MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

 


RULE 305 FEES FOR AIR TOXIC EMISSIONS INVENTORIES AND RISK ASSESSMENTS


(Adopted November 9, 1988 and Revised 1/18/89, 5/16/90, 5/15/91, 6/26/91, 4/15/92, 5/12/93, 5/25/94, 4/26/95, 12/20/95,and 6/18/97)
 
 
CONTENTS
 

PART 1    GENERAL
 

PART 2
 

PART 3 FEES
 



PART 1 GENERAL

1.1 Purpose

The purpose of this Rule is to provide revenue for determining toxic air emissions and health risks pursuant to the Air Toxics "Hot Spots" Information and Assessment Act of 1987 as provided in Health and Safety Code Section 44300 through 44394, and District Rule 1003. The fees required pursuant to this Rule shall be in addition to permit and other fees currently required.

1.2 Applicability

This Rule applies to any facility which manufactures, formulates, uses, or releases any of the substances listed by the California Air Resources Board, pursuant to the California Health and Safety Code Section 44320, or any other substance that reacts to form a substance so listed, unless the facility is determined to be exempt as defined in Rule 1003, Section 1.3.

1.3 Exemptions

Facilities that do not meet the applicability definition are exempt from fees.

1.4 Effective Date

This Rule as revised is effective July 1, 1997.
 

PART 2    DEFINITIONS

2.1 Air Release or Release

Any activity that may cause the issuance of air contaminants, including the actual or potential spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a substance into the ambient air and that results from the routine operation of a facility or that is predictable, including, but not limited to, continuous and intermittent releases and predictable process upsets or leaks.

2.2 Board Approved Revenue

District costs plus State costs minus any Board approved general revenue subsidy.

2.3 District

The Monterey Bay Unified Air Pollution Control District unless otherwise specified herein.

2.4 District Costs

The labor and program related costs minus any Board approved general revenue subsidy.

2.5 Facility

Every structure, appurtenance, installation, and improvement on land which is associated with a source of air releases or potential air releases of a hazardous material, as identified by the District.

2.6 Facility State Fee

The individual facility fees determined by the State Air Resources Board and the California Office of Environmental Health Hazard Assessment methodology. The amounts are based on the State Rule found in the Air Toxics "Hot Spots" Information and Assessment Act, Subchapter 3.6, Air Toxics "Hot Spots" Fee Regulation, Section 90700-90705. The fees in the Rule are set annually by the California Air Resources Board and the California Office of Environmental Health Hazard Assessment implement and administer the Act.

2.7 Operator

The person who owns or operates a facility or part of a facility.

2.8 Public Notification Process

The process of public notifying all property addresses within the risk area set by the Board requiring public notification.

2.9 Risk Audits

Reports sent to the District which describe the significant contributors to the total air risk from a facility.

2.10 Risk Reduction Plans

Reports sent to the District describing how emissions can be reduced to most effectively reduce the total air risk from a facility.

2.11 Supplemental Risk Assessment

A risk assessment that does not follow the methodology of the District.
 

PART 3    FEES

3.1 Fee Determination
 

 

3.2 Fee Payment and Collection

A statement will be sent to each affected source stating the amount required. Payment is required within 30 days or the fee will be considered past due. The 30-day payment period for fee payment may be extended for extraordinary circumstances at the discretion of the District Air Pollution Control Officer (APCO). The adequacy of cause to extend the period shall be decided on a case-by-case basis by the APCO.

3.3 Fee Penalty

If any fee payment required pursuant to this Rule is not submitted within 30 days of the issuance date of the District's billing statement, it shall be considered delinquent, and penalties for the delinquency shall be imposed as set forth below.
 

 

3.4 Transfer of Fees Collected

The Air Pollution Control Officer shall transfer the revenues required by the State by this Rule, and subchapter 3.6, sections 90700-90705 of the State's Air Toxic "Hot Spots" Fee Regulation, to the California Air Resources Board for deposit in the Air Toxics Inventory and Assessment Account.

Any fee revenues received by the District which exceed District and State costs shall be carried over for expenditure in the subsequent fiscal year.

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