Md. Code Regs. 26.11.02.16 - Permit Fees
A. General
Requirements for Sources Requiring a Permit to Construct or Permit to Operate.
(1) Fees for Permit to Construct. Upon
receiving an application for a permit to construct, the Department shall
determine the appropriate permit fee and bill the applicant. The fee shall be
as prescribed in Regulation .17 or .18 of this chapter.
(2) Fees for Permits to Operate.
(a) The fees for State permits to operate and
permits issued pursuant to Title V of the federal Clean Air Act Amendments of
1990, 42 U.S.C. §§
7661-
7661f, including Part 70 permits,
are as prescribed in Regulation .19 of this chapter.
(b) Initial Permits. Upon receiving an
application for an initial permit to operate, the Department shall determine
the appropriate permit fee covering the first and second 12-month periods of
the permit and bill the applicant. For subsequent years, the Department shall
determine the appropriate annual permit fee in accordance with Regulation .19
of this chapter.
(c) Subsequent
Periods. For permits to operate that expire more than 12 months after issuance
by the Department, the Department shall determine the appropriate permit fee
covering each successive 12-month or shorter period of the permit, after the
first 12-month period, and bill the applicant or person having the permit in
current effect 60 days before the date that the permit fee is due. The permit
fee is due on and shall be paid on or before each 12-month anniversary of the
date of the permit issuance by the Department.
(3) Time Period Covered by Fees. Except as
provided by Regulation .04 of this chapter or if the Department prescribes a
shorter period of time, a fee prescribed in Regulation .19 of this chapter
covers a period of 12 months from the date the permit is issued or from a
subsequent anniversary of the date.
(4) Temporary or Start-Up Permits for New or
Modified Sources.
(a) The Department may
issue a temporary or start-up permit to operate in accordance with Regulation
.04D of this chapter. There is no fee for the issuance of a temporary or
start-up permit to operate.
(b)
When a temporary or start-up permit expires, the Department may amend an
existing permit to operate to include the new or modified sources covered by
the temporary or start-up permit or may require the owner or operator to apply
for a new permit to operate.
(5) Failure to Pay Fees.
(a) The Department may not issue a permit to
construct, an initial permit to operate, or a renewal of a permit to operate
until all appropriate fees are paid in full.
(b) Failure to pay the annual permit to
operate fee constitutes cause for revocation of the permit by the
Department.
(6) Permit
fees are not refundable.
(7) When
assessing the permit fees under this chapter, the Department shall ensure that
the fee for a source does not exceed the maximum fees authorized by Environment
Article, §
2-403, Annotated Code of
Maryland.
B. New or
Modified Electric Generating Stations Constructed by Electric Companies. An
electric company applying for a Certificate of Public Convenience and Necessity
for a new or modified electric generating station under Article 78, § 54A or
54B, Annotated Code of Maryland, or for a modification to an electric
generating station under Article 78, § 54I, Annotated Code of Maryland, shall
pay a fee to the Department when it submits the application to the Public
Service Commission. The fee shall be as prescribed in Regulation .18 of this
chapter.
C. Permits and Fees for
Portable Equipment.
(1) A person who owns or
operates portable equipment shall obtain a permit to construct and pay a fee
for each location at which the portable equipment is to be constructed and
operated.
(2) The permit to
construct fee for portable equipment for any other location is 50 percent of
the fee prescribed in Regulation .17 of this chapter.
D. Permit fees shall be paid by check made
payable to the Department of the Environment Clean Air Fund.
Notes
Regulation .16A amended effective June 16, 1997 (24:12 Md. R. 866); December 10, 2001 (28:24 Md. R. 2130)
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