§ 9-12-36. Emissions fee for stationary sources.

A.

Emissions fee. A fee shall be collected from each stationary air pollution source which emits more than one ton of actual emissions annually of a "regulated pollutant (for fee calculation)" as defined herein, called the "emissions fee", which shall equal the amount determined by the requirements set forth below. "Regulated pollutant (for fee calculation)", which is used only for purposes of this section, means any "regulated air pollutant" except the following: carbon monoxide; any pollutant that is a regulated air pollutant solely because it is a Class I or II substance to a standard promulgated under or established by Title VI of the Clean Air Act; or, for any pollutant that is a regulated air pollutant solely because it is subject to a standard or regulation under section 112(r) of the Clean Air Act.

1.

$48.00 per ton of actual emissions emitted during calendar year 2013 to be collected beginning in 2015 and for successive years until such time as the council approves a further increase or decrease, not including fugitive emissions and actual excess emissions that are the result of process malfunctions and facility start-up and shutdown determined by the health department to be in compliance with the air pollution code sections that excuse these emissions from enforcement of each regulated pollutant as defined in section 502(b)(3)(B)(ii) of the Federal Clean Air Amendments of 1990.

2.

If no adjustment in the emissions fee rate established for any calendar year after 1992 is made by the county commission and the city council, the fee shall be increased by the percentage, if any, by which the consumer price index for the most recent calendar year preceding the unadjusted year exceeds the consumer price index for the calendar year two years prior to the unadjusted year, unless the county commission adopts an emissions fee rate that excludes a consumer price index adjustment. This rate amount shall then reflect a one-year consumer price index adjustment. For purposes of this title and air pollution control code, the consumer price index is the average of the consumer price index for all urban consumers published by the department of labor, as of the close of the 12-month period ending on August 31 of each calendar year, and the revision of the consumer price index which is most consistent with the consumer price index for 1989 shall be used.

3.

The fee collected shall be adjusted by resolution of the board of Shelby County commissioners and by resolution of the Memphis City Council from time to time consistent with the need to cover the costs authorized by this chapter and air pollution control code. For purposes of this chapter and air pollution control code, a "stationary air pollution source" shall be that group of air pollution sources located within a contiguous area and under common control.

B.

Maximum amount subject to emissions fee. Each stationary air pollution source shall be assessed the emissions fee on no more than 4,000 tons per year of each regulated pollutant it emits.

C.

Minimum annual emissions fee. Air pollution sources issued a permit under Title 40, Code of Federal Regulations, Section 70, to include Title V and synthetic minor sources, being those sources of air pollution with actual emissions over the major source threshold or who have the potential to be a major source under Title V, but which have limited that potential by permit, and as further defined in the City of Memphis Air Code Section, shall pay a minimum annual emissions fee of no less than $1,000.00.

(Code 1985, § 16-95; Ord. No. 4105, § 1, 5-26-1992; Ord. No. 4636, §§ 2, 3, 12-15-1998; Ord. No. 4867, § 1, 6-19-2001; Ord. No. 4899, § 1, 10-2-2001; Ord. No. 4981, §§ 7—9, 12-17-2002; Ord. No. 5041, § 1(14—17), 2004; Ord. No. 5513, 6-4-2013; Ord. No. 5581, 4-21-2015)