized agent shall require an additional Initial Study fee deposit if the District will be the lead agency for environmental review purposes as follows:
       
    B.6.a First year: $264.00
       
    B.6.b Second year: $288.00
       
    B.6.c Third year: $312.00
       
    B.6.d Fourth year: $336.00
       
C. CANCELLATION OR DENIAL
       
  If an application is canceled or withdrawn by the applicant, or is denied and such denial becomes final, the filing fee required herein shall not be refunded nor applied to any subsequent application.
       
D. PENALTY FEES
       
  D.1 Projects which failed to obtain a permit which was required but not obtained, shall pay a fee double that of the published initial fee for the Permit to Operate, or other appropriate permit.
       
  D.2 Projects which are in violation of these Rules, or not in compliance with a condition of their permit may be charged a permit renewal fee of up to three (3) times the fee that would otherwise be charged, as follows:
       
    D.2.a Formal notice of violation, or notice of non-compliance, shall have been issued to the permittee, or agent responsible for the project within the previous twelve months
       
    D.2.b Prior to November 15th of each year the Auditor/Controller shall submit to the Hearing Board a list of all projects against which the Auditor/Controller proposes to levy a penalty fee under this rule, the proposed fee, and a brief account of the violation.
       
    D.2.c The Hearing Board shall accord the permittee or agency responsible for the project, and any interested parties an opportunity to be heard.
       
    D.2.d The Hearing Board may modify the penalty fee proposed by the Auditor/Controller. Failure of the Board to act will confirm the proposal of the Auditor/Controller.
       
E. ANNUAL RENEWAL FEE
       
  All holders of an Authority to Construct, a Permit to Operate, or a Feed Yard Certificate shall be notified of the annual renewal fee based upon current fee schedules by January 1st. The permittee shall pay such annual renewal fee to the District office in person or by letter postmarked no later than January 31 of that year. If the renewal fee is not paid by that time the fee shall be increased by ½ the amount thereof. Nonpayment of the increased fee within 30 days shall result in the cancellation of the permit.
       
F. PERMIT OR VARIANCE GRANTED BY HEARING BOARD
       
  In the event that a Permit to Operate is granted by the Hearing Board after denial by the Auditor/Controller or after the applicant deems his application denied, the applicant shall pay the fee prescribed in the following schedules within thirty (30) days after the date of the decision of the Hearing Board. Nonpayment of the fee within this period of time shall result in automatic cancellation of the permit and the application. Such a fee shall be charged for a Permit to Operate granted by the Hearing Board for the duration of variance.
       
G. PRORATION
       
  For any new installation, constructed pursuant to an Authority to Construct, the Permit to Operate fee shall be prorated. This proration shall be determined on the basis of the remaining number of calendar months the installation will be authorized to operate under an annual permit.