(Adopted 11/28/83, Amended 2/90, 1/3/94)

I. Definitions

For the purpose of this Rule, "non-vehicular source" means any structure, building, facility, equipment, installation or operation (or aggregation thereof) owned, operated, or under shared entitlement to use by the same person and located within the District on one or more bordering properties.

II. Applicability

This Rule applies to any major non-vehicular source included in the California Air Resources Board's (CARB's) newest adopted emission inventory used for determining fees, and emitting oxides of nitrogen (as NO2) or oxides of sulfur (as SO2), in an amount equal to or exceeding 500 tons per year.

III. Requirements

Pursuant to Section 90620-90623, Title 17, California Code of Regulations, each major non-vehicular source shall be assessed a fee payable to the Kern County Air Pollution Control District, due within 60 days of Notice and calculated according to the following formula:

A. Fee = A + [B x C], where:

A = District administrative cost to collect fees;

B = emission rate (tons per year) of oxides of nitrogen and/or oxides of sulfur, expressed as nitrogen dioxide and sulfur dioxide, respectively, emitted by the subject major non-vehicular source during the period of CARB's newest adopted emission inventory used for determining fees; and

C = fee in dollars per ton per year, set by the CARB regulation pursuant to, and for the purposes of, the Atmospheric Acidity Protection Act of 1988.

B. In calculating the fee, emissions of less than 500 tons per year of either oxides of nitrogen or oxides of sulfur shall not be used.

C. Notwithstanding Section III.A., the fee, exclusive of administrative costs, shall not exceed that set by CARB.

IV. Penalties

Pursuant to Section 90620-90623, Title 17, California Code of Regulations, if the Atmospheric Acidity Protection Program Fee is not paid within 60 days of the actual billing date, the major non-vehicular source's permits shall automatically be revoked and the Control Officer shall so notify the source by certified mail.