§ 143-215.106A. Assessments to establish Title V program. - North Carolina Statutes

§ 143‑215.106A. Assessments to establish Title V program.

(a)        The holders of permits issued by the Commission for thecontrol of sources of air pollution are assessed Title V program implementationfees on an annual basis in accordance with the schedule established in thissection. The assessments are in addition to any other fees required to be paidby the permit holders in conjunction with the permits. The assessments shall becredited to the Title V Account. The Secretary shall issue annual notices of theassessments to permit holders on or before 1 July of each fiscal year. Eachnotice of assessment shall include a summary of the data on which theassessment is based. Assessments shall be payable 30 days after receipt ofnotice. Failure to make timely payment within 90 days shall be grounds torevoke the permit and to institute a collection action against the permitholder by the Attorney General.

(b)        Assessments are made in accordance with the followingschedule:

(1)        Sources emitting at least 100 tons and less than 500 tonsper year, two thousand dollars ($2,000) for fiscal year 1991‑92 and twothousand five hundred dollars ($2,500) for each year thereafter;

(2)        Sources emitting at least 500 tons and less than 1,000 tonsper year, four thousand dollars ($4,000) for fiscal year 1991‑92 andtwelve thousand five hundred dollars ($12,500) for each year thereafter;

(3)        Sources emitting at least 1,000 tons and less than 5,000tons per year, six thousand dollars ($6,000) for fiscal year 1991‑92, andtwenty‑five thousand dollars ($25,000) for each year thereafter; and

(4)        Sources emitting at least 5,000 tons per year, six thousanddollars ($6,000) for fiscal year 1991‑92, and one hundred thousanddollars ($100,000) for each year thereafter.

(c)        Notices of assessment shall not be issued for any fiscalyear in which the permit fees for the Title V program adopted by the Commissionpursuant to G.S. 143‑215.3(a)(1d) are in effect.  Should a Title Vprogram permit fee become due and payable during a fiscal year when the permitholder has paid an assessment, the Title V program permit fee shall be reducedin an amount equal to the pro rata share of the assessment for the monthsremaining in the fiscal year.  The pro rata share is determined by dividing theassessment into 12 equal parts and multiplying that sum by the number of monthsremaining in the fiscal year. (1991, c. 552, s. 10; 1991 (Reg. Sess., 1992), c. 1039, s. 17.)