SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT



(Adopted September 2, 1977)(Amended May 5, 1978)(Amended March 5, 1982)
(Amended August 5, 1983)(Amended October 5, 1984)(Amended January 6, 1989)
(Amended June 1, 1990)(Amended June 6, 1992)(Amended June 11, 1993)
(Amended June 10, 1994)(Amended May 12, 1995)(Amended May 10, 1996)
(Amended May 9, 1997) (Amended May 8, 1998)(Amended May 14, 1999)
(Amended May 19, 2000)

RULE 303. HEARING BOARD FEES

(a) Filing Fees

Every applicant or petitioner in a proceeding before the Hearing Board shall pay to the Clerk or Deputy Clerk, at the time of filing, a filing fee in accordance with the schedule set forth in Table III for each petition

(b) Filing Fee Refunds

(c) Publication Fees

Every petitioner for relief which requires published notice shall pay a fee to cover the actual cost of publication of notice(s) of hearing.

(d) Excess Emission Fee

(e) Excess Visible Emission Fee

(f) Minimum Excess Emission Fees

When a variance is granted from a rule or rules which limits the discharge of air contaminants, an excess emission fee shall be imposed upon and remitted by the source. The excess emission fee remitted, regardless of calculations, shall be no less than $25.31 per day, per source.

(g) Applicability

The provisions of subdivision (d) shall apply only to those rules or permit conditions that specify quantitative emission limits.

(h) Fee Determination

(i) Small Business Eligibility

(j) Group Variance Fees

(k) Adjustment of Fees

If after the term of a variance for which emission fees have been paid, petitioner can establish, to the satisfaction of the Executive Officer , that emissions were actually less than those upon which the fee was based, a pro rata refund shall be made.

(l) Emission Fee Refunds

In the event that the petition is withdrawn or the variance is not granted, petitioner shall be entitled to a full refund of the unused excess emission fees.

(m) Fee Payment/Variance Invalidation

(n) Request for Time Extension of Payment Due

Whenever this rule requires fees to be paid by a certain date, in order to avoid invalidation of a variance or refusal of acceptance of other petitions, the petitioner may, for good cause, request the Executive Officer to grant an extension of time, not to exceed ninety (90) days, within which the fees shall be paid. Any request for extension of time shall be presented in writing, and accompanied by a statement of reasons why the extension should be granted.

(o) Discretionary Powers

Any person may allege that payment of any of the fees within this rule, excluding publication fees, will cause an unreasonable hardship and may be excused from payment of such fees or a portion of such fees by order of the Hearing Board if the Board in its discretion determines after hearing evidence thereon that payment of such fees would cause financial or other unreasonable hardship to the petitioner.

(p) Transcript Fees

Any person requesting a transcript of the hearing shall pay the cost of such transcript. The parties to hearings and prehearing proceedings may be directed by the Hearing Board to pay the cost of transcripts necessary for the Hearing Board's determination of the matter, in such proportion as the Hearing Board may order.

(q) Government Agencies

(r) Waiver of Fees

All fees associated with this rule shall be waived for any petition for a variance filed as the result of any event declared to be a "state of emergency" by the local, state, or federal authorities.

(s) Service Charge for Returned Check

Any person who submits a check to the District on insufficient funds or on instructions to stop payment on the check, absent an overcharge or other legal entitlement to withhold payment, shall be subject to a $26.75 service charge.

(t) Transition Period Fees for Year 2000

Any applicant or petitioner who paid the filing fee that was in effect on or before June 30, 2000 shall pay, for their first day of hearing, the appearance fee that was in effect on June 30, 2000. Appearance fees for any subsequent hearing dates shall be those in effect at the time of the hearing dates.


Air Contaminants

Dollars Per Ton

Organic gases, except methane and those containing sulfur

$771.56

Carbon Monoxide

$7.55

Oxides of nitrogen (expressed as nitrogen dioxide)

$462.87

Gaseous sulfur compounds (expressed as sulfur dioxide)

$539.79

Particulate matter

$539.79

Toxic Air Contaminants

Dollars Per Pound

Asbestos  

$3.40

Benzene  

$1.13

Cadmium  

$3.40

Carbon tetrachloride  

$1.13

Chlorinated dioxins and dibenzofurans (15 species)  

$5.66

Ethylene dibromide  

$1.13

Ethylene dichloride  

$1.13

Ethylene oxide  

$1.13

Formaldehyde  

$0.23

Hexavalent chromium  

$4.53

Methylene chloride  

$0.06

Nickel  

$2.26

Perchloroethylene  

$0.23

1,3-Butadiene  

$3.40

Inorganic arsenic  

$3.40

 

Toxic Air Contaminants

Dollars Per Pound

Beryllium  

$3.40

Polynuclear aromatic hydrocarbons (PAH)  

$3.40

Vinyl chloride  

$1.13

Lead  

$1.13

1,4-Dioxane  

$0.23

Trichloroethylene  

$0.11


TABLE II

SCHEDULE OF EXCESS VISIBLE EMISSION FEE

For each source with opacity emissions in excess of twenty percent (20%), but less than forty percent (40%) (where the source is in violation of Rule 401), the fee is calculated as follows:

For each source with opacity emissions in excess of forty percent (40%) (where the source is in violation of Rule 401 and California Health and Safety Code Section 41701), the fee is calculated as follows:


 

Large
Business

Small
Business



GROUP I
   
Filing Fee

$597.50

$179.33

  • Modification of Increments of Progress
   
  • Interim Authorization (increments of progress)
   
  • Modification of Variance (not the final compliance date)
   
  • Other administrative type of hearings
   
Plus, for each hearing day in addition to the first hearing necessary to dispose of the petition the additional sum of


$200.00


$89.50

     


GROUP II
   
     
Filing Fee

$800.00

$179.33

  • Short
   
  • Regular
   
  • Emergency variance
   
  • Modification of Final Compliance Date and Extension of a Variance
   
  • Modification of Order for Abatement (requested by respondent)
   
  • Permit Suspension
   
Plus, for each hearing day in addition to the first hearing necessary to dispose of the petition the additional sum of


$447.95


$89.50

     


GROUP III
   
     
Filing Fee

$1,000.00

$179.33

  • Interim and Regular
   
  • Interim and Short
   
Plus, for each hearing day in addition to the first hearing necessary to dispose of the petition the additional sum of


$447.95


$89.50

     


GROUP IV
   
     
Filing fee

$1,200.00

$179.33

  • Denial/Issuance of Permit(s) to Construct/Operate
   
  • Condition(s) issued on Permit(s)
   
  • Denial/Issuance of Emission Reduction credits
   
  • Denial/Approval of APC Plans including Rule 2202 Plans
   
  • Product Variance
   
  • Permit Suspension
   
Plus, for each hearing day in addition to the first hearing necessary to dispose of the petition the additional sum of


$447.95


$89.50

     

 



GROUP V
   
       
Filing Fee (as a group) Two Petitioners

$900.00

 
  Three Petitioners

$1,400.00

 
  Four or More Petitioners

$2,000.00

 
  • Group Variances
     
Plus, for each hearing day in addition to the first hearing necessary to dispose of the petition the additional sum of


$671.93

 
     


GROUP VI
   
     
Filing Fee

$300.00

$89.50

  • Consent Calendar
   
In the event a hearing is scheduled, and for each hearing day in addition to the first hearing necessary to dispose of the petition the additional sum of



$175.00



$89.50

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