LAKE COUNTY AIR QUALITY MANAGEMENT DISTRICT


Chapter IV, Article VI Permit Fees

Section 660: The District Board shall provide, by resolution, a schedule of annual fees (see Table 6) to be paid for the evaluation, issuance and renewal of permits to cover the cost of District programs related to permitted stationary sources authorized or required under the provisions of this chapter that are not otherwise funded. Every person applying for or renewing a permit shall pay the fee required by the schedule. Beginning July 1, 1986, the fee schedule shall be adjusted annually in accordance with the California Health and Safety Code 42311 and Section 2212 of the Revenue and Taxation Code to account for changes in the California Consumer Price Index for the preceding year. Any revenues received by the District pursuant to the fees, which exceed the cost of the programs, shall be carried over for expenditure in the subsequent fiscal year, and the schedule of fees shall be changed to reflect that carryover. Unless otherwise specified by a separate renewal fee schedule, renewal fees for the Authority to Construct Permits and Permits to Operate shall be the same as the initial application fee. Said permit renewals shall extend for the same duration as the initial permit and the fee shall be prorated if the renewal permit is needed for less time than the initial permit. In no event shall the fee required of a major source, as defined in Table 6 below, be less than $29.26 per ton of actual regulated pollutant emissions adjusted annually starting on October 1, 1994, using the Consumer Price Index as defined in Title V, Sec. 502, or such other amount established as a minimum permit fee by the Clean Air Act Ammendments of 1990.
Section 660.1:

Permit Fee Penalty: The Air Pollution Control Officer shall annually notify permit holders by invoice/letter of fees due for renewal of current permits. If the fee is not paid within sixty (60) days of the invoice mailing date, the fee shall be increased by one-half the amount thereof and the Air Pollution Control Officer shall thereupon promptly notify the permit holder of the increased fee by mail. If the increased fee is not paid within ninety (90) days of the original invoice mailing date, the permit shall be deemed withdrawn and suspended. The Air Pollution Control Officer shall notify the permit holder by mail, and the permit shall be void. Any suspended permit may be reinstated only upon payment in full of all accrued fees and penalties or by filing a new application complete with initial fee. Annual renewal fees will continue to be required until such time as the Authority to Construct and/or the Permit to Operate cancellation or denial becomes final and all operations involving the stationary source have ceased.

TABLE 6

SCHEDULE OF FEES FOR PERMITS

(Adjusted Annually for CCPI, Starting July 1, 1993)*

Category I - Insignificant Sources
Operations estimated by calculation and/or analysis which conform to the insignificant sources as commercial or industrial operations producing essentially no detectable emissions, will not necessarily require a Permit to Operate.
Examples: Markets, small subdivisions, stores, etc.
Authority to Construct Fee: None
Permit to Operate Fee: None
Category II - Sources Potentially Emitting Less Than 25 Tons/Year
Operations estimated by calculations and/or analysis to be below twenty-five (25) tons/year potential pollution emissions or which have potential air emittants capable of causing an unusually high nuisance or health impact.
Examples: Hospitals with approved incinerators, bulk oil plants, small gravel operations, etc.
Authority to Construct Fee: $ 154.62
Permit to Operate Fee: $ 77.32
Category III - Sources Potentially Emitting 25-100 Tons/Year
Operations judged by calculation and/or analysis which potentially produce pollutant emissions between twenty-five to one hundred (25-100) tons/year.
Examples: Asphalt plants, large gravel operations, concrete batch plants, etc.
Authority to Construct Fee: $ 541.18
Permit to Operate Fee: $ 309.25
Category IV - Sources Potentially Emitting More Than 100 Tons/Year and Geothermal Wells
Operations judged by calculation and/or analysis which potentially produce pollutant emissions exceeding one hundred tons/year.
Authority to Construct
Application Fee: $1,546.25
Renewal Fee: $1,159.69
Permit to Operate Fee: $ 773.12
Category V -

Geothermal Fluid Transmission Lines

  1. Less than four (4) wells attached:
    Authority to Construct
    Application Fee: $1,236.99
    Renewal Fee: $ 773.12
    Permit to Operate Fee: $1,236.99
  2. Four (4) to sixteen (16) wells attached:
    Authority to Construct
    Application Fee: $1,546.25
    Renewal Fee: $1,159.69
    Permit to Operate Fee: $1,546.25
  3. More than sixteen (16) wells attached:
    Authority to Construct
    Application Fee: $1,932.80
    Renewal Fee: $1,546.25
    Permit to Operate Fee: $1,932.80
Category VI -

Major Sources and Geothermal Power Plants

Operations judged by calculation and/or analysis with pollutant emissions exceeding one hundred (100) tons/year.

  1. Geothermal Power Plants Equal to or less than ten (10) GMW:
    Authority to Construct
    Application Fee: $3,865.61
    Renewal Fee: $2,319.36
    Permit to Operate Fee: $3,865.61
  2. Major Sources and Geothermal Power Plants with Emissions Greater than ten (10) GMW:
    Authority to Construct
    Application Fee:$9,277.46
    Renewal Fee: $3,092.49
    Permit to Operate Fee: $9,277.46
Category VII - Exempt Public Operation

When a Lake County or city agency within the County constructs a facility which has a potential air pollution emissions problem, no fee will be charged.

Although Lake County and city agencies are exempt from permit fees, these public operations are required to conform to customary pollution abatement standards.
Category VIII-

Gasoline Retail Service Stations

  1. Facilities requiring Phase II vapor recovery systems or having an estimated annual throughput; of 440,000 gallons or more of gasoline.
    Authority to Construct; or Modify and Permit to Operate Fee:
    Application Fee: $131.66+ $26.34 Per Nozzle
    Renewal Fee: $131.66+$13.16 Per Nozzle
  2. Gasoline Retail Service Stations exempt from Phase II Vapor Recovery Authority to Construct or Modify and Permit to Operate Fee:
    Application Fee: $131.66
    Renewal Fee: $ 65.83
Category IX

Asbestos Control

  1. For each demolition and renovation project subject to a notice, plan, or permit application requirements of Section 467, where RACM is present but less than 260 linear feet, 160 square feet or 35 cubic feet, the owner or operator shall pay a fee of $100, for amounts exceeding these quantities a fee of $200 shall be paid.
  2. For each Asbestos-Dust-Hazard Mitigation Plan submitted pursuant to the requirements of Section 467, a fee of $50 shall be paid. This fee shall not apply to projects if exempted pursuant to Part V, D, 4.

Note: Section 660 requires annual fee adjustment of Table 6A to reflect CCPI. All permits are subject to yearly renewal. Values shown are adjusted for July 1992.

Notwithstanding other District requirements, annual permit fees (Category VIII) shall be due and payable on March 1 of each year and based on the previous calendar year gasoline throughput. Provisions of Section 660 (CCPI Adjustment) shall apply to fees.

Section 660.2: Cancellation or Denial: If an application for an Authority to Construct or a Permit to Operate is cancelled, or if an Authority to Construct or a Permit to Operate is denied and such denial becomes final, the initial application fee required herein shall not be refunded nor applied to any subsequent application.
Section 660.3: Miscellaneous Charges: Information, circulars, reports of technical work, and other reprints prepared by the Air Quality Management District, when supplied to other governmental agencies or individuals or groups requesting copies of same, may be charged for by the District in a sum not to exceed the cost associated with reproduction and delivery of such documents. All monies collected shall be deposited to the District treasury to the credit of the District.
Section 660.4: Ownership Permit Transfer: Every person submitting an application for modification to account for a Change of Ownership of any District Authority to Construct or Permit to Operate, shall include with the application, a fee equal to the greater of twenty-five dollars ($25.00) or an amount equal to twenty (20) percent of the current application fee for said Authority to Construct or Permit to Operate.
Section 661: Analysis Fee: Whenever the Air Pollution Control Officer finds that an analysis of the emissions from any source is necessary to determine the extent and amount of pollutant being discharged into the atmosphere which cannot be determined by visual observation, he may order the collection of samples and an analysis made by the District or other qualified personnel approved by the Air Pollution Control Officer. The time and materials required for collecting samples, making the analysis and preparing the necessary reports, but excluding the time required in going to and from such premises shall be charged against the owner or operator of said premises in a sum to be determined by the Air Pollution Control Officer (see Table 7). Said sum shall not exceed the actual cost of the work performed and supplies and equipment used.
Section 662:

"Air Toxics Hot Spots Information and Assessment Act of 1987" (Act) Fee: The District shall annually collect from the operators of facilities subject to Health and Safety Code (H&SC) Section 44320, fees reasonably expected to:

  1. Recover the anticipated costs to be incurred by the California Air Resources Board (ARB) and Department of Health Services (DHS) to implement and administer the Act as set forth in Health and Safety Code Section 44380; and
  2. Recover the anticipated costs incurred by the District to implement and administer the Act including but not limited to the cost of reviewing or preparing the emissions inventory plans, review inventory data, review risk assessments, verify plans and data and prepare facilities prioritization.

The District shall notify and assess the operator of each facility subject to this rule pursuant to the H&SC in writing of the fee due. The fee shall be calculated from the amount determined by the ARB and DHS as their incurred costs plus actual District cost for staff time in accordance with the schedule annually adopted by the state board, unless such other fee specific fee schedule is enacted by the District Board. The fee shall be as indicated below for the 1992 fiscal year, and shall be due by 12/15/92, or as specified on the notice of fees due.

  1. Sources with estimated actual emissions equal to, or greater than, ten tons per year for air emissions, as determined to be affected criteria air pollutants by the ARB, to include methane, or identified as a toxic air pollutant pursuant to H&SC 44320 ; $16.20 per ton of annual emissions.
  2. Sources subject to H&SC 44320 with estimated actual emissions less than ten tons per year for pollutants which are determined to be criteria air pollutants by the California Air Resources Board or identified as a toxic air pollutant; $100.00. The fee may be reduced to one half this amount if an industry wide survey is completed, or as part of the air toxics inventory the source is placed under permit or is already under a district permit. The source owner shall remit the fee to the District within 60 days after receipt of the notice stating the amount of the fee due or the fee will be considered past due. If the source fails to pay the fee within 60 days of this notice, the District shall assess a penalty of 100 percent of the of the assessed fee. If the operator fails to pay the fee within 120 days after the receipt of the notice, the District may initiate permit revocation proceedings or other legal actions to require the fee be paid and permit application made. Subsequent to fiscal year 1992, the fee and billing shall be incorporated into the normal permit billing. 

TABLE 7

SCHEDULE OF FEES FOR SOURCE EVALUATION

 

The following fees may be applied to sources where it becomes necessary or desirable for the District to perform evaluations, health risk assessments, assist in preparing reports, source emissions evaluation or testing, prepare required toxics reports or plans, or repeatedly monitor a source in response to complaints or violations.

  1. The actual cost of staff time plus reasonable overhead charges for equipment and facilities as determined by the Lake County Auditor.
  2. The actual cost of laboratory analysis when utilizing a laboratory service as billed by that service.
  3. The reasonable costs associated with travel, equipment rental and materials consumed in any test.