1. (a) Each district shall notify and assess the operator of each facility subject to this regulation in writing of the fee due. Except as provided in Sections 90702(c) and (d), 90703, 90704(g), and 90704(h), each district shall use the facility program category as the basis for billing. The operator shall remit the fee to the district within 60 days after the receipt of the fee assessment notice or the fee will be considered past due. If an operator fails to pay the fee within 60 days of this notice, the district shall assess a penalty of not more than 100 percent of the assessed fee, but in an amount sufficient, in the district's determination, to pay the district's additional expenses incurred by the operator's non-compliance. If an operator fails to pay the fee within 120 days after receipt of this notice, the district may initiate permit revocation proceedings. If any permit is revoked it shall be reinstated only upon full payment of the overdue fee plus any late penalty, and a reinstatement fee to cover administrative costs of reinstating the permit.

   1. (1) The invoices sent by the districts to the facilities shall contain, but not be limited to, the following information: name and address of the facility; name, address, and phone number contact of the district sending the bill, invoice number, fiscal year for which the bill is being sent, where to send the remittance, an indication of whether or not a small business cap is applicable, and the following statement: “The California Health and Safety Code Section 44380 requires the collection of fees from facilities subject to the requirements of the Air Toxics Hot Spots Information and Assessment Act of 1987.”
2. (b) Each district shall collect the fees assessed by or required to be assessed by this regulation. After deducting the costs to the district to implement and administer the program, each district shall transmit to the State Board the amount the district is required to collect for recovery of state costs pursuant to Section 90700(b)(1), as set forth in Table 1, within 180 days of the receipt of an invoice from the State Board. Checks shall be made payable to the State Air Resources Board. The State Board shall forward the revenues to the State Controller for deposit in the Air Toxics Inventory and Assessment Account.
3. (c) Any fee revenues received by a district for which fees have been adopted pursuant to Section 90704(b) that exceed district and state costs shall be reported to the State Board and shall be retained by the district for expenditure in the next two fiscal years.

4. (d) If a district does not collect sufficient revenues to cover the portion of the state costs that the district is required to remit to the State Board for a particular fiscal year due to circumstances beyond the control of the district, the district shall notify the Executive Officer of the State Board prior to June 30 of the year following the applicable fiscal year and may for demonstrated good cause be relieved by the Executive Officer from an appropriate portion of the fees the district is required to collect and remit to the state.

   1. (1) A district for which the State Board has adopted a fee schedule pursuant to Section 90704(b) in fiscal year 2001-2002, or Section 90704(d) in subsequent years, may, upon notifying the Executive Officer of the State Board, carry over all or a portion of such shortfall in revenue from one to four fiscal years after the shortfall was discovered and add the shortfall amount to its program costs for each such subsequent fiscal year.

   Circumstances beyond the control of the district may include but are not limited to plant closure or refusal of the facility operator to pay despite permit revocation or other enforcement action. Documentation of the circumstances resulting in the shortfall shall be submitted to the ARB upon request. Nothing herein shall relieve the operator from any obligation to pay any fees assessed pursuant to this regulation.

Note: Authority cited: Sections 39600, 39601 and 44380, Health and Safety Code. Reference: Section 44380, Health and Safety Code.

History

1. Renumbering and amendment of former section 90704 to section 90705 filed 1-30-92; operative 1-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 17).

2. Amendment of Tables 1-8 and Appendix A, repealer and new Table 9 and repealer of Table 10 filed 1-30-92; operative 1-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 17).

3. Editorial correction restoring inadvertently omitted Appendix B (Register 92, No. 32).

4. Amendment of Tables 1-9 and Appendix B filed 6-23-93; operative 6-23-93 pursuant to Government Code section 113462(d) (Register 93, No. 26).

5. Amendment of subsection (a) and Tables 1-3, renumbering and amendment of Table 9 to Table 4, repealer of Tables 3-8 and Appendix A, and redesignation and amendment of former Appendix B to Appendix A filed 6-28-94; operative 6-28-94 (Register 94, No. 26).

6. Amendment of subsection (a), new subsection (a)(1), and amendment of subsection (d)(1), Tables 1-4 and Appendix A filed 6-6-95; operative 6-6-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 23).

7. Amendment of subsections (a), (c) and (d)(1), and amendment of Table 1, Table 2, newly designated Tables 3a, 3b and 3c, Table 4 and Appendix A filed 6-28-96; operative 6-28-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 26).

8. Amendment of subsections (a), (c) and (d) amendment of Tables 1 and 2, repealer and new Tables 3a-3c, and amendment of Table 4 and Appendix A filed 4-22-97; operative 4-22-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 17).

9. Amendment of subsections (a) and (b), Tables 1-4 and Appendix A filed 4-17-98; operative 4-17-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 16).

10. Amendment of Tables 1-4 and Appendix A filed 2-4-99; operative 2-4-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 6).

11. Amendment of Tables 1-4 filed 4-18-2000; operative 4-18-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 16).

12. Amendment of Tables 1-4 filed 5-30-2001; operative 5-30-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 22).

13. Amendment of subsections (a), (d) and (d)(1) and amendment of tables 1-4 filed 6-10-2002; operative 7-10-2002 (Register 2002, No. 24).