(Adopted: June 28, 1995 )

(A) General

  1. Purpose:

    (a) This rule sets forth the fees required to be paid prior to the creation and/or transfer of Emission Reduction Credits pursuant to Regulation XIV.

  2. Applicability:

    (a) This rule shall apply to all applications for Emission Reduction Credits submitted pursuant to District Rule 1402(B)(1).

    (b) This rule shall apply to any transfer, incumbrance, and/or reclassification of Emission Reduction Credits pursuant to District Rule 1402(D).

(B) Definitions

  1. For the purposes of this rule the definitions contained in District Rule 1401 shall apply.

(C) Requirements and Procedures

  1. Fees shall be paid when due, and as specified in this rule and in District Rule 1402.

  2. The initial fee for the issuance of ERCs pursuant to District Rule 1402(B) is due upon submittal of the application for such ERCs. Analysis fees, if any, shall be billed prior to the issuance of the ERC Certificate.

    (a) The District will neither accept nor process an application for ERCs for which the initial fee has not been paid in full.

    (b) The District will not issue an ERC Certificate to an applicant until any analysis fees are paid in full.

  3. The fee for the incumbrance or transfer of ERCs pursuant to District Rule 1402(D) is due upon the filing of the document effecting incumbrance or transfer with the District.

    (a) The District will not process any incumbrance or transfer of ERCs unless the fee has been paid in full.

(D) Fee Schedule

  1. Any person submitting an application for ERCs pursuant to District Rule 1402(B)(1) shall pay an initial fee of $350 for each application submitted and shall pay an analysis fee based upon the actual and reasonable labor time in excess of ten (10) hours of labor, billed at the rate of $55 per hour.

  2. Any person submitting a document effecting an incumbrance of or transfer of ERCs pursuant to District Rule 1402(D)(2) - (4) shall pay a fee of $75 for each document submitted.

  3. Any person who has received notification that the APCO has approved the reclassification of Class "B" ERCs to Class "A" ERCs shall pay a processing fee of $50 at the time the affected Class "B" ERC Certificates are submitted for conversion to Class "A" ERC Certificates.

(E) Refunds for Withdrawn Applications

  1. If an application has been withdrawn by the applicant pursuant to District Rule 1402(B)(1)(d) or 1402(B)(2)(b)(i)d. within sixty (60) days of the date of the submittal of the application, the applicant shall be entitled to a refund of sixty percent (60%) of the fee paid upon application.