CHAPTER 8

FORMERLY

SENATE BILL NO. 74

AS AMENDED BY

SENATE AMENDMENT NOS. 2 AND 4

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE CLEAN AIR ACT TITLE V OPERATING PERMIT PROGRAM.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each house thereof concurring therein):

Section 1: Amend § 6097(c), Title 7, Delaware Code by deleting the existing subsection in its entirety and inserting in lieu thereof the following:

"The Department shall collect annual permit fees, payable annually or in quarterly installments, which will result in the collection during calendar years 1995-1999, in the aggregate, from the sources listed in subsection (a) of this section, of a fee in dollars in proportion to tons of emission of each regulated air pollutant, except carbon monoxide, as follows:

(1) For sources with emissions between 0-9 tons, $1,000;

(2) For sources with emissions between 10-25 tons. $2,000;

(3) For sources with emissions between 26-50 tons, $3,000;

(4) For sources with emissions between 51-75 tons, $5,500;

(5) For sources with emissions between 76-100 tons, $7,000;

(6) For sources with emissions between 101-200 tons, $12,000;

(7) For sources with emissions between 201-400 tons, $20,000;

(8) For sources with emissions between 401-800 tons. $40,000;

(9) For sources with emissions between 801-1,600 tons, $75,000;

(10) For sources with emissions between 1,601-3,200 tons, $100,000;

(11) For sources with emissions between 3,201-6.000 tons, $120,000;

(12) For sources with emissions between 6.001-10,000 tons, $130,000; and

(13) For sources with emissions greater than 10,000 tons, $225,000.

For sources in existence as of December 31, 1990, such fees shall be based upon the inventory of such emissions conducted by the Department set forth in the document entitled "The 1990 Delaware Point Source Emission Inventory of Estimate Actual Regulated Air Pollutants." Sources not in existence as of December 31, 1990, or not included in the above noted document, shall be assessed on the amount of permitted emissions, until such time as estimates of actual emissions can be derived by the Division from records of the source and inspections. Synthetic minor Title V sources shall pay the appropriate Title V fees as established within this subsection. These fees may be increased on annual basis by no more than the Federal Consumer Price Index for the previous calendar year. Any increases in fees are subject to review and approval by the committee established pursuant to Section 6098 or this Chapter. After December 31, 1999, no fees shall be collected pursuant to this subsection unless authorized by a further Act of the General Assembly."

Section 2. Amend § 6097(d), Title 7, Delaware Code by inserting a period "." after the word "pollutant" and before the word "or" in the first sentence thereof and deleting the remaining text of that sentence.

Section 3. Amend § 6098, Title 7, Delaware Code by deleting the last three sentences thereof and inserting in lieu thereof the following:

"The Committee shall provide the Governor and the General Assembly with a report on or before February I of each year, for the previous calendar year, identifying the amounts and sources of fees collected pursuant to § 6097 of this subchapter, the expenditures made by the Department to implement the Program, information regarding the performance of the Program, whether the fees collected by § 6097 of this subchapter are adequate to ensure the effective implementation of the Program, and recommendations to remedy or improve any deficiencies or elements of the Program. The Committee shall submit its final report on or before February 2000 and shall cease to exist on that date absent a further Act of the General Assembly."

Section 4. The fee schedule established in this Act shall apply retroactively to January I, 1995 provided, however, that any fees paid in 1995 under the Title V Operating Permit Program fee schedule in effect before the enactment of this Act shall be credited against fees due under this Act.

Approved March 28, 1995