KERN COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 301.4 - CALIFORNIA CLEAN AIR ACT NON-VEHICULAR SOURCE FEE
(Adopted 2/90, Amended 1/3/94)

I. Definitions

For the purpose of this Rule, "non-vehicular source" means any structure, building, facility equipment, or operation (or aggregation thereof) owned, operated, or under shared entitlement to use of 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 any non-attainment pollutant or precursor, in an amount equal to or exceeding 500 tons per year. For purposes of Kern County APCD non-attainment pollutants and precursors are reactive organic gases, oxides of nitrogen (as NO2), oxides of sulfur (as SO2) and respirable particulate matter (PM10).

III. Requirements

A. Fee = A + (B x C), where:

A = District administrative cost to collect fees:

B = emission rate (tons per year) of non-attainment pollutants or precursors 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 CARB regulation pursuant to, and for the purposes of, the California Clean Air Act Non-vehicular Source Fee Program.

B. In calculating the fee, emissions of less than 500 tons per year of non-attainment pollutants or precursors 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 90800-90808, Title 17, California Code of Regulations, if the Non-Vehicular Source Fee is not paid within 60 days of the Notice of Assessment, the major non-vehicular source's permits shall automatically be revoked and the Control Officer shall so notify the source by certified mail.