10.1-1322.2 - Preliminary program permit fees.
§ 10.1-1322.2. Preliminary program permit fees.
A. Prior to the adoption and implementation of a permit fee schedule asauthorized under subsection B of § 10.1-1322, the owners of sources of airpollution which are registered by the Department in accordance with theregulations of the Board are assessed preliminary program permit fees on anannual basis in accordance with subsection C of this section. These feesshall be deposited in the Air Pollution Permit Program Fund established by §10.1-1322.1. The Department shall issue annual notices of the fees to ownersof registered sources on or before August 1 of each fiscal year. Each noticeof a fee shall include a summary of the data on which the fee is based. Feesshall be payable thirty days after receipt of notice. Failure to make timelypayment within ninety days shall be grounds to institute a collection actionagainst the owner of the registered source by the Attorney General.
B. The provisions of this section shall be applicable to all owners in caseswhere the aggregate of all pollutants emitted (as calculated or estimated) byall sources owned or controlled by the same owner, or by any entitycontrolling, controlled by, or under common control with such owner, aregreater than 500 tons per year. Any individual stationary source with actualemissions (as calculated or estimated) of less than 100 tons per year shallnot be subject to a fee under subsection C of this section. Determination ofthe tons per year of air pollution shall be based on all actual pollutantsemitted during the prior calendar year.
C. The Department shall assess preliminary program permit fees uniformly,based on the aggregate of all pollutants emitted (as calculated or estimated)during the calendar year immediately preceding the fiscal year, in an amountcalculated to produce revenue totaling $3.1 million. In no instance shall apreliminary fee assessed in any calendar year exceed $100,000 per source.The establishment of a fee schedule under this subsection shall be exemptfrom the provisions of Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title2.2.
D. Notices of preliminary program permit fees shall not be issued for anyfiscal year in which the fees for the operating permit program are in effectin accordance with regulations adopted pursuant to subsection B of §10.1-1322. Should a permit program fee become due and payable during afiscal year when the owner has paid a preliminary program permit fee, thepermit program fee shall be reduced in an amount equal to the pro rata shareof the preliminary program permit fee for the months remaining in the fiscalyear. The pro rata share is determined by dividing the fee into twelve equalparts and multiplying that sum by the number of months remaining in thefiscal year.
E. Utilization of the fees collected pursuant to this section shall belimited to the agency's direct and indirect costs of processing permits inorder to more efficiently issue permits and to prepare for and beginimplementation of the federal Clean Air Act requirements. The fees shall beexempt from statewide indirect costs charged and collected by the Departmentof Accounts.
F. Fees collected pursuant to this section shall not supplant or reduce inany way the general fund appropriation to the Department.
(1992, c. 488.)