PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4), 70.94.141.
Title of Rule: Regulation 1.
Purpose: Establish fee schedule for Notice of Construction and Asbestos programs; revise fee schedule for Source Registration Program; revise Article 5 Open Burning to bring into compliance with state law, general housekeeping, throughout regulation.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: Chapter 70.94 RCW.
Summary: See Purpose above.
Reasons Supporting Proposal: Full cost recovery for program expenses.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: David A. Lauer, 650 George Washington Way, Richland, WA 99352, (509) 943-3396.
Name of Proponent: Benton Clean Air Authority, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal Changes the Following Existing Rules: Establishes and revises fee schedules in order to achieve cost recovery on existing programs.
Current burn regulations in Article 5 are less stringent than state law, which was revised in April 2000. Those changes have been incorporated into Article 5 revision.
Hearing Location: Benton County Annex, Conference Room, 5600 West Canal, Kennewick, WA 99336, on October 18, 2001, at 6:00 p.m.
Submit Written Comments to: David A. Lauer, 650 George Washington Way, Richland, WA 99352, fax (509) 943-2232, by October 17, 2001.
Date of Intended Adoption: October 18, 2001.
July 26, 2001
Terry Flores
Administrative Assistant III
ARTICLE 5
Outdoor Open Burning
ADOPTED: April 18, 1996
EFFECTIVE: May 25, 1996
Reviser's note: The typographical error in the above material occurred in the copy filed by the Benton Clean Air Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.
Section 5.01 Reserved
Section 5.02 Authority Implementation
A. General Requirments Open burning in Benton County will be
regulated using the "General Rule Burn" permitting system
described in WAC 173-425-070. This system, which provides a
limited number of days when open burning is allowed, will be
implemented and enforced by the BCAA within all city limits and
urban growth areas in Benton County. The BCAA will provide a
spring window and fall window when burn days will be specified as
established by WAC 173-425-070 or Board decision. Within each
window, the BCAA will make daily burn decisions based on current
monitoring and meteorological information. This information will
be provided daily on a published burn-message phone line, and/or
through the local media. Open burning is restricted at all other
times throughout the year, except as defined in Section 5.02 (B)
and (C), or with a Special Burn Permit as described in Section
5.02(F) below.
1. Definitions of all terms in this article are as defined in WAC 173-425-030.
2. No outdoor burning shall be allowed on any construction or demolition sites (except for fire training, which requires a special burn permit).
3. There are no restrictions on burning tumbleweeds, which have been blown by the wind, regardless of location within Benton County or the current "burn day" status.
B. For all areas within Benton County which are outside of
all city limits and urban growth areas, open burning for
residential purposes may be conducted without a permit (or
permission) and without the payment of a fee except for those
outlined in Section 5.02 (D)(2),(D)(8),(D)(9), and (F)(2) below.
Inside Urban Growth Areas (UGA)
1. After January 1, 2001 residential and land clearing burning is prohibited inside UGA's with a population greater than 5,000.
2. For UGA's within Benton County with a population less than 5,000, the BCAA Board of Directors will determine the availability of reasonable alternatives to burning. If the BCAA Board determines reasonable alternatives are not currently available and the population is less than 5,000, eight days per year will be granted for burning in that area. The eight days will be equally assigned to two burn periods, four days each in spring and fall. The BCAA will make daily burn decisions, based on current monitoring and meteorological information, until four days have been granted within each period.
a. After January 1, 2006, residential and land clearing burning will be prohibited in UGA's with a population less than 5,000.
b. In any UGA, which at anytime before January 1, 2006 attains population greater than 5,000 or which reasonable alternatives are established as of January 1, 2003 by the BCAA Board of Directors, residential and land clearing burning will be prohibited.
C. There are no restrictions on burning tumbleweeds which
have been blown by the wind, regardless of location within Benton
County or the current "burn day" status. Outdoor Burning Outside
of Urban Growth Areas
1. Residential burning can be conducted only on designated
burn days and in accordance with the following rules: A person
burning under this section must follow these requirements and
restrictions:
1. a. Unless otherwise specified, on "burn days" open
burning may be conducted in areas where open burning is allowed
only between the hours of 9 a.m. and one hour before sSunset.
2. b. The fire must not include the following materials:
garbage, dead animals, asphalt, petroleum products, paints,
rubber products, plastics, paper (other than what is necessary to
start a fire), cardboard, treated wood, construction/demolition
debris, metal or any substance (other than natural vegetation)
which when burned that normally releases toxic emissions, dense
smoke, or obnoxious odors when burned.
3. c. A person capable of extinguishing the fire must attend
it at all times and the fire must be extinguished before leaving
it.
4. d. No fires are to be within fifty feet of structures.
5. e. The pile must not be larger than four feet by four
feet by three feet.
6. f. Only one pile at a time may be burned, and each pile
must be extinguished before lighting another.
7. g. No outdoor fire is permitted in or within 500 feet of
forest slash.
8. h. If the fire creates a nuisance, it must be
extinguished.
9. i. Permission from the landowner or the landowner's
designated representative must be obtained before starting an
open fire.
j. Material to be burned in a residential fire must be generated at the residence where the burn occurs.
k. The use of a burn barrel is prohibited anywhere in Benton County. Legal outdoor containers used for burning must be constructed of concrete or masonry with a completely enclosed combustion chamber and equipped with a permanently attached spark arrester constructed of iron, heavy wire mesh, or other noncombustible material with openings not larger than one-half inch. Only natural vegetation can be burned in an outdoor container.
2. To designate residential burn days outside of the UGA, the BCAA will make daily burn decisions based on current monitoring and meteorological information. The daily burn decision will be provided daily on a published burn message phone line, and/or through the local media.
3. All land clearing burning outside of the UGA requires a written special burn permit as provided in Section D of this article.
E. No open burning shall be allowed on sites where active
construction or demolition activities are occurring.
D. Special burning permits
1. No building, structure, or vessel may be demolished by
intentional burning, either for demolition or for fire training,
without a written approval, in the form of a special burning
permit, from the Authority. The special burn permit will contain
restrictions regarding prohibited materials, fire safety,
asbestos removal or demolition, and other restrictions as deemed
necessary. Special burn permits shall be subject to a fee as
described in Section 10.09 Article 10.
2. A special burn permit is required for No burning of large
quantities of unprocessed or processed natural vegetation, except
as provided under Section 5.02(D), accumulated from land clearing
or other activities or events is allowed except by written
special permit from the Authority. Such s Special burning permits
will specify restrictions and conditions on a case by case basis.
Special burning permits shall be subject to a fee as described in
Section 10.09 Article 10.
3. Agricultural burning as defined in WAC 173-430-020 on commercially viable agricultural enterprises is exempted from special burn permits.
3. 4. Application for a When anyone under the jurisdiction
of this Authority would like to apply for a special burning
permit, which allows to allow them to perform an operation or
procedure otherwise not granted under this Article, must be they
may submitted a request for special burn permit at least five (5)
working days prior to the proposed activity. to the Authority
with a An application fee as described in Section 10.09 Article
10 must be paid at the time of application. Payment of the
application fee shall not guarantee the applicant that the
request will be approved. The request for special burn permit
must include the name, address and phone number of the applicant,
a detailed explanation of the requested special permit, purpose
of the special permit, and how the applicant would incur hardship
without the special permit.
5. Special Burn Permits for the fire training
a. Fire training to fight structural fires inside UGA's requires a written special burn permit.
b. Fire training to fight structural fires outside of the UGA no permit is required. However, a written notification must be filed with the BCAA prior to conducting the training fire as provided in RCW 52.12.15.
c. No permit is required for fire training for aircraft fires as provided in RCW 70.94.650.
d. No permit is required for fire training to control forest fires as provided in RCW 70.94.
6. Hauling or transfer of materials
a. Because no outdoor fire may contain material (other than firewood) that has been hauled from an area where outdoor burning is prohibited, a special burn permit will not be issued for such a fire.
b. The BCAA may issue a special burn permit for vegetative material hauled from areas where outdoor burning of the material is allowed.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Benton Clean Air Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.
ARTICLE 6
Agricultural Burning
ADOPTED: April 18, 1996
EFFECTIVE: May 25, 1996
Section 6.01 Reserved
Section 6.02 Authority Implementation
A. For the purpose of this section agricultural burning does not include incidental agricultural burning as listed in RCW 70.94.745. All other agricultural burning - requires a written agricultural burning permit.
B. Agricultural burning permit applications and agricultural
burning permits for Benton County farmers are available from the
BCAA and are subject to the fees described in Article 10 Section
10.10.
C. Agricultural burning will be allowed only on designated "burn days". The Authority will make daily "burn" or "no-burn" designations based on current monitoring and meteorological data. This information will be provided daily on a published burn-message phone line, and/or through the local media.
D. A person burning under this section must follow these requirements and restrictions:
1. Unless otherwise specified, on "burn days" agricultural burning may be conducted in areas where burning is allowed only between the hours of 9 a.m. and one hour before Sunset.
2. It is the responsibility of those conducting agricultural burning to be informed of any additional fire safety rules as determined by their local fire district or county.
Reviser's note: The typographical error in the above material occurred in the copy filed by the Benton Clean Air Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.
ARTICLE 8
Asbestos
ADOPTED: April 18, 1996
EFFECTIVE: May 25, 1996
Section 8.01 CFR Adoption by Reference.
This article adopts all provisions of the following Code of
Federal Regulations (CFR) by reference and makes it a part of
Regulation 1 of this Authority: CFR 40 Part 61 Subpart M
"National Emission Standard for Asbestos" and CFR 40 Part 763
Subpart E "Asbestos Containing Materials in Schools."
Section 8.02 Authority Implementation
A. Definitions
1. Residential asbestos projects are defined as the renovation of any residential unit component or contents containing category I and II non-friable asbestos containing material (ACM) or regulated asbestos containing material (RACM), as defined in CFR 40 Part 61 Subpart M occurring in or on a residential unit.
2. Residential units are defined as any building with four or fewer dwelling units each containing space for uses such as living, sleeping, preparation of food, and eating that is used, occupied, or intended or designed to be occupied by one family as their domicile. This term includes houses, mobile homes, trailers, houseboats, and houses with a "mother-in-law apartment" or "guest room". This term does not include any facility that contains a residential unit.
B. All Section 8.01 requirements shall apply to asbestos renovation and demolition projects that are greater than 48 square feet or 10 linear feet, (unless the surface area of the pipe is greater than forty-eight feet) and are subject to the notification requirements and fee schedule described in Section 10.07.
C. Operators (Certified Asbestos Abatement Contractors) who perform residential asbestos projects are subject to the requirements of Section 8.03(A) only when RACM is involved. D. Only resident owners who occupy the residence and certified asbestos abatement contractors may conduct residential asbestos projects.
E. Resident owners performing their own residential asbestos projects for ACM and/or RACM are subject to the following requirements:
1. A written notification on forms provided by the Authority shall be submitted to the Authority ten (10) working days prior to the asbestos removal.
2. A filing fee as described in Article 10 Section 10.07 of
this Regulation shall accompany the written notice.
3. The owner of a residential project must participate in a prescribed educational program prepared by the Authority concerning the hazards of asbestos removal in the home. This program may include, but may not be limited to:
a. Watching an informational video,
b. Agreement to read and understand informational pamphlets, provided by the Authority, concerning proper residential asbestos removal. Any questions pertaining to this material shall be addressed by the Authority.
4. If after reviewing the notification form, interviewing the applicant about methods of removal and disposal, and inspecting the site as deemed necessary, the Authority may grant permission for owner or operator, or require a certified asbestos contractor to perform removal.
F. A demolition project under Section 8.01 and 8.02 that contains no asbestos requires ten (10) working day advance notification.
G. All residential demolition projects are subject to the provisions of 8.01.
Reviser's note: The typographical error in the above material occurred in the copy filed by the Benton Clean Air Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.
Section 8.03 Unexpected Discovery of Asbestos
A. In the event of an unexpected discovery of asbestos
during a renovation or demolition project, which was originally
thought to contain no asbestos, the requirements of either
Section 8.01 or 8.02 are applicable, and all work must stop until
these requirements have been met.
B. During an approved renovation or demolition project, if an unexpected discovery of additional asbestos is made which increases the project by 20% or greater than originally reported, an amendment or emergency waiver form must be filed with the Authority before work may continue.
Section 8.04 Emergency Safeguards for the Public in the Case of
Asbestos Spills or Scattering of Suspected Asbestos Material
A. In all such instances the suspected material shall be
considered asbestos, and treated with proper precautions until
such time as it is determined not to contain asbestos.
B. Immediate action shall be taken to contain the spill and to prevent entry of unprotected and/or unauthorized persons; methods shall include but are not limited to:
1. Roping off contaminated areas, danger signs may be considered appropriate in open areas.
2. Locking or barring doors in buildings.
C. A call shall be placed to the appropriate emergency response center to provide them with the necessary information so that they may notify the BCAA and/or respective law enforcement agency on an emergency basis.
of the air contaminant emission and such other information as is relevant to air pollution and available or reasonably capable of being assembled.
2. Registration form. Registration information shall be provided on forms supplied by the BCAA and shall be completed and returned within the time specified on the form. Emission units within the facility shall be listed separately unless the BCAA determines that certain emission units may be combined into process streams for purposes of registration and reporting.
3. Signatory responsibility. The owner, operator, or their designated management representative shall sign the registration form for each source. The owner or operator of the source shall be responsible for notifying the BCAA of the existence of the source, and for the accuracy, completeness, and timely submittal of registration reporting information and any accompanying fee.
4. Operational and maintenance plan. Owners or operators of registered sources within Benton County shall maintain an operation and maintenance plan for process and control equipment. The plan shall reflect good industrial practice and shall include a record of performance and periodic inspections of process and control equipment. In most instances, a manufacturer's operations manual or an equipment operation schedule may be considered a sufficient operation and maintenance plan. The plan shall be reviewed and updated by the source owner or operator at least annually. A copy of the plan shall be made available to the BCAA upon request.
5. Report of closure. A report of closure shall be filed with the BCAA within ninety days after operations producing emissions permanently cease at any applicable source under this section.
6. Report of change of ownership. A new owner or operator shall report to the BCAA within ninety days of any change of ownership or change in operator.
7. Operating permit program source exemption. Permit program sources, as defined in RCW 70.94.030(17), are not required to comply with the registration requirements of this section.
Reviser's note: The typographical error in the above material occurred in the copy filed by the Benton Clean Air Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.
Section 9.02 Source Classification Registered Sources.
The Authority regulates the classes of air contaminant
sources under the authority of RCW 70.94.151. Air contaminant
sources whether publicly or privately owned shall register with
the Authority unless exempted under Section 9.04 of this Article.
The following sources are required to register with the BCAA:
A. All sources that are required to register with Ecology
according to WAC 173-400-100 in (General Regulations for Air
Pollution Sources).
B. All facilities required to register according to WAC 173-491(, Emission Standards and Controls for Sources Emitting
Gasoline Vapors).
C. Any existing stationary source, which if new, the federal standard of performance (NSPS) would be applicable according to WAC 173-400-115 (Standards of Performance for New Sources).
D. Any existing source, which if new, would be subject to a National Emission Standard for Hazardous Air Pollutants (NESHAP).
E. Any new or existing source of toxic air pollutants as defined in WAC 173-460-020, which exceeds small quantity emission rates defined in WAC 173-460-080.
F. Any new source category and any existing source, which if new, would be required by WAC 173-400-110 to undergo New Source Review.
G. Permanently located abrasive blasting operations.
H. Any other source deemed registerable by the Control Officer or BCAA Board to be registered.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Benton Clean Air Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.
Section 9.03 Source Classification
A. Class 1. Sources emitting a less than or equal to 20% of
the amount of the regulated pollutants listed in WAC 173-400-030(68) are considered to be Class 1 sources.
B. Class 1 Toxic Source. Sources that emit less than or equal to 1.0 ton of any single or a combined total of less than or equal to 2.5 tons of any multiple toxic air pollutants as listed in Section 112 (b)(1) of the FCAA, WAC 173-460-150, or 173-460-160 are considered to be Class 1 Toxic Sources.
C. Class 2. Sources emitting a base amount of more than 20% of the amount of the regulated pollutants listed in the definition of significant emissions in WAC 173-400-030, except major sources as defined in WAC 173-401-200, which are eligible for the Federal Clean Air Act Title 5 air operating permits.
D. Class 2 Toxic Source. Sources that emit more than 1.0 ton of any single or a combined total of more than 2.5 tons of any multiple toxic air pollutants as listed in Section 112 (b)(1) of the FCAA, WAC 173-460-150, or 173-460-160 are considered to be Class 1 Toxic Sources.
E. Class 3 sources are those sources that meet the requirements for permitting under the air operating program as described in WAC 173-401.
Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
Section 9.04 Sources exempt from Registration
A. Sources that meet the requirements of an exempt source as
defined by WAC 173-400-102(5) will be exempt from BCAA source
registration.
B. Other sources deemed non-registerable by the Control Officer or BCAA Board will be exempt from BCAA source registration.
Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
ARTICLE 10
Fees and Charges
ADOPTED: April 18, 1996
EFFECTIVE: May 25, 1996
Section 10.01 Fees and Charges Required
A. A fee or service charge shall be paid to the Authority
for issuance of permits and for providing services as hereinafter
provided.
B. Upon approval by the BCAA Board of Directors as part of the annual budget process, fees may be increased annually by at least the fiscal growth factor as determined by the Washington State Office of Financial Management.
Section 10.02 Fees Otherwise Provided
All fees and charges provided for in this Article are in
addition to fees otherwise provided for or required to be paid by
Regulation 1, PROVIDED the Control Officer shall waive payment of
any fee or service charge hereby required if such fee duplicates
a fee charged or required to be paid by another Article of this
Regulation.
Section 10.03: Fee Waiver, Indigency
The Control Officer shall waive payment of all or a portion
of any fee or service charge required by this Article to be paid
upon a showing deemed sufficient by the Control Officer that the
permit or service requested is necessary and payment of the fee
would cause hardship upon the applicant. An applicant may apply
for a fee waiver by filing a Fee Waiver, Indigency Form supplied
by the Authority.
Section 10.04: General Administrative Fees
A. A fee of fifteen cents ($.15) per page shall be charged
for photocopies.
B. A fee of twenty dollars ($20.00) per hour will be charged for research time for requests covering more than one-hour of staff time.
C. A fee of ten dollars ($10.00) will be charged per copy of audio or video materials.
D. The actual cost of postage or shipping shall be charged for all material requested to be mailed.
E. For other administrative services requested and performed by Authority staff which are not provided to the public generally, the Control Officer shall determine such charge as reasonably reimburses the Authority for time and materials expended in providing the service.
Section 10.05: Registration Fees for Air Contaminant Sources
Class 1 and Class 2 Registered Source Fees
A. The Authority shall charge an annual registration fee
pursuant to RCW 70.94.151. The Authority shall levy annual
registration fees for services provided in administering the
registration program. Fees received under the registration
program shall not exceed the cost of administering the
registration program. The Board will review the registration
program on an annual basis.
B. All air contaminant sources required by Section 9.02 to be registered shall be divided into the following three categories and are subject to the applicable fee:
1. Class 1 sources are defined as all sources emitting
pollutants, unless otherwise exempted by law or contained in
Class 2 or Class 3. Class 1 sources shall pay an annual
registration fee equal to a base fee of two hundred dollars
($200.00) plus ten dollars ($10.00) per ton of pollutant emitted
plus fifteen dollars ($15) per emission point. of one hundred
dollars ($100.00) at the time of registration.
2. Class 1 toxic sources are defined as sources listed in
WAC 173-460-020, unless otherwise exempted by law or contained in
Class 2 or Class 3. Class 1 toxics sources shall pay an annual
registration fee equal to a base fee of two hundred dollars
($200.00) plus one hundred dollars ($100.00) per ton of pollutant
emitted plus fifteen dollars ($15) per emission point.
2. 3. Class 2
a. Class 2 sources shall pay an annual registration fee at
the time of registration. In no case shall the fee so calculated
be less than three hundred fifty dollars ($350.00) per year.
Sources emitting a base amount of more than 20% of the
amount of the regulated pollutants listed in the definition of
significant emissions in WAC 173-400-030, except major sources as
defined in WAC 173-401-200, which are eligible for the Federal
Clean Air Act Title V air operating permits. For these emission
sources, the Class 2 fee shall be an amount equal to the average
BCCAA BCAA "per ton" fee for air operating permittees times the
actual tons of pollutants emitted each year in excess of the
above defined base amount.
a. Class 2 sources shall pay an annual registration fee equal to a base fee of six hundred dollars ($600.00) plus ten dollars ($10.00) per ton of pollutant emitted plus fifteen dollars ($15.00) per emission point at the time of registration.
c. b. Class 2 toxic sources are those sources emitting more
than 1 one (1) ton of a single or more than 2.5 tons of a
combination of toxic substances as defined in WAC 173-460-020,
except major sources as defined in RCW 70.94.030(17). (Section
10.05(B)(2)(b)). The Class 2 to fee for sources emitting toxic
pollutants shall be an amount equal to the average BCCAA "per
ton" fee for air operating permittees times the actual tons of
toxic pollutants over the above defined base amount times a
factor of seven (7). Class 2 toxic sources shall pay an annual
registration fee equal to a base fee of six hundred dollars
($600.00) plus one hundred dollars ($100.00) per ton of pollutant
emitted plus fifteen dollars ($15.00) per emission point at the
time of registration.
3. 4. Class 3 sources are those sources that meet the
requirements for permitting under the air operating program as
described in WAC 173-401. Class 3 sources are subject to the fee
schedule outlined in Section 10.08 of this Regulation.
C. All gasoline facilities required by Section 9.02 to be registered shall register annually in accordance with WAC 173-491-030 and pay the following annual fees:
1. Gasoline Loading Terminals: one thousand dollars
($1,000.00) plus ten dollars ($10.00) per ton of pollutant
emitted. five hundred dollars ($500.00),
2. Bulk Gasoline Plants: four hundred dollars ($400.00)
plus ten dollars ($10.00) per ton of pollutant emitted. two
hundred dollars ($200.00), and
3. Gasoline Dispensing Facilities: one hundred dollars
($100.00) a base fee of two hundred dollars ($200.00) plus ten
dollars ($10.00) per ton of pollutant emitted.
a. With less than 500,000 gallons of annual throughput the fee shall be $150.00.
b. With greater than 500,000 but less than 1.5 million
gallons of annual throughput the fee shall be $450300.00.
c. With greater than 1.5 million gallons of annual throughput the fee shall be $900.00.
d. Once classified will remain in a higher throughput classification for a period of two (2) years consecutive years before reassignment to a lower classification.
D. Upon approval by the BCAA Board of Directors as part of
the annual budget process, fees in Section 10.05 may be increased
annually by at least the fiscal growth factor as determined by
the Washington State Office of Financial Management.
D. Fee Payment and Penalties
1. Fee Payment. Each registered source shall pay a fee in the amount reflected. Such fee shall be due on or before February 28 of each year.
2. Late Payment of Fees. BCAA shall charge a penalty to a registered source under its jurisdiction for late payment of all or part of its registration fee at the following rates:
a. Ten percent of the source's total assessed registration fee for payment received after the due date for fee payment but up to the first thirty days past the due date for fee payment;
b. Fifteen percent of the source's total assessed fee for payment received between the thirty-first day and the sixtieth day past the due date for fee payment; and
c. Twenty-five percent of the source's total assessed fee for payment received between the sixty-first day and the ninetieth day past the due date for fee payment.
3. Failure to Pay Fees. The BCAA shall charge a penalty to a registered source under its jurisdiction for failure to pay all or part of its registration fee and/or penalties thereon after ninety
3. 4. Class 3 sources are those sources that meet the
requirements for permitting under the air operating program as
described in WAC 173-401. Class 3 sources are subject to the fee
schedule outlined in Section 10.08 of this Regulation.
C. All gasoline facilities required by Section 9.02 to be registered shall register annually in accordance with WAC 173-491-030 and pay the following annual fees:
1. Gasoline Loading Terminals: one thousand dollars
($1,000.00) plus ten dollars ($10.00) per ton of pollutant
emitted. five hundred dollars ($500.00),
2. Bulk Gasoline Plants: four hundred dollars ($400.00)
plus ten dollars ($10.00) per ton of pollutant emitted. two
hundred dollars ($200.00), and
3. Gasoline Dispensing Facilities: one hundred dollars
($100.00) a base fee of two hundred dollars ($200.00) plus ten
dollars ($10.00) per ton of pollutant emitted.
a. With less than 500,000 gallons of annual throughput the fee shall be $150.00.
b. With greater than 500,000 but less than 1.5 million gallons of annual throughput the fee shall be $300.00.
c. With greater than 1.5 million gallons of annual throughput the fee shall be $900.00.
d. Once classified will remain in a higher throughput classification for a period of two (2) years consecutive years before reassignment to a lower classification.
D. Upon approval by the BCAA Board of Directors as part of
the annual budget process, fees in Section 10.05 may be increased
annually by at least the fiscal growth factor as determined by
the Washington State Office of Financial Management.
D. Fee Payment and Penalties
1. Fee Payment. Each registered source shall pay a fee in the amount reflected. Such fee shall be due on or before February 28 of each year.
2. Late Payment of Fees. BCAA shall charge a penalty to a registered source under its jurisdiction for late payment of all or part of its registration fee at the following rates:
a. Ten percent of the source's total assessed registration fee for payment received after the due date for fee payment but up to the first thirty days past the due date for fee payment;
b. Fifteen percent of the source's total assessed fee for payment received between the thirty-first day and the sixtieth day past the due date for fee payment; and
c. Twenty-five percent of the source's total assessed fee for payment received between the sixty-first day and the ninetieth day past the due date for fee payment.
3. Failure to Pay Fees. The BCAA shall charge a penalty to a registered source under its jurisdiction for failure to pay all or part of its registration fee and/or penalties thereon after ninety days past the due date for fee payment in an amount three times the source's total assessed fee.
4. Other Penalties. Penalties assessed are in addition to and in no way prejudice the BCAA's ability to exercise other civil and criminal remedies, including the authority to revoke a source's operating permit for failure to pay all or part of its registration fee.
5. Facility Closure. Sources that permanently cease operations will be required to pay only a pro rata portion of the registration fee for the fiscal year in which they cease operations. The portion of the fee to be paid will be calculated by dividing the number of calendar days that have passed in the relevant calendar year at the time the source ceases operations by the total of 365 calendar days, and multiplying the fraction thus derived by the fee that the source would have paid for the relevant calendar year, had it not ceased operations.
6. Transfer in Ownership. Transfer in ownership of a source shall not affect that source's obligation to pay registration fees. Any liability for fee payment, including payment of late payment and other penalties shall survive any transfer in ownership of a source.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Benton Clean Air Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.
Section 10.06 Application and Permit Fees for Notice of
Construction (NOC) and Application for Approval and for Notice of
Intent to Install and Operate a Temporary Source (NOI)
A. All construction under RCW 70.94.152 and 153 shall be
required to file a Notice of Construction and Application for
Approval (NOC). A filing fee of one hundred fifty dollars
($150.00) shall be paid at the time of filing the NOC
application. If the registration fee required in Section 10.05
also applies to the construction, the filing fee shall be waived.
B. A filing fee of four hundred dollars ($400.00) shall be paid at the time of filing a NIO application. Each time the temporary source relocates within the boundaries of Benton County, a relocation fee of two hundred dollars ($200.00) will be charged.
B. For portable air contaminant sources that locate
temporarily at particular sites within the Authority's
jurisdiction, a Notice of Intent to Operate a Temporary Source
and Application for Approval (NIO) must be filed with the
Authority. A fee of one hundred dollars ($100.00) shall be paid
at the time of filing the NIO.
C. In addition to the filing fees provided in Section
10.06(A) and (B), when an inspection is deemed necessary by the
Authority, a plan review and inspection fee shall be paid at a
rate equal to the hourly rate of the Authority's Air Operating
Permit Engineer for a period not to exceed 10 hours. In addition
to the filing fee, an examination and inspection fee shall be
charged according to Table 10-1. Additional fees for
administrative or engineering and technical work shall be charged
according to Table 10-2
1. Fee amounts in Table 10-1 which are listed as "Actual" are based upon the Authority's actual cost to complete a review or task and shall be determined using the actual or direct hours expended completing the specific review or task and the corresponding hourly rate of each Authority staff person directly involved. The following provisions shall apply:
a. Actual hours used in determining the amount of a fee shall be recorded on a daily basis by each Authority staff person directly involved in completing the specific task;
b. Time accrued for purposes of determining the amount of a fee for this section shall be accounted for to the nearest 15 minutes;
c. Current employee cost rates shall be used when calculating actual cost-based fees; and,
d. The bill issued for any fee based on the Authority's actual cost shall indicate the total hours expended and the hourly cost rates which were used to determine the fee.
D. State Environmental Policy Act (SEPA) fees under WAC 197-11. For every environmental checklist the Authority reviews
when it is Lead Agency, the applicant shall first pay a filing
fee of one hundred dollars ($100.00) the threshold determination
fee of fifty dollars ($50.00) prior to the undertaking of the
threshold determination by the responsible official of the
Authority. If the Authority decides it must prepare a statement
in order to comply with the SEPA before taking any action on a
NOC the cost of preparing, publishing, and distributing such a
statement at a cost per hour rate for Authority staff time based
upon actual cost as determined by the Control Officer and such
other expenses as mutually agreed upon by the applicant and the
Control Officer including consulting services, testing,
reproduction, distributing, etc., shall be paid by the applicant.
E. The cost of publishing a public notice shall be borne by the applicant or other initiator of the action.
F. D. When an operation for which an NOC or NIO Temporary
NOC (less than one year at a location) is required commences
prior to making application and receiving approval, the Control
Officer or his authorized agent may conduct an investigation as
part of the application NIO review. In such a case, an
investigation fee of three times the fees required in Section
10.06 hundred dollars ($300.00) shall be paid in addition to all
other required fees in Section 10.06. Payment of the fees does
not relieve any person from the requirement to comply with the
regulations nor from any penalties for failure to comply.
E. Upon approval by BCAA Board of Directors as part of the
annual budget process, fees in Section 10.06 may be increased
annually by at least the fiscal growth factor as determined by
the Washington State Office of Financial Management.
| CATEGORY | FEE | CATEGORY | FEE |
| Fuel Burning Equipment with or without Air Pollution Equipment (million BTU/hr) | Gasoline Dispensing Facilities | ||
| 2 or more but less than 5 . . . . . . . . . . . . $200 | Stage I . . . . . . . . . . . . $300 | ||
| 5 or more but less than 10 . . . . . . . . . . . . $250 | Stage II . . . . . . . . . . . . $300 | ||
| 10 or more but less than 30 . . . . . . . . . . . . $350 | Stage I and II Combined . . . . . . . . . . . . $500 | ||
| 30 or more but less than 50 . . . . . . . . . . . . $450 | Toxics review for gasoline facility . . . . . . . . . . . . $1,500 | ||
| 50 or more but less than 100 . . . . . . . . . . . . $650 | |||
| 100 or more but less than 250 . . . . . . . . . . . . $1,400 | |||
| 250 or more but less than 500 . . . . . . . . . . . . $2,500 | Spray Painting (per booth) . . . . . . . . . . . . $300 | ||
| 500 or more . . . . . . . . . . . . $3,500 | Dry Cleaner (per machine) . . . . . . . . . . . . $300 | ||
| Fuel change or new fuel . . . . . . . . . . . . 1/2 new installation fee | Coffee Roaster . . . . . . . . . . . . $500 | ||
| Asphalt Concrete Plant | |||
| Less than 50 . . . . . . . . . . . . $300 | Initial . . . . . . . . . . . . $1,000 | ||
| 50 or more but less than 5,000 . . . . . . . . . . . . $400 | Relocation of Portable Unit . . . . . . . . . . . . 500 | ||
| 5,000 or more but less than 20,000 . . . . . . . . . . . . $500 | Soil Thermal Desorption Unit | ||
| 20,000 or more but less than 50,000 . . . . . . . . . . . . $600 | Initial . . . . . . . . . . . . $2,000 | ||
| 50,000 or more but less than 100,000 . . . . . . . . . . . . $700 | Relocation of Unit . . . . . . . . . . . . $700 | ||
| 100,000 or more but less than 250,000 . . . . . . . . . . . . $1,000 | Odor Source . . . . . . . . . . . . $350 | ||
| 250,000 or more but less than 500,000 . . . . . . . . . . . . $2,000 | Composting Facility . . . . . . . . . . . . Actual | ||
| More than 500,000 . . . . . . . . . . . . $4,000 | Landfill Gas System . . . . . . . . . . . . Actual | ||
| Refuse Burning Equip (t |
Soil and Groundwater Remediation . . . . . . . . . . . . Actual | ||
| 0.5 or more but less than 5 . . . . . . . . . . . . $1,000 | All other sources not listed . . . . . . . . . . . . greater of $500 or Actual |
||
| 5 or more but less than 12 . . . . . . . . . . . . $2,000 | |||
| 12 or more but less than 250 . . . . . . . . . . . . $6,000 | |||
| 250 or more . . . . . . . . . . . . $12,000 | |||
| Other Incinerators (p |
|||
| Less than 100 . . . . . . . . . . . . $150 | |||
| 100 or more but less than 200 . . . . . . . . . . . . $300 | |||
| 200 or more but less than 500 . . . . . . . . . . . . $600 | |||
| 500 or more but less than 1000 . . . . . . . . . . . . $1,200 | |||
| 1000 or more . . . . . . . . . . . . $1,500 | |||
| Storage Tanks (gal) | |||
| 250 or more but less than 10,000 . . . . . . . . . . . . $300 | |||
| 10,000 or more but less than 40,000 . . . . . . . . . . . . $500 | |||
| 40,000 or more . . . . . . . . . . . . $1,000 | |||
| Public Noticing . . . . . . . . . . . . Actual | Variance Request . . . . . . . . . . . . Actual | ||
| Publishing of Public Notices . . . . . . . . . . . . Actual | Alternative Opacity Limits Review . . . . . . . . . . . . Actual | ||
| Public Hearings . . . . . . . . . . . . Actual | Construction Begun without Approval . . . . . . . . . . . . 3 times regular fee | ||
| Air Toxics Screening (WAC 173-460) | Synthetic Minor Determination . . . . . . . . . . . . Actual | ||
| Review for source supplied ASIL . . . . . . . . . . . . $300 | Major Source, Major Modification, or PSD Thresholds . . . . . . . . . . . . Actual | ||
| Source supplied risk analysis demo . . . . . . . . . . . . $1000 | Emission Units subject to NSPS or NESHAPS (except residential woodstoves, heaters, asbestos renovation or demolition and PCE dry cleaning) . . . . . . . . . . . . Actual | ||
| Complete screening procedure . . . . . . . . . . . . Actual | Construction or Reconstruction of a Major Source of Hazardous Air Pollutants . . . . . . . . . . . . Actual | ||
| NOC Application Assistance . . . . . . . . . . . . Actual | Each CEM or Alternate Monitoring Device . . . . . . . . . . . . Actual | ||
| NOC Applicability Determination . . . . . . . . . . . . Actual | Each Source Test Required in NOC . . . . . . . . . . . . Actual | ||
| NOC-CEM or Alternate Monitoring Device Installed . . . . . . . . . . . . Actual | Opacity/Gain Loading Correlation . . . . . . . . . . . . Actual | ||
| SEPA Threshold Determination (lead agency) . . . . . . . . . . . . Actual | Bubble Application . . . . . . . . . . . . Actual | ||
| Environmental Impact Statement Review . . . . . . . . . . . . Actual | Netting Analysis . . . . . . . . . . . . Actual | ||
| NOC Approval Modification . . . . . . . . . . . . Lessor of 1/2 fee or $350 | |||
| RACT/BACT/MACT/BART/LAER | |||
| Determination . . . . . . . . . . . . Actual | |||
| Emission Offset Analysis . . . . . . . . . . . . Actual | |||
| Emission Reduction Credit (ERC) Application . . . . . . . . . . . . Actual | |||
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Benton Clean Air Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.
Section 10.07 State Environmental Policy Act (SEPA) fees
A. For every environmental checklist the Authority reviews
when it is Lead Agency, the applicant shall pay a filing fee of
one hundred dollars ($100.00) prior to the undertaking of the
threshold determination by the responsible official of the
Authority.
B. If the Authority decides it must prepare a statement in order to comply with the SEPA before taking any action on an NOC the cost of preparing, publishing, and distributing such a statement at a cost per hour rate for Authority staff time based upon actual cost as determined by the Control Officer ad such other expenses as mutually agreed upon by the applicant and the Control Officer including consulting services, testing, reproduction, distributing, etc., shall be paid by the applicant.
C. Other fees as listed in Table 10-2 may also apply.
Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
Section 10.07: Section 10.08 Asbestos Fees
A. Any owner or operator of a renovation or demolition
activity required by CFR 40 Part 61 Subpart M or Article 8 to
notify the Authority prior to starting the renovation or
demolition, or required by federal regulation to be approved or
inspected by the Authority, shall give the required advance
notice and pay a processing fee to the Authority determined by
the following: as determined in Table 10-3.
1. All single renovation or demolition projects under
Section 8.01 or Section 8.02(B), require a ten (10) working day
advance notification on a written "Notice of Intent to Remove
Asbestos Materials," and a fifty dollar ($50.00) fee.
2. Annual notices under Section 8.01, and within the notification requirements of Section 8.02(B), require ten (10) working day advance notification, an annual written application for approval, and a three hundred dollar ($300.00) fee.
3. An amendment under Section 8.01 or Section 8.02 to an approved renovation or demolition requires prior notification, an amended application, and a twenty-five dollar ($25.00) fee for the 2nd amendment and any thereafter.
4. An emergency under Section 8.01 or Section 8.02 requires prior notification, an Emergency Waiver Request Letter submitted by the property owner or operator, a Notice of Intent to Remove Asbestos, and a fifty dollar ($50.00) emergency fee as well as the normal application fee described in this Section.
5. A residential asbestos project under Section 8.02 requires ten (10) working day advance notification, on a "Notice of Intent to Remove Asbestos Materials," form accompanied by a filing fee of ten dollars ($10.00).
1. 6. A demolition project under Section 8.01 and 8.02 that contains no asbestos requires ten (10) working day advance notification.
| Type of project | Project Size LF: linear ft SF: square ft |
Advanced Notification Period | Fee | Forms required |
| Demolition | All | 10 working days | $10 | Notice of Intent to Remove Asbestos or to Demolish (NOI) |
| Asbestos Project | Residential | 10 working days | $10 | NOI |
| Asbestos Project | 10 to 259 LF 48 to 159 SF |
10 working days | $125 | NOI |
| Asbestos Project | 260 to 999 LF 160 to 4,999 SF |
10 working days | $250 | NOI |
| Asbestos Project | 1,000 to 9,999 LF 5,000 to 49,999 SF |
10 working days | $500 | NOI |
| Asbestos Project | more than 10,000 LF more than 50000 SF |
10 working days | $1500 | NOI |
| Amendments | All | Prior Notification | $50 Res $25 | Amended NOI |
| Annual | All | 10 working days | $1500 | NOI |
| Emergencies | All | Prior Notification | Double Fee Res $50 | NOI & Emergency Waiver Request |
| Alternate Methods | All | 10 working days | Double Fee | NOI & Supporting Documentation |
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Benton Clean Air Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.
Section 10.08 Section 10.09 Operating Permit Fees Class 3
Registered Source (Air Operating Permit) Fee
All eligible sources under WAC 173-401 shall be subject to
the annual fees described in this section.
A. Permanent annual fee determination and certification
1. Fee Determination
a. Fee Determination. The BCAA shall develop a fee schedule using the process outlined below, according to which it will collect fees from permit program sources under its jurisdiction. The fees shall be sufficient to cover all permit administration costs. The BCAA shall also collect its jurisdiction's share of Ecology's development and oversight costs. The fee schedule shall differentiate as separate line items the BCAA's and Ecology's fees. Opportunities for public participation shall be afforded throughout the fee determination process, as provided in Section 10.08 (A)(3)(a).
b. Fee Eligible Activities. The costs of permit administration and development and oversight activities are fee eligible.
i. Permit Administration. Permit administration costs are those incurred by BCAA in administering and enforcing the operating permit program with respect to sources under its jurisdiction. Eligible permit administration costs are as follows:
(A) Preapplication assistance and review of an application and proposed compliance plan for a permit, permit revision, or renewal;
(B) Source inspection, testing, and other data-gathering activities necessary for the development of a permit, permit revision, or renewal;
(C) Acting on an application for a permit, permit revision, or renewal, including the costs of developing an applicable requirement as part of the processing of a permit, permit revision, or renewal, preparing a draft permit and fact sheet, and preparing a final permit, but excluding the costs of developing BACT, LAER, BART, or RACT requirements for criteria and toxic air pollutants;
(D) Notifying and soliciting, reviewing and responding to comment from the public and contiguous states and tribes, conducting public hearings regarding the issuance of a draft permit and other costs of providing information to the public regarding operating permits and the permit issuance process;
(E) Modeling necessary to establish permit limits or to determine compliance with permit limits;
(F) Reviewing compliance certifications and emissions reports and conducting related compilation and reporting activities;
(G) Conducting compliance inspections, complaint investigations, and other activities necessary to ensure that a source is complying with permit conditions;
(H) Administrative enforcement activities and penalty assessment, excluding the costs of proceedings before the pollution control hearings board and all costs of judicial enforcement;
(I) The share attributable to permitted sources of the development and maintenance of emissions inventories;
(J) The share attributable to permitted sources of ambient air quality monitoring and associated recording an reporting activities;
(K) Training for permit administration and enforcement;
(L) Fee determination, assessment, and collection, including the costs of necessary administrative dispute resolution and penalty collection;
(M) Required fiscal audits, periodic performance audits, and reporting activities;
(N) Tracking of time, revenues and expenditures, and accounting activities;
(O) Administering the permit program including the costs of clerical support, supervision, and management;
(P) Provision of assistance to small businesses under the jurisdiction of the permitting authority as required under section 507 of the federal clean air act; and
(Q) Other activities required by operating permit regulations issued by the United States Environmental Protection Agency under the Federal Clean Air Act.
ii. Ecology Development and Oversight. Development and oversight costs are those incurred by Ecology in developing and administering the state operating permit program and in overseeing the administration of the program by the delegated local authorities. Development and oversight costs are in Chapter 252, Laws of 1993 Section 6 (2)(b).
c. Workload Analysis.
i. The BCAA shall conduct an annual workload analysis projecting resource requirements for the purpose of facilitating budget preparation for permit administration. The workload analysis shall include resource requirements for both the direct and indirect costs of the permit administration activities in Section 10.08 (A)(1)(b)(i).
ii. Ecology will, for the two-year period corresponding to each biennium, identify the development and oversight activities that it will perform during that biennium. The eligible activities are those referenced in Section 10.08 (A)(1)(b)(ii).
d. Budget Development. The BCAA shall annually prepare an operating permit program budget. The budget shall be based on the resource requirements identified in an annual workload analysis and shall take into account the projected fund balance at the start of the calendar year. The BCAA shall publish a draft budget for the following calendar year on or before May 31 and shall provide opportunity for public comment thereon in accordance with 10.08 (A)(3)(a). The BCAA shall publish a final budget for the following calendar year on or before June 30.
e. Allocation Methodology.
i. Permit Administration Costs. The BCAA shall allocate its permit administration costs and its share of Ecology's development and oversight costs among the permit program sources for whom it acts as permitting authority, according to a three-tiered model based upon:
(A) the number of sources under its jurisdiction;
(B) the complexity of the sources under its jurisdiction, and
(C) the size of the sources under its jurisdiction, as measured by the quantity of each regulated pollutant emitted. The quantity of each regulated pollutant emitted by a source shall be determined based on the annual emissions data during the most recent calendar year for which data is available. Each of the three tiers shall be equally weighted.
ii. Ecology Development and Oversight Costs. Ecology will allocate its development and oversight costs among all permitting authorities, including the BCAA, based upon the number of permit program sources under the jurisdiction of each permitting authority. If Ecology determines that it has incurred extraordinary costs in order to oversee a particular permitting authority and that those costs are readily attributable to the particular permitting authority, Ecology may assess to that permitting authority such extraordinary costs.
f. Fee Schedule. The BCAA shall issue annually a fee schedule reflecting the permit administration fee and Ecology's development and oversight fee to be paid by each permit program source under its jurisdiction. The fee schedule shall be based on the information contained in the final source data statements for each year; the final source data statements shall be issued after opportunity for petition and review has been afforded in accordance with Section 10.08 (A)(4).
2. Fee Collection - Ecology and BCAA.
a. Collection from Sources. The BCAA, as a delegated local authority, shall collect the fees from the permit program sources under its jurisdiction.
i. Permit Administration Costs. The BCAA shall collect from permit program sources under its jurisdiction fees sufficient in the aggregate to cover its permit administration costs.
ii. Ecology Development and Oversight Costs. The BCAA shall collect from permit program sources under its jurisdiction fees sufficient in the aggregate to cover its share of Ecology's development and oversight costs.
b. Dedicated Account.
i. All receipts from fees collected by the BCAA, as a delegated local authority, from permit program sources pursuant to RCW 70.94.152(1), and RCW 70.94.161, Section 6 of Chapter 252, Laws of 1993, and Section 8 of Chapter 252, Laws of 1993 shall be deposited in the dedicated accounts of its treasury. Expenditures from these dedicated accounts will be used only for the activities described in RCW 70.94.152(1), and RCW 70.94.161, Section 6 of Chapter 252, Laws of 1993, and Section 8 of Chapter 252, Laws of 1993.
ii. All receipts from fees collected by BCAA on behalf of Ecology from permit program sources pursuant to RCW 70.94.152(1), and RCW 70.94.161, Section 6 of Chapter 252, Laws of 1993, and Section 8 of Chapter 252, Laws of 1993 shall be deposited in the air operating permit account created under RCW 70.94.015. Expenditures from the air operating permit account may be used only for the activities described in RCW 70.94.152(1), and RCW 70.94.161, Section 6 of Chapter 252, Laws of 1993, and Section 8 of Chapter 252, Laws of 1993.
3. Accountability
a. Public Participation During Fee Determination Process. The BCAA shall provide for public participation in the fee determination process described under 10.08 (A)(1), which provision shall include but not be limited to the following:
i. The BCAA shall provide opportunity for public review of and comment on:
(A) each annual workload analysis;
(B) each annual budget; and
(C) each annual fee schedule
ii. The BCAA shall submit to Ecology for publication in the Permit Register notice of issuance of its draft annual workload analysis, issuance of its draft annual budget and issuance of its draft annual fee schedule.
iii. The BCAA shall make available for public inspection and to those requesting opportunity for review copies of its draft:
(A) annual workload analysis on or before March 31.
(B) annual budget on or before May 31.
(C) annual fee schedule on or before December 31.
iv. The BCAA shall provide a minimum of thirty (30) days for public comment on the draft annual workload analysis and draft annual budget. Such thirty-day period for comment shall run from the date of publication of notice in the Permit Register as provided in Section 10.08 (A)(3)(a)(ii).
b. Tracking of Revenues, Time and Expenditures.
i. Revenues. The BCAA shall track revenues on a source-specific basis.
ii. Time and Expenditures. The BCAA shall track time and expenditures on the basis of functional categories as follows:
(A) application review and permit issuance;
(B) permit modification;
(C) permit maintenance;
(D) compliance and enforcement;
(E) business assistance;
(F) regulation and guidance development;
(G) management and training;
(H) technical support.
iii. Use of Information Obtained from Tracking Revenues, Time and Expenditures. The BCAA shall use the information obtained from tracking revenues, time and expenditures to modify its workload analysis during each calendar year's review provided for under Section 10.08 (A)(1)(d).
iv. The information obtained from tracking revenues, time, and expenditures shall not provide a basis for challenge to the amount of an individual source's fee.
c. Periodic Fiscal Audits, Reports and Performance Audits. A system of regular, periodic fiscal audits, reports and performance audits shall be conducted in order to evaluate Ecology's and the Authority's operating permit program administration, as follows:
i. Fiscal Audits. The BCAA shall contract with the State Auditor to perform a standard fiscal audit of its operating permit program every other year.
ii. Annual Routine Performance Audits. The BCAA shall be subject to annual routine performance audits, except that the routine audit shall be incorporated into the extensive performance audit, conducted pursuant to Section 10.08 (A)(3)(c)(v) in each year during which an extensive performance is conducted. Ecology shall issue guidance regarding the content of the routine performance audits and shall conduct the Authority's audits.
iii. Annual Random Individual Permit Review. One permit issued by the BCAA shall be subject to review in conjunction with the annual routine performance. The permit to be reviewed shall be selected at random. Ecology shall issue guidance regarding the content of the random individual permit review and shall conduct the Authority's review.
iv. Periodic Extensive Performance Audits. The BCAA shall be subject to extensive performance audits every five years. In addition, this authority may be subject to an extensive performance audit more frequently under the conditions of Section 10.08 (A)(3)(c)(v). Ecology shall issue guidance regarding the content of the extensive performance audits and shall conduct the audits of this Authority.
v. Finding of Inadequate Administration or Need for Further Evaluation. If, in the process of conducting a fiscal audit, annual routine audit, or annual random individual permit review, the auditor or Ecology finds that the BCAA is inadequately administering the operating permit program or finds that further evaluation is immediately warranted, an extensive performance audit shall be conducted, as provided in Section 10.08 (A)(3)(c)(iv).
vi. Annual Reports. The BCAA shall prepare an annual report evaluating its operating permit program administration. Such report shall include any findings of the auditor or Ecology resulting from the relevant fiscal audits, annual routine audits, annual random individual permit reviews or periodic extensive performance audits. The BCAA shall submit its report to its Board and to Ecology.
4. Administrative Dispute Resolution.
a. Preliminary Statement of Source Data. The BCAA shall provide to the permit program sources under their respective jurisdictions a preliminary statement of emissions and other data from that source upon which the authority intends to base its allocation determination under Section 10.08 (A)(1)(e). Such preliminary statement shall be provided to the permit program sources on or before September 30 of each year. Such preliminary statement shall indicate the name, address and telephone number of the person or persons to whom the source or other individual may direct inquiries and/or petitions for review under Section 10.08 (A)(4)(b) regarding the accuracy of the data contained therein.
b. Petition for Review of Statement. A permit program source or other individual under the jurisdiction of the BCAA, as a delegated local authority, may petition to review for accuracy the data contained in the preliminary source data statement provided for under Section 10.08 (A)(4)(a). Such petition shall be lodged on or before October 31 of each year. Such petition shall be in writing, directed to the individual indicated on the statement of source data. Such petition shall indicate clearly the data to be reviewed, the specific action that the source or petitioning individual is requesting be taken and may, if the source or petitioning individual desires, be accompanied by written documentation supporting the request for review. Such petition shall, in addition, state the name, address and telephone number of the person or persons to whom the BCAA may direct inquiries regarding the request. Upon receipt of such a petition, the BCAA, as a delegated local authority, must issue its written response to the petitioner on or before November 30 of each year. Such response shall state the conclusions of the review and the reasons therefore, and shall contain a new preliminary source data statement, revised to reflect any changes necessitated by the authority's response.
c. Final Source Data Statement. The BCAA shall provide to the permit program sources under its jurisdiction a final statement of emissions and other data from that source upon which the local authority will base its allocation determination under Section 10.08 (A)(1) along with an invoice reflecting the fee billed to that source on or before December 31 of each year.
5. Fee Payment and Penalties
a. Fee Payment. Each permit program source shall pay a fee in the amount reflected in the invoice issued under Section 10.08 (A)(4)(c). Such fee shall be due on or before February 28 of each year.
b. Late Payment of Fees. BCAA shall charge a penalty to a permit program source under its jurisdiction for late payment of all or part of its operating permit fee at the following rates:
vii. Ten percent of the source's total assessed fee for payment received after the due date for fee payment but up to the first thirty days past the due date for fee payment;
viii. Fifteen percent of the source's total assessed fee for payment received between the thirty-first day and the sixtieth day past the due date for fee payment; and
ix. Twenty-five percent of the source's total assessed fee for payment received between the sixty-first day and the ninetieth day past the due date for fee payment.
c. Failure to Pay Fees. The BCAA shall charge a penalty to a permit program source under its jurisdiction for failure to pay all or part of its operating permit fee and/or penalties thereon after ninety days past the due date for fee payment in an amount three times the source's total assessed fee.
d. Other Penalties. The penalties authorized in Section 10.08 (A)(5)(b) and (c), are additional to and in no way prejudice the BCAA's ability to exercise other civil and criminal remedies, including the authority to revoke a source's operating permit for failure to pay all or part of its operating permit fee.
e. Facility Closure. Sources that permanently cease operations will be required to pay only a pro rata portion of the annual operating permit fee for the fiscal year in which they cease operations. The portion of the fee to be paid will be calculated by dividing the number of calendar days that have passed in the relevant calendar year at the time the source ceases operations by the total of 365 calendar days, and multiplying the fraction thus derived by the fee that the source would have paid for the relevant calendar year, had it not ceased operations.
f. Transfer in Ownership. Transfer in ownership of a source shall not affect that source's obligation to pay operating permit fees. Any liability for fee payment, including payment of late payment and other penalties shall survive any transfer in ownership of a source.
6. Development and Oversight Remittance by Local Authorities to Ecology
a. Ecology will provide to the Authority a statement of the share of Ecology's development and oversight costs for which it is responsible for collecting from sources under its jurisdiction on or before December 31 of each year.
b. The Authority shall remit to Ecology one-half of the share of Ecology's development and oversight costs for which it is responsible for collecting from sources under its jurisdiction on or before March 31 of each year and shall remit to Ecology the balance of its share of Ecology's development and oversight costs on or before June 30 of each year.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Benton Clean Air Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.
Section 10.09 Section 10.10 Special Open Burning Permits Fees
A. Anyone who submits to the Authority a request for special
burning permit shall pay an application fee of fifty dollars
($50.00).
B. Upon approval of the request for special burn permit the Authority will charge an additional fee at a rate determined by the volume of the material to be burned, and inspection and oversight costs. The additional fee shall not exceed eight dollars and fifty cents ($8.50) per cubic yard or the adjusted amount according to WAC 173-425. Special Open Burning Permits shall be valid for a period not to exceed one year, at which time the applicant may re-apply with another $50.00 fee.
C. The fees for a burn permit are due within thirty (30) days of the start of burning. A late fee of $25.00 will be added to the fees for burn permits that have not been paid within thirty (30) days of the start of burning. Failure to pay said fee within sixty (60) days of the start of burning may result in issuance of a citation and penalty.
Reviser's note: The typographical error in the above material occurred in the copy filed by the Benton Clean Air Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.
Section 10.10 Section 10.11 Agricultural Burning Permits Fees
A. Upon approval of any agricultural burn permit
application, the BCAA will charge a fee not to exceed two dollars
and fifty cents ($2.50) per acre for each acre permitted to be
burned. This fee is divided into a local and a state portion.
Up to oOne dollar-twenty five cents ($1.2500) per acre of each
fee will go directly to Ecology to be divided among
administration, oversight costs, and the research fund. The
remainder of the fee will go to the BCAA for local administration
and implementation of the program.
B. The local portion of the agricultural burn permit fee will be seventy-five cents ($0.75) per acre.
C. Permits will only be issued upon receipt of full payment. Refunds may be issued by the BCAA for acres not burned under each permit.
D. The minimum permit fee shall be no less than $25.00.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Benton Clean Air Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.