§ 143-215.3A. Water and Air Quality Account; use of application and permit fees; Title V Account; I & M Air Pollution Control Account; reports. - North Carolina Statutes

§ 143‑215.3A.  Water andAir Quality Account; use of application and permit fees; Title V Account; I& M Air Pollution Control Account; reports.

(a)        The Water and AirQuality Account is established as a nonreverting account within the Department.Revenue in the Account shall be applied to the costs of administering theprograms for which the fees were collected. Revenue credited to the Accountpursuant to G.S. 105‑449.43, G.S. 105‑449.125, and G.S. 105‑449.136shall be used to administer the air quality program. Except for the followingfees, all application fees and permit administration fees collected by theState for permits issued under Articles 21, 21A, 21B, and 38 of this Chaptershall be credited to the Account:

(1)        Fees collected underPart 2 of Article 21A and credited to the Oil or Other Hazardous SubstancesPollution Protection Fund.

(2)        Fees credited to theTitle V Account.

(3)        Repealed by SessionLaws 2005‑454, s. 7, effective January 1, 2006.

(4)        Fees collected underG.S. 143‑215.28A.

(5)        Fees collected underG.S. 143‑215.94C shall be credited to the Commercial Leaking PetroleumUnderground Storage Tank Cleanup Fund.

(a1)      The total moniescollected per year from fees for permits under G.S. 143‑215.3(a)(1a),after deducting those monies collected under G.S. 143‑215.3(a)(1d), shallnot exceed thirty percent (30%) of the total budgets from all sources ofenvironmental permitting and compliance programs within the Department. Thissubsection shall not be construed to relieve any person of the obligation topay a fee established under this Article or Articles 21A, 21B, or 38 of thisChapter.

(b)        The Title V Accountis established as a nonreverting account within the Department. Revenue in theAccount shall be used for developing and implementing a permit program thatmeets the requirements of Title V. The Title V Account shall consist of feescollected pursuant to G.S. 143‑215.3(a)(1d) and G.S. 143‑215.106A.Fees collected under G.S. 143‑215.3(a)(1d) shall be used only to coverthe direct and indirect costs required to develop and administer the Title Vpermit program, and fees collected under G.S. 143‑215.106A shall be usedonly for the eligible expenses of the Title V program. Expenses of the SmallBusiness Environmental Advisory Panel, the ombudsman for the Small BusinessStationary Source Technical and Environmental Compliance Assistance Program,support staff, equipment, legal services provided by the Attorney General, andcontracts with consultants and program expenses listed in section 502(b)(3)(A) ofTitle V shall be included among Title V program expenses.

(b1)      The I & M AirPollution Control Account is established as a nonreverting account within theDepartment. Fees transferred to the Division of Air Quality of the Departmentpursuant to G.S. 20‑183.7(c) shall be credited to the I & M AirPollution Control Account and shall be applied to the costs of developing andimplementing an air pollution control program for mobile sources.

(c)        The Departmentshall report to the Environmental Review Commission and the Fiscal ResearchDivision on the cost of the State's environmental permitting programs containedwithin the Department on or before 1 November of each year. In addition, theDepartment shall report to the Environmental Review Commission and the FiscalResearch Division on the cost of the Title V Program on or before 1 November ofeach year. The reports shall include, but are not limited to, fees set andestablished under this Article, fees collected under this Article, revenuesreceived from other sources for environmental permitting and complianceprograms, changes made in the fee schedule since the last report, anticipatedrevenues from all other sources, interest earned and any other informationrequested by the General Assembly.  (1987, c. 767, s. 2; 1989, c. 500, s. 121; c. 727, s.218(104); 1989 (Reg. Sess., 1990), c. 976, s. 2; 1991, c. 552, s. 3; 1991 (Reg.Sess., 1992), c. 1039, s. 12; 1993, c. 400, s. 14; 1995, c. 390, s. 28; 1995(Reg. Sess., 1996), c. 743, s. 13; 1998‑212, s. 29A.11(c); 2001‑452,s. 2.4; 2001‑474, s. 27; 2005‑386, s. 8.1; 2005‑454, s. 7;2008‑198, s. 11.2.)