San Luis Obispo County Air Pollution Control District
 
 

RULE 302 - SCHEDULE OF FEES

(Adopted 8/2/76; Revised 12/6/76, 9/26/77, 9/24/79, 6/24/81, 6/21/82, 11/21/83, 5/13/86, 5/24/88, 1/2/90, 6/18/91, 9/15/92, 6/7/95, 4/10/96, 6/5/96, and 6/18/97)

A. FEE UNITS

Fees assessed for the issuance of a Permit to Operate a new or modified source shall not exceed the total costs to the District for processing nor shall be less than $100.00.

B. FILING FEES

Except for any State or Local Government or Public District, every applicant for an Authority to Construct or a Permit to Operate any new, modified, or relocated article, machine, equipment or other contrivance, shall pay a filing fee of $100.00. The filing fee shall be applied to the fee prescribed for the issuance of an Authority to Construct or a Permit to Operate.

C. AUTHORITY TO CONSTRUCT FEE

Every applicant for an Authority to Construct shall pay a fee for the issuance of an Authority to Construct based upon actual hours spent by District staff at a rate which reflects labor costs as set periodically by the Air Pollution Control Board and actual costs incurred by the District in evaluating the application. The applicant may be billed periodically for actual costs of evaluating an application over an extended time.

D. PERMIT TO OPERATE FEE

  1. Every applicant for a Permit to Operate or a Permit to Sell or Rent shall pay a fee for the issuance of the permit based upon actual hours spent by the District staff at a rate which reflects labor costs as set periodically by the Air Pollution Control Board and actual costs incurred by the District in evaluating the application.

  2.  
     
  3. In addition to the fees required under Section D.1, a person seeking a Permit to Operate or a Permit to Sell or Rent for an article, machine, equipment or other contrivance for which an Authority to Construct was required but not obtained shall pay a penalty fee of up to one and one-half times the amount required by that Section. Payment of this penalty fee shall not automatically relieve the applicant of additional enforcement action. (Added 11/21/83)

  4.  
     
  5. In addition to all other fees required under this Section, every applicant for a Permit to Operate or a Permit to Sell or Rent shall, upon issuance of the permit, pay an initial operating period fee equivalent to those fees required under Section E.

  6.  
     

    a. The Air Pollution Control Officer may waive the first year's operating fee for applicants who qualify. To seek this waiver, an Application for Initial Operating Fee Waiver must be submitted during the permit application process.

E. PERMIT RENEWAL FEE SCHEDULE

Any article, machine, equipment or other contrivance in the categories listed below for which a Permit to Operate or a Permit to Sell or Rent is issued, shall be re-evaluated and the permit renewed periodically and renewal fees assessed in accordance with the schedule below. The renewal fees for a Permit to Sell or Rent shall be one-half of that amount indicated in that schedule. Total renewal fees shall be determined for each unit by adding the fee calculated in Column A with the fee calculated in Column B.
 


 
 
 
 
 
 

Permit Category

Column A 

Formula for Renewal 

Fee/Unit*

Column B 

Formula for Toxic Air Contaminant 

Renewal Fee/Unit*

1. Air monitoring and data handling oversight-per station 115.0x 0
2.Asphaltic concrete batch plants 22.7x 2.3x
3.Boilers, steam generators, heaters, or other gaseous, liquid, or solid fuel fired combustion equipment, except fossil fuel fired power plants (in terms of the design heat input rating)
a.5 million British thermal units per hour (mmBTU/hr) or less 17.0x 3.0x
b. Greater than 5 mmBTU/hr but less than or equal to 10mm BTU/hr 24.0x 4.0x
c. Greater than 10 mm BTU/hr 27.2x 5.3x
4.Brick or concrete block manufacturing facilities (in terms of the annual production rate) 
a. 0.5 million blocks per year or less 3.5x 0.5x
b. Greater than 0.5 but less than or equal to 1.0 million blocks per year 7.0x 1.0x
c. Greater than 1.0 million blocks per year 14.0x 3.0x
5.Cement handling equipment 11.0x 3.0x
6.Chemical manufacturing process unit 7.7x 0.8x
7. Concrete batch plants (in terms of the annual production rate)
a. 10,000 yards per year or less 3.0x 1.0x
b. Greater than 10,000 but less than or equal to 25,000 yards per year 7.0x 1.0x
c.Greater than 25,000 yards per year 14.0x 3.0x
8.Crematory incinerators 8.5x 0
9.Crude oil and distillate oil storage facilities (basic) 21.0x 3.0x
10.Crude oil and distillate oil pump station (basic) 21.0x 3.0x
11. Degreasers 7.7x 0.8x
12. Driers or kilns 11.3x 1.2x
13. Drycleaning operations 7.7x 0.8x
14. Electrolytic plating operation 22.0x 6.0x
15. Ethylene Oxide Sterilizers 27.0x 4.0x
16. Seed and grain mills
a. Any cyclone vented to atmosphere 11.3x 0
b. No cyclone vented to atmosphere 5.6x 0
17. Fiberglass products manufacturing 27.0x 4.0x
18. Fixed or internal floating roof petroleum storage tank  12.0x 3.0x
19. Floating roof petroleum storage tank 19.0x 3.0x
20. Fossil fuel fired power plant boiler (basic) 1025.0x 30.0x
21. Gasoline dispensing facility and associated vapor recovery system (basic) 1.0x 0.8x
22. Gasoline dispensing vapor recovery nozzle 0.3x 0.2x
23. Gasoline storage facility, loading rack, and associated vapor recovery system(s) - bulk 13.0x 1.25x
24. Gasoline storage facility and associated vapor recovery system - retail and consumer account 2.0x 0.2x
25. Gasoline vapor recovery, vacuum assist testing 3.0x 0
26. Internal combustion engine
a. First emissions unit 7.7x 0.8x
b. Each additional emissions unit 3.6x 0.4x
27. Landfill gas collection (basic) 47.0x 4.0x
28. Marine loading terminal 50.0x 15.0x
29. Marine unloading terminal 25.5x 7.5x
30. Miscellaneous 7.7x 0.8x
31. Motor vehicle and mobile equipment coating (in terms of the volatile organic compound (VOC) content of materials used)
a. 50 gallons per year or less 3.5x 0.5x
b. Greater than 50 but less than or equal to 700 gallons per year 5.4x 1.5x
c. Greater than 700 gallons per year 9.0x 3.0x 
32. Multiple chambered incinerators, including pathological incinerators 22.0x 10.5x
33. Onshore dewatering process units associated with offshore oil and gas production 85.5x 10.5x
34. Oil and gas production and processing facilities (basic) 330.0x 37.5x
35. Oil and gas production and processing facilities (basic for producers of 300 bbl per day or less) 47.0x 4.0x
36. Oil production vapor recovery systems 49.5x 10.5x
37. Oily water treatment systems 31.5x 10.5x
38. Paint bake oven 7.7x 0.8x
39. Petroleum coke calcining facilities (basic) 1,974.0x 60.0x
40. Petroleum loading rack - Note: gasoline bulk plants are covered by the Gasoline Storage (bulk) category above 22.0x 6.0x
41. Petroleum processing sulfur recovery and tail gas units 78.5x 10.5x
42. Petroleum refinery production line (basic) 244.0x 22.5x
43. Petroleum refining process units 99.5x 10.5x
44. Printing operation (in terms of the VOC content of materials used)
a. 50 gallons per year or less 1.7x 0.3x
b. Greater than 50 but less than or equal to 700 gallons per year 6.7x 0.8x 
c. Greater than 700 gallons per year 27.0x 3.0x
45. Public and private waste water treatment works 10.0x 6.0x
46. Rock crushing, screening, sizing, and storage operations(in terms of the annual production rate)
a.10,000 tons per year or less 3.5x 0.5x
b. Greater than 10,000 but less thanor equal to 100,000 tons per year 7.0x 1.0 
c. Greater than 100,000 tons per year 14.0x 3.0x
47. Sand and gravel screening, sizing, handling, and storage operations (in terms of the annual production rate)
a.10,000 tons per year or less 3.5x 0.5x
b.Greater than 10,000 but less than or equal to 100,000 tons per year 7.0x 1.0x
c.Greater than 100,000 tons per year 14.0x 3.0x
48. Sandblasting equipment 4.5x 0.5x
49. Soil decontamination process unit 7.7x 0.8x
50. Surface coating or adhesive application operation (in terms of the VOC content used) - Note: autobody shops are covered by the Motor Vehicle Coating category above
a. 50 gallons per year or less 1.7x 0.3x
b. Greater than 50 but less than or equal to 700 gallons per year 6.7x 0.8x
c. Greater than 700 gallons per year 27.0x 3.0x
51.Wood working operation 7.7x 0
 

* Where x is the hourly labor rate set periodically by the Air Pollution Control Board.

F. PERMIT RENEWAL FEES

  1. For the purposes of Section E, the permit renewal fee for the facilities designated "basic" shall be for the facility shown. Additional renewal fees shall be charged for other equipment located in the basic facility and included in the Permit Category list.
  2. For the purposes of Section E, the yearly process rate will be considered the greater of that amount allowed by permit condition or that amount processed in the calendar year immediately prior to permit renewal.
  3. Renewal fees shown in Section E do not include fees for compliance source testing. Source testing fees shall be designated per Section G.
  4. Any necessary additional District staff time or resources dedicated to determining compliance of a stationary source for the purpose of renewing a Permit to Operate shall be charged to the holder of the Permit at a rate which reflects labor costs as set periodically by the Air Pollution Control Board and actual costs incurred by the District and added to the renewal fees shown in Section E.
  1. For permits to operate issued pursuant to Rule 216, Federal Part 70 Permits, or Rule 217, Federal Part 72 Permits, the renewal fees identified in Section E shall be assessed annually as a compliance evaluation fee.

  2.  
     
G. SOURCE TEST FEES

Before granting or denying an application for a Permit to Operate or in renewing a Permit to Operate, the Air Pollution Control Officer (APCO) may require the sampling and testing of air contaminants discharged into the atmosphere from the article, machine, equipment or other contrivance being evaluated. At the option of the applicant, the applicant may contract with an independent testing laboratory for the testing or may request the District to perform the test. If the former option is selected, the choice of test method and testing laboratory is subject to the approval of the APCO. If the latter option is selected and the District is willing to perform the test, the applicant shall pay a fee for the source testing determined by the District based on direct labor hours used, supplies and services expended, and indirect costs incurred.

H. APPLICATION FOR AN ALTERATION OR MODIFICATION

Where a Permit to Operate has previously been granted for such equipment under Rule 202 and an alteration or modification is to be made, the applicant shall be assessed a fee based upon actual hours spent and costs incurred by the District for application evaluation.

I. TRANSFER OF OWNER

Where an application is filed for a Permit to Operate any article, machine, equipment or other contrivance by reason of transfer from one person to another and no alteration, emission increase, or addition has been made, the applicant shall pay $35.00.

J. REVISED PERMIT CONDITIONS

When an application is filed involving, exclusively, revisions to the conditions of an existing Permit to Operate, as provided in Rule 206, and there is no change or a decrease in ratings, the applicant shall pay a filing fee of $50.00 and be assessed a total fee based upon the actual hours spent and costs incurred by the District for application evaluation.

K. LATE FEE

  1. When an Authority to Construct or Permit to Operate is issued or renewed, it shall be accompanied by a statement of the fee to be paid therefore. If the fee is not paid within thirty calendar days after the statement of the fee has been issued, the APCO shall thereupon promptly notify the applicant of the past due fee by certified mail (i.e., second notice). If the past due fee is not paid within thirty calendar days after the second notice has been issued, the fee shall be increased by one-half the amount thereof and the APCO shall thereupon promptly issue to the applicant a statement which reflects the increased fee and send that statement to said applicant by certified mail. Non-payment of the increased fee within thirty calendar days after the statement of the increased fee has been issued shall result in automatic cancellation of the application or the suspension of the Permit to Operate.

  2.  
     

    a. A Permit to Operate suspended for non-payment of fees shall be reinstated only after payment of the original renewal fee, any late fees, and a charge for all reasonable costs incurred by the District through fee recovery and enforcement actions resulting from said Permit suspension as determined by the APCO; the Permit holder may appeal assessment of this cost recovery charge by petition to the Hearing Board.

    b. A Permit to Operate suspended for a time period of one year or more for non-payment of fees may be revoked by the Hearing Board after being petitioned to take such action by the APCO. The permittee shall be notified of the pending hearing no less than 10 calendar days prior to the Hearing Board's review of such a petition.

L. FEE FOR PERMIT GRANTED BY HEARING BOARD

In the event that a Permit to Operate is granted by the Hearing Board after denial by the APCO or after the applicant deems his application denied, the applicant shall pay the fee prescribed in Section D within thirty calendar days after the date of the decision of the Hearing Board. Non-payment of the fee within this period of time shall result in automatic cancellation of the Permit and the application.

M. DUPLICATE PERMIT

A request for a duplicate Permit to Operate shall be made in writing to the APCO within ten calendar days after the destruction, loss, or defacement of a Permit to Operate and shall contain the reason a duplicate permit is being requested. A fee of $2.50 shall be paid for issuing each duplicate Permit to Operate.

N. NESHAPS INSPECTIONS

  1. Any District staff time or resources dedicated to determining compliance with Regulation VII, with the exception of asbestos demolition or renovation, shall be charged to the person responsible for the facility subject to that regulation at a rate which reflects labor costs as set periodically by the Air Pollution Control Board and actual costs incurred by the District.

  2.  
     
  3. For each asbestos demolition and renovation project, the following fee schedule shall apply:

  4.  
     

    a. For projects involving the removal or stripping of less than 260 lineal feet of material; less than 160 square feet of material; or less than 35 cubic feet of material, the owner or operator shall pay a plan fee of $100.00.

    b. For projects involving the removal or stripping of 260 lineal feet or more of material, but less than 1,000 lineal feet of material; 160 square feet or more of material, but less than 1,000 square feet of material; or 35 cubic feet or more of material, but less than 1,000 cubic feet of material, the owner or operator shall pay a plan fee of $200.00.

    c. For projects involving the removal or stripping of 1,000 lineal, square, or cubic feet or more of material, but less than 10,000 lineal, square, or cubic feet of material, the owner or operator shall pay a plan fee of $300.00.

    d. For projects involving the removal or stripping of 10,000 lineal, square, or cubic feet or more of material, the owner or operator shall pay a plan fee of $1,000.00.