§342B-29  Fees.  (a)  The director shall
establish fees for permits issued pursuant to this chapter to be paid by the
applicant prior to the issuance of the permit and thereafter on a schedule
established by the department.



(b)  Fees for covered sources shall adequately
cover the direct and indirect costs required to develop, support, and
administer the permit program, including the reasonable costs of:



(1)  Reviewing and acting upon any application for or
renewal of a permit;



(2)  Implementing and enforcing the terms and
conditions of any permit, including legal support;



(3)  Monitoring emissions and ambient air quality,
including resources to audit and inspect source-operated monitoring programs at
least once a year;



(4)  Preparing generally applicable rules or guidance;



(5)  Performing or reviewing modeling, analyses, and
demonstrations;



(6)  Preparing inventories and tracking emissions;



(7)  Providing support to the small business
assistance program; and



(8)  Administering the fund.



(c)  Fees for covered sources shall be based on
the number of tons of regulated air pollutant, excluding carbon monoxide,
allowed or emitted by the permitted source and shall not be less than $25 per
ton per year.



(d)  Unless changed by rules, fees for covered
sources shall be changed in December of each year only by the percentage, if
any, by which the consumer price index for that calendar year exceeds the
consumer price index for the prior calendar year.  The consumer price index for
any calendar year is the average of the consumer price index for all urban
consumers published by the United States Department of Labor, as of the close
of the twelve-month period ending on August 31 of each calendar year.



(e)  Nothing in the cost-per-ton fee provisions
of subsections (c) and (d) shall restrict the director from assessing more or
less than the amount determined under subsections (c) and (d) from any one
covered source or any class or category of covered sources, as designated by
the director; provided the department collects a total amount of fees
sufficient to cover the costs of the permit program. [L 1992, c 240, pt of §1;
am L 2009, c 42, §2]