(a) All permit annual emission fees, fines, penalties, bail forfeitures, grant funding, and other funds collected or received into the Stationary Air Pollution Source Fund shall be used solely for the direct and indirect costs of administration and implementation of the permit program under ASCA 24.0115, and for providing staff and resources to: assist permit applicants with the applications process; review and act upon permit applications; write permits; implement and enforce permit conditions including legal support; prepare guidance and rules; prepare emissions inventories; monitor air quality; inspect facilities to ensure compliance and offer assistance with pollution prevention alternatives, provide technical assistance to permittees; administer the fund, and any other duties needed to administer the provisions of the Environmental Quality Act and these standards and regulations.

(b) The executive secretary shall maintain independent records and accounts of all revenues and expenditures of the air pollution control special fund.

(c) By February 1 of each year the executive secretary shall determine what base rate shall be used to calculate annual fees for the following calendar year pursuant to section 24.0541. The base rate shall be set such that projected revenues generated from annual fees shall equal the total projected program cost, including a contingency of 10%, minus the total projected revenues from all revenue sources except for annual fees (i.e. application fees, penalties, grant funding, etc.) for that year. The base rate shall be calculated in dollars per ton of pollutant and shall be rounded up to the next whole dollar.

(d) If the executive secretary determines that the base rate for the following calendar year must be raised by more than $1 per ton of pollutants above the current year’s base rate or if the base rate shall be raised above $10, the executive secretary shall provide for public notice, including the method by which a public hearing can be requested, and an opportunity for public comment. The applicable procedural requirements of 24.0505 shall be used for public notice, public comment periods, and public hearings.

History: 2005