IMPERIAL COUNTY AIR POLLUTION CONTROL DISTRICT




RULE 308 - ACID DEPOSITION RESEARCH AND MONITORING FEES

A. APPLICABILITY

Pursuant to the Kapiloff Acid Deposition Act (Chapter 6, Part 2 of Division 16 of the Health and Safety Code of California) each major stationary source whose emissions fall under Section B below shall be assessed an acid deposition fee based on the amount determined by the California Air Resources Board, plus such additional amount necessary to recover the administrative cost incurred by the Imperial County Air Pollution Control District in establishing this program and collecting and transmitting the fees.

B. DEFINITIONS

For the purpose of this rule the following definitions shall apply:

B.1 MAJOR STATIONARY SOURCE: A major stationary source applicable under the Kapiloff Acid Deposition Act is any structure, building, facility, equipment, installation or operation (or aggregation thereof) which is owned, operated, or under control of one owner, leaseholder or operator which, in the preceding calendar year beginning with calendar year 1982, emitted to the atmosphere actual oxides of nitrogen or oxides of sulfur, respectively, in an amount equal to or exceeding 1,000 tons. Emissions of either nitrogen oxides or sulfur oxides, if occurring in amounts of less than 1,000 tons per year, shall not be counted.


C. FEES

C.1 The total fee collected, including administrative cost, shall not exceed $.0025 per pound (five dollars per ton) as specified in Section 39912 of the California Health and Safety Code.

C.2 The fee shall be calculated according to the following formula:

Fee = A + (E x R),

where
A = administrative cost to collect these fees;
E = tons of emissions per year of nitrous oxides and/or oxides of sulfur as determined by the Air Pollution Control District; and
R = the fee rate per ton based upon the amount deter- mined by the California Air Resources Board pursuant to the Kapiloff Acid Deposition Act.


D. PENALTIES


If the appropriate fee is not received within 45 days of the assessment notice, the Air Pollution Control District may take such action as increasing the fee or any other action within the Health and Safety Code, Division 26.