Section 10412 - Assessment of Fees (California Code of Regulations)

§ 10412. Assessment of Fees

(a)

(1) Permit application fees, payable upon submittal of a facility compliance plan, shall be determined by each permitting authority and conveyed to the Plan Applicant in a single consolidated statement prepared by the Zone Administrator. The fees assessed for the facility compliance plan shall not exceed those fees applicable to the permits for which the facility compliance plan is a substitute. All costs currently recovered by a permitting authority for any aspect of the review of a permit application shall be recoverable through the fee assessed for a facility compliance plan. Any fee associated with the operation of a facility is not affected by these regulations and is payable to the permitting authority through their existing procedures.

(2) The fees submitted with the facility compliance plan shall be through separate checks payable to each permitting authority for that portion of the plan subject to their review.

(3) Where fees are allowed to be determined on an actual cost basis, the consolidated fee statement shall indicate that the fee is so based. Permitting authorities shall take adequate measures to account for fees not expended in the event a fee reimbursement becomes necessary.

(4) In the event a facility compliance plan is amended, or a participating permitting authority withdraws from a Zone, or a Zone is terminated, a facility shall pay to the appropriate permitting authority the actual cost to incorporate the amendment, or convert the facility compliance plan to an individual environmental permit.

(5) Until such time as the requisite fees for a facility compliance plan application or amendment are paid, the 45-day review period identified in Section 10410(d)(1) shall be tolled.

(6) A facility compliance plan shall be subject to all annual operating fees otherwise required for an individual environmental permit. Non-payment of any annual operating fee shall subject the portion of the facility compliance plan to termination upon 60 day notice to the facility.

(1. New article 5 (sections 10412-10418) and section filed 5-22-97; operative 6-21-97 (Register 97, No. 28).)

Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.5, 71035.6 and 71035.8, Public Resources Code.

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