§ 9-12-38. Allowable uses for emissions fee.

The department shall collect an annual emissions fee from those entities within the city which operate stationary air pollutant sources required to make application on or after July 1, 1992, to the Memphis-Shelby County health department for issuance, re-issuance or modification of a permit in accordance with the city air pollution control code, and shall be subject to the fee schedule set out in section 9-12-35 of this code:

A.

Reviewing and acting upon any application for a permit or permit modification under the city air pollution control code as amended;

B.

Implementing and enforcing the terms and conditions of any permit issued under the city air pollution control code, provided, however, such cost shall not include any court cost or other costs associated with any judicial enforcement action;

C.

Emissions and ambient monitoring and inspection of source operated monitoring programs;

D.

Preparing generally applicable regulations or guidance;

E.

Modeling, analyses and demonstrations;

F.

Preparing inventories and tracking emissions;

G.

Development of and support for the small business stationary source technical and environmental compliance assistance program as it applies to Part 70 sources;

H.

Information management activities to support and track permit applications, compliance certifications and related data entry.

The emission and annual operating/inspection fees collected from major stationary air pollution sources as defined herein shall be used exclusively for and be sufficient to pay the direct and indirect costs of the major stationary source operating permit program allowable under the Federal Clean Air Act and under regulations in support of those federal provisions as adopted locally in the city air pollution control code. The owner or operator of any stationary source shall also pay any cost of expense associated with public notices or notifications required pursuant to the city air pollution control code or the Federal Clean Air Act.

(Code 1985, § 16-97; Ord. No. 4105, § 1, 5-26-1992; Ord. No. 4636, § 4, 12-15-1998; Ord. No. 4981, §§ 10, 11, 12-17-2002; Ord. No. 5041, § 1(18), 2004)