MBUAPCD APP-B PROCEDURES FOR HEARING BOARD ADJUCUATIONS
LAST REVISED 12/17/86

HEARING BOARD

MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

APPENDIX B

EXCESS EMISSION FEES

Adopted by the District Board

December 17, 1986

Revised June 13, 1990

  1. Excess Emission Fee: Each applicant for a variance shall pay to the Clerk of the Hearing Board, in addition to the filing fee required, an excess emission fee based on the difference between the emissions allowed by the District rules and the maximum emissions, other than those described in Section 2 below, allowed by the variance. The fee shall be determined in accordance with the schedule set forth in Schedule A below.

  2. Excess Visible Emission Fee: Each applicant for a variance from a limitation upon the opacity of emissions shall pay to the Clerk of the Hearing Board, in addition to any filing fees required and any excess emission fee required by Subsection 1 above, an excess visible emission fee based on the difference between the percent opacity allowed by the limitation and the maximum percent opacity of the emissions allowed from the source or sources operating under the variance, in accordance with the schedule set forth in Schedule B below.

  3. In the event more than one rule limiting the discharge of the same contaminant is violated, the excess emission fee or excess visible emission fee shall consist of the sum of fees for all individual excesses. For the purpose of this Appendix, opacity rules and particulate mass emission rules shall not be considered rules limiting the discharge of the same contaminant.

  4. Minimum Fees: When a variance is granted from a rule or rules which limit the discharge of air contaminants, such that an excess emission fee or excess visible emission fee is due, a fee of a least $200 shall be applied.

  5. Applicability: The provisions of Subsection 1 above shall apply only to those rules or statutes that specify quantitative emission limits.

  6. Fee Determination:

  7. 5.1 The excess emission fee shall be calculated based upon the requested number of days of operation under variance multiplied by the excess emissions per day allowed by the variance, as set forth in Subsection 1 and 2 above.

    5.2 The Hearing Board may adjust the excess emission fee required by Subsections 1 and 2 of this Appendix based on evidence regarding emissions presented at the time of the hearing.

  8. Fee Payment: Failure to pay the excess emission fee required by Subsection 1 and 3 of this Appendix within ten (10) days of the effective date of the variance shall invalidate the variance.

  9. Discretionary Powers: When it is determined by the Hearing Board that payment of fees required by this Appendix would present an economic hardship to the petitioner, the petitioner may be exempted from such fees, or a portion of them.

  10. Public Agencies: Public agencies qualifying under Government Code Section 6103 shall be exempt from payment of excess emission fees.

  11. Excess Emission Fee Schedules:

Schedule A

EXCESS EMISSION FEE


Schedule B

EXCESS VISIBLE EMISSION FEE

* Where the opacity equals the maximum opacity of emissions in percent (not decimal equivalent) allowed by the variance. Where the emissions are darker than the degree of darkness equivalent to the allowed Ringelmann number, the percentage equivalent of the excess degree of darkness shall be used as "Opacity".