1. (a) For purposes of this section, the term “small business stationary source” means a stationary source that is:

   1. (1) Owned or operated by a person that employs one hundred (100) or fewer individuals;
   2. (2) A small business concern as defined in the federal Small Business Act (www.sba.gov);
   3. (3) Not a major stationary source;
   4. (4) Permitted to emit less than fifty (50) tons per year of any regulated pollutant; and
   5. (5) Permitted to emit less than seventy-five (75) tons per year of all regulated pollutants.
2. (b) Upon written request, the Director of the Division of Environmental Quality may reduce the Part 70 initial, Part 70 annual, or Part 70 modification fee for a small business stationary source if the source demonstrates to the satisfaction of the director that they do not have the financial resources to pay the fee as calculated.
3. (c) When reducing permit fees in accordance with subsection (b) of this section, the director shall calculate the fee as if the source is a non-Part 70 source.

Codification Notes: The Small Business Act was enacted in Pub. L. No. 85-536.