§ 10.56.080. Permit and annual emission fees.

A.

The metropolitan board of health by rule or regulation may prescribe and provide for the payment and collection of reasonable fees for the issuance of all permits as specified in Sections 10.56.020 through 10.56.070. The fee schedule shall be sufficient to cover all reasonable (direct and indirect) costs required to administer the permit program of this chapter. All fees collected by virtue of this chapter shall be deposited regularly with the metropolitan treasurer in a separate revenue account and shall be used to fund the operation of the air pollution division of the metropolitan health department.

B.

Regulated pollutants for determining emission fees shall mean the annual permitted allowable emissions up to four thousand tons per regulated pollutant, as defined by subsection C of this section, of each of the following pollutants:

1.

Volatile Organic Compounds;

2.

Any pollutant regulated under Section 111 or 112 of the Clean Air Act as amended;

3.

Any pollutant for which a national primary ambient air quality standard has been promulgated, except carbon monoxide; and

4.

Nitrogen oxides.

C.

Permitted allowable emissions for determining permit fees shall mean the emission rate of a source calculated at full design capacity operating eight thousand seven hundred sixty hours per year or an allowable emission rate specified in a legally enforceable permit condition.

D.

Construction Permit.

1.

Any person making application to the metropolitan health department for a construction permit in accordance with the provisions of Section 10.56.020 shall pay an initial filing fee of twenty-five dollars per ton for the potential emissions or the source's proposed permitted annual allowable emissions of each regulated pollutant or one hundred dollars, whichever is greater. This filing fee shall not be refunded if a permit is denied or if the application is withdrawn, nor shall it be applied to any subsequent application.

2.

All fees shall be included with the permit application. Fees shall be paid by check made payable to the metropolitan department of health.

3.

Any person constructing a source without a construction permit in addition to the above initial filing fee shall pay a penalty of fifty percent of the initial filing fee amount, plus interest on the fee amount computed in accordance with Section 6621(a)(2) of a the Internal Revenue Code of 1986.

E.

Operating Permit and Annual Emission Fee.

1.

Any person making application to the metropolitan health department for an operating permit in accordance with the provisions of Section 10.56.040 shall pay the applicable fee in accordance with the following schedule:

a.

Asbestos demolition/renovation removal permits, one hundred dollars;

b.

Air curtain destructor permits, one hundred dollars;

c.

Any owner or operator of any other source required to have an operating permit in accordance with the provisions of Section 10.56.040 must pay an annual emission fee of twenty-five dollars per ton, as adjusted pursuant to the criteria set forth in subsection (E)(1)(e) below of permitted allowable emissions of each regulated pollutant as defined in subsection B of this section, or one hundred dollars, whichever is greater;

d.

The annual emission fee shall be calculated as the sum of permitted allowable emissions of all regulated pollutants, except for carbon monoxide, at a source;

e.

The twenty-five dollars per ton per year used to calculate the annual emission fee shall be adjusted each year by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for calendar year 1989.

The Consumer Price Index for any calendar year is the average of the Consumer Price Index for all urban consumers published by the United States Department of Labor, as of the close of the twelve-month period ending on August 31st of each calendar year.

The revision of the Consumer Price Index which is most consistent with the Consumer Price Index for the calendar year 1989 shall be used;

f.

The annual emission fee is due and payable to the metropolitan department of health in full by March 31st of the year following the year the emissions occurred. Any source failing to pay the annual emission fee by March 31st shall pay in addition a penalty of fifty percent of the annual emissions fee, plus interest on the fee amount as computed by the director in accordance with Section 6621(a)(2) of the Internal Revenue Code of 1986;

g.

The appropriate annual emission fee for a new source that has not been in operation a full calendar year shall be determined by the following equation:

Number of months in operation 12	×	Annual emission fee based on permitted allowable emission
	=	Emission fee

 

h.

A source owner or operator of the opinion that their annual emission fee is improper or incorrect may request a meeting with the director to discuss the annual emission fee assessment. This must be requested in writing at least thirty days prior to the due date of the annual emission fee. This meeting will be for the purpose of explaining to the source owner or operator the computation methods used to determine the annual emission fee and to provide the source an opportunity to explain why the assessment is incorrect. At this meeting, the source may restructure its fee liability through a reduction in permitted allowable emission rates.

Any owner or operator who disagrees with the calculation or the applicability of the fee may petition the board for a hearing.

F.

Permit Modification. Any person making application to the metropolitan health department for the modification of a permit shall be subject to the fee outlined in subsection (D)(1) of this section. No fee is required for modification of a permit to correct clerical, typographical or calculation errors.

G.

No permit will be issued or modified until the appropriate filing fee has been received by the department.

(Ord. 96-584 § 2, 1996; Ord. 95-84 § 4(a), (b), 1995; Ord. 94-1162 § 1, 1994; Amdt. 1 to Ord. 93-790, 9/21/93; Ord. 93-790 § 6, 1993)