1. Every applicant or petitioner for variance, or for the extension, revocation or modification of a variance, or for an appeal from a denial or conditional approval of a Authority to Construct or Permit to Operate or appeal of Hearing Board decision, or request for rehearing including any federal, state or local governmental agency or public district, shall pay to the Clerk of the Hearing Board, on filing, a basic fee of $150.00 for hearings held by the Chairman of the Hearing Board and $300.00 for hearings which involve the entire Hearing Board, adjusted in accordance with the CPI factor of Rule 300F. It is hereby determined that the cost of administration of the Hearing Board and Variance Procedures of Chapter VI of this regulation exceeds these costs. Additional Hearing Board fees and costs may be assessed by the District Hearing Board and District Board as a direct result of the action which the applicant or petitioner has brought before the Hearing Board.

    Third party appeals and rehearings that lead to the overturning of a previous decision by the Hearing Board or the Air Pollution Control Officer shall be refunded 75% of the filing fee.

  2. Any person requesting a written transcript or tape recording of the hearing shall pay the cost of such transcript or recording. The parties to Hearing Board proceedings may be directed by the Hearing Board to pay the cost of transcripts necessary for the Hearing Board's determination of the matter, in such proportion as the Hearing Board may order.

  3. This rule shall not apply to petitions filed by the Control Officer.

  4. Excess Emission Fee
    Each applicant or petitioner for a variance from these Rules and Regulations shall pay to the Clerk or Deputy Clerk of the Hearing Board, in addition to the filing fees required in paragraph (a), an emissions fee based on the total weight of emissions discharged, other than those described in paragraph (e) below, during the variance period in excess of that allowed by these rules in accordance with the schedule set forth in Table I, or the amount set forth in paragraph (f), whichever is greater.

    In the event that more than one rule limiting the discharge of the same contaminant is violated, the excess emission fee shall consist of the fee for violation which will result in the payment of the greatest sum. For the purposes of this paragraph, opacity rules and particulate mass emission rules shall not be considered rules limiting the discharge of the same contaminant.

  5. Excess Visible Emission Fee
    Each applicant or petitioner for a variance from Rule 410, permit limitation or Health and Safety Code Section 41701 shall pay to the Clerk of the Hearing Board, in addition to the filing fees required in (a) above, and the excess emission fees required in paragraph (d) above (if any), an emission fee based on the difference between the opacity allowed by Rule 410 or permit limitation and the opacity of the emissions allowed from the source or sources operating under the variance, in accordance with the schedule set forth in Table II.

  6. Minimum Fees When a variance is granted from a rule or rules which limit the discharge of air contaminants, such that an excess emission fee is due, a fee of at least $15.00 per day shall be imposed and remitted.

  7. Applicability
    The provisions of paragraph (d) shall apply only to those rules that specify quantitative emission limits.

  8. Fee Determination
    1. The excess emission fees shall be calculated by the petitioner based upon the requested number of days of operation under variance multiplied by the expected excess emissions as set forth in paragraphs (d) and (e) above. The calculations and proposed fees shall be set forth in the petition.

    2. The Hearing Board may adjust the excess emission fee required by paragraphs (d) and (e) of this rule based on evidence regarding emissions presented at the time of the hearing.

  9. Adjustment of Fees
    If after the term of a variance for which emissions fees have been paid, petitioner can establish, to the satisfaction of the Executive Officer, that emissions were actually less than those upon which the fee was based, a pro rata refund shall be made. If excess emissions during the term of the variance are greater than calculated under subsection (h), the Executive Officer shall recalculate the excess emission fees and assess an additional fee.

  10. Emission Fee Assessment
    The actual assessment of an excess emissions fee shall occur once the Hearing Board grants a variance.

  11. Fee Payment
    Failure to pay the excess emission fees required by paragraphs (d), (e) and (f) of this rule within fifteen (15) days of the effective date of the variance shall invalidate the variance.

  12. Discretionary Powers

Any person may allege that payment of any of the foregoing excess emission fee provisions will cause an unreasonable hardship and may be excused from payment of such fees or a portion of such fees by order of the Hearing Board if the Board in its discretion determines after hearing evidence thereon that payment of such fees would cause financial hardship to the petitioner with no corresponding benefit to the public.

Schedule of Excess Emissions Fees
Table I

Air Contaminant

Dollar Per Ton

Organic gases, except methane and those containing sulfur

$ 200.00

Oxides of nitrogen (expressed as nitrogen dioxide)

$ 100.00

Oxides of sulfur (expressed as sulfur dioxide)

$ 100.00

Total reduced sulfur compounds (expressed as hydrogen sulfide)

$ 200.00

Particulate matter

$ 200.00

Table II

For each source with opacity emissions in excess of the limits of Rule 410 Visible Emissions or of a permit limitation the fee is calculated as follows:

Fee = Actual Opacity - Allowed Opacity x $3.50/day x number of days allowed under the variance.

Note: For purposes of this rule, actual opacity shall be defined as the highest 3 minute average in any one hour. For sources subject to New Source Performance Standards, actual opacity shall be defined as the highest 6 minute average opacity during a 24 hour period. The actual and allowed opacity shall be expressed in a percent opacity.