(Adopted January 4, 1985)(Amended June 5, 1987)(Amended June 3, 1988)
(Amended January 6, 1989)(Amended November 3, 1989)(Amended July 6, 1990)
(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 306. PLAN FEES

(a) Summary

California Health and Safety Code Section 40522 provides authority for the South Coast Air Quality Management District to adopt a fee schedule for the approval of plans to cover the costs of review, planning, inspection, and monitoring related to activities conducted pursuant to the plans. An annual fee may also be charged to cover the costs of annual review, inspection, and monitoring related thereto. This rule establishes such a fee schedule, and requires that fees be paid for:

(b) Definitions

For the purpose of this rule, a plan is any data and/or test report required by federal or state law, or District Rules and Regulations to be submitted to the District. A plan may be a description of a method to control or measure emissions of air contaminants required by the Rules and Regulations. Plans include, but are not limited to, the following: Demonstration Plan; Application Test Plan; Implementation Plan; Compliance Plan; Management Plan; Control Plan; Acid Rain Repowering Extension Plan and Compliance Plan; Acid Rain Continuous Emission Monitoring System Plan; Acid Rain Protocol/Report Evaluation; VOC Excavation Mitigation Plan; Reduction of Refrigerant Emissions from Stationary Refrigeration and Air Conditioning Systems Plan, Title V Exclusion Requests, Rule 109.1. Alternative Recordkeeping System Plan and Solid Waste Air Quality Assessment Test Reports (Health and Safety Code Section 41805.5).

(c) Plan Filing Fee

The filing fee for a plan or change of condition shall be $84.28.

(d) Plan Evaluation Fee

The plan evaluation fee shall be an amount equal to the total actual and reasonable time incurred by the District for evaluation of a plan, assessed at the rate of $84.28 per person per hour or prorated portion thereof.

(e) Duplicate Plan Fee

A request for a duplicate plan shall be made in writing by the applicant. The applicant shall pay $14.51 for each plan requested.

(f) Change of Condition Fee

Any request for a change of condition on a VOC Excavation Mitigation Plan shall be made in writing by the applicant. A request submitted after thirty (30) days of the issuance of the plan shall be subject to additional fees assessed at the rate of $84.28 per hour for time spent in evaluation of the plan. Such fees shall be imposed at the time the review is completed.

(g) Annual Review Fee

If the Executive Officer determines that an annual review is necessary, an annual review fee shall be charged. The annual review fee shall be an amount equal to the total actual and reasonable time incurred by the District for review of the plan, assessed at the rate of $84.28 per person per hour or prorated portion thereof, and shall be imposed at the time the review is completed.

(h) Payment of Fees

(i) Small Business Discount

For small businesses filing plans, the fees assessed shall be fifty percent (50%) of the amounts specified in subdivisions (c), (d), (f), and (g).

(j) Alternative Recordkeeping System Plan Discount

For alternative recordkeeping system plan filed pursuant to Rule 109.1, the fee assessed shall be fifty percent (50%) of the amount specified in subdivisions (d), (f), and (g).

(k) Plan Application Cancellation Fee

The plan application cancellation fee shall be $112.37 or the plan fee set forth in the Summary Permit Fee Rates table, whichever is less.

(l) Protocol/Report Evaluation Fees

A minimum fee of $224.84 will be charged for the evaluation of source test protocols and reports. Additional fees for time spent in the evaluation in excess of 5 hours will be assessed at the hourly rates of $84.28 per hour.

(m) Request for Time Extension of Payment Due

Whenever this rule requires fees to be paid by a certain date to avoid expiration, cancellation, or the imposition of an increased fee for late payment, the Executive Officer may, for good cause, grant an extension of time, not to exceed one hundred eighty (180) days, within which the fee payment shall be made. Any request for an extension of time hereunder shall be made in writing and accompanied by a statement of reasons explaining why the extension should be granted.

(n) Adjustment of Fees

The Executive Officer may, upon finding an administrative error by District staff regarding the calculation, imposition, noticing, invoicing, and/or collection of any fee set forth within this rule, rescind, reduce, increase, or modify such fee. Any request for such relief from an administrative error shall be received by the District in writing prior to the expiration date of notification of the amount due, accompanied by a statement of why such relief should be granted. Claims for refund of any fee required by this rule shall be submitted in writing within one (1) year after the fee was paid.

(o) Exemptions

Mobile Source Emission Reduction Credit (MSERC) Applications and Compliance Plans required under Regulation XVI shall be exempt from the provisions of this rule. Fees for Regulation XVI MSERC Applications and Compliance Plans shall be assessed in accordance with District Rule 309.

(p) Government Agencies

Federal, state, or local government agencies or public districts shall pay all fees.

(q) Effective July 1, 1996, all Air Quality Investment Program (AQIP) fees shall be subject to Rule 311 and all other Rule 2202 registration fees shall be subject to Rule 308.

(r) 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 $26.75 service charge.