MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT


RULE 305. FEES FOR RISK ASSESSMENTS, RISK NOTIFICATIONS, AND RISK REDUCTION PLANS AND REPORTS
(Adopted 11/9/88; 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, 6/19/96, 6/18/97, 6/17/98 and 6/16/1999).

CONTENTS

PART 1 GENERAL

1.1 Purpose
1.2 Applicability
1.3 Exemptions
1.4 Effective Date


PART 2 DEFINITIONS

2.1 Air Release or Release
2.2 District
2.3 Facility
2.4 Facility State Fee
2.5 Operator
2.6 Public Notification Process
2.7 Risk Audits
2.8 Risk Reduction Plans
2.9 Supplemental Risk Assessment


PART 3 FEES

3.1 Fee Determination
3.2 Fee Payment and Collection
3.3 Fee Penalty
3.4 Transfer of Fees Collected





PART 1 GENERAL

1.1 Purpose
The purpose of this Rule is to provide revenue to implement the requirements of 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, 1999.

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

2.3 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.

2.4 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.

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

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

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

2.8 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.

2.9 Supplemental Risk Assessment
A risk assessment that does not follow the methodology of the District.

PART 3 FEES

3.1 Fee Determination

3.1.1 Public Notification Fees
Sources required to complete the Public Notification Process are required to pay for the cost of District time at $86 per hour, postage, and the cost of the mailing service to provide the public notification mailings.

3.1.2 Audit and Plan Fees
Sources required to prepare a Risk Audit and Risk Reduction Plan are required to pay for the cost of District time at $86 per hour for the review effort.

3.1.3 Supplemental Risk Assessment Fee
Sources electing to prepare a supplemental risk assessment report are required to pay a fee of $86 per hour up to $2,154 for the District risk assessment review.

3.1.4 State Fee
Facilities identified in the State Fee Rule, Air Toxics "Hot Spots" Information and Assessment Act, Subchapter 3.6, Air Toxics "Hot Spots" Fee Regulation, Section 90700-90705, shall pay in accordance with the State fee schedule.


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.

3.3.1 For purposes of this Part any fee payment shall be considered to be timely if it is postmarked on or before the 30th day following the statement issuance date. If the 30th day falls on a Saturday, Sunday, or holiday, the fee payment may be postmarked on the next business day with the same effect as if it had been postmarked on the 30th day.

3.3.2 If no fee payment is submitted within the time prescribed by Section 3.3.1 above, a delinquency penalty of 50 percent of the amount of the billed fee, to a maximum of $500.00, shall be added to the amount of fee due, and the facility shall thereupon be notified by mail of the increased fee.

3.3.3 If a fee payment is timely paid, but the tendered amount is less than the amount due, the payment shall not be accepted, and the time for proper payment continues to run.

3.3.4 If a fee payment is delinquent and the fee plus the delinquency penalty is not received within 30 days of the District's notification pursuant to Section 3.3.2 above, the delinquency penalty shall be increased to 100 percent of the original amount due, to a maximum of $1,000.00, and the facility shall thereupon be notified by mail of the increased fee.

3.3.5 If, in the case of a failure to pay the fees required pursuant to this part, the delinquent fee plus penalties assessed pursuant to Section 3.3.2 and 3.3.4 above are not submitted within 120 days of the date of the District's first statement issuance pursuant to Section 3.3.1 of this Rule, the facility shall be considered to be in default of its fee obligation and in violation of this Rule. In such case the Air Pollution Control Officer shall immediately petition the District Hearing Board to hold a hearing to determine whether any or all of the facility's permits should be revoked pursuant to Health and Safety Code Section 42307.

3.3.5.1 After the District has initiated a permit revocation action through the filing of an accusation but before the revocation of any permit pursuant to Health and Safety Code Section 42307, the facility may still cure its default by submitting all outstanding fees plus delinquency penalties and a $269 revocation initiation fee.

3.3.5.2 If any Permit to Operate is revoked by the Hearing Board on account of such default, it may be reinstated upon written request of the facility and upon full payment of all fees, penalties, revocation initiation fee, and a reinstatement fee of $403.

3.3.5.3 Should any individual, partnership, corporation or other entity, be in default of its responsibilities under Rule 305, it shall not be issued any permit or authority to construct under Rule 200 until such obligation is satisfied in full. For the purposes of this Rule, "other entity" shall include any entity in which a principal or equity holder is in default of Rule 305.

3.3.5.4 Any payment made to the District under this Section which is made more than 60 days after the mailing of the original assessment shall be made by certified check.

3.3.5.5 The District may also pursue any other remedy allowed by law.

3.3.6 The penalty for fee delinquency may be waived for extraordinary circumstances at the discretion of the APCO. The adequacy of cause to waive the penalty shall be decided on a case-by-case basis by the APCO.

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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