Appendix 4527. Fees.

The CUPA shall charge and shall be paid fees required by this Section to defray the costs to the County of administering this Article on behalf of the CUPA. The fees provided in this Section, where applicable, are hereby imposed on each unified program facility at which one or more pertinent tanks are located. The person who was issued or holds the applicable permit and approval, as the case may be, and those persons who own or operate the pertinent facility or tank shall be jointly and severally liable to pay such fees.

(a)

Permit to Install Fee. The fee for a permit to install one or more underground storage tanks at a single unified program facility shall be paid in two (2) installments. The first installment shall come due on the date the permit application is submitted to the CUPA for processing. The second installment shall come due on the date an itemized billing therefore is received by the permittee from the CUPA. The installments shall be computed pursuant to the following formula:

Installment 1 = 10 (A÷$55)

Installment 2 = (A÷$55)B

Where:

A = the EHS IV contract hourly rate as of the due date; and

B = the number of person-hours, if any, in excess of ten hours expended by County employees to process the permit and conduct related inspections on behalf of the CUPA.

(b)

Permit to Operate Fee. The fee for a permit to operate one or more underground storage tanks at a single unified program facility shall be paid in one installment to the CUPA coming due on the date the permit application is submitted to the CUPA for processing. The fee shall be computed pursuant to the following formula:

Fee = 3AC

Where:

A= the EHS IV contract hourly rate as of the due date;

C = the number of tanks covered by the permit.

(c)

Permit to Close Fee. The fee for a permit to close one or more underground tank systems at a single unified program facility shall be paid in two (2) installments. The first installment shall be due and payable to the CUPA on the date the permit application is submitted to the CUPA for processing. The second installment shall come due on the date an itemized billing therefore is received by the permittee. The installments shall be computed pursuant to the following formula:

Installment 1 = 5(A÷$55)

Installment 2 = (A+$55)D

Where:

A = the EHS IV contract hourly rate as of the date due; and

D = the number of person hours, if any, in excess of five hours expended by County employees to process the permit and conduct related inspections on behalf of the CUPA.

(d)

Fees for Canceled or Follow-up Inspections. If an inspection required by Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code, or by any regulations adopted pursuant thereto, or as a condition of any permit issued thereunder or under the provisions of this Article is canceled at the request of the owner, operator or permittee of the facility or tank to be inspected, or if the facility or tank does not pass such an inspection and a follow-up inspection must be performed, the following fee shall be paid to the CUPA in an amount computed pursuant to the following formula:

Fee = AE

Where:

A = the EHS III contract hourly rate in effect as of the due date; and

E = in the case of a canceled inspection, the number of person-hours expended on behalf of the CUPA by County employees traveling to and from the site and waiting at the site before cancellation is requested, and, in the case of a follow-up inspection, the number of person-hours expended by the inspectors traveling to and from the site and conducting the inspection.

The due date for such fee shall be the date a bill therefor is received from the CUPA.

(e)

Unauthorized Release Response Fee. In the event of any unauthorized release from a tank subject to the provisions of Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code, the following fee shall be paid to the CUPA in an amount computed pursuant to the following formula:

Fee = AF

Where:

A = the EHS III contract hourly rate in effect as of the due date; and

F = the number of person-hours expended on behalf of the CUPA by County personnel in traveling to and from the site, surveying the situation, processing applications for approval of corrective action plans, and supervising any required corrective action.

The due date for such fee shall be the date a bill therefor is received from the CUPA. A credit shall be allowed against such fee in an amount equal to the amount the CUPA or County has received or will receive from the state, pursuant to a local oversight program established under Section 25297.1 of the Health and Safety Code, to reimburse them for the cost of providing the services for which the fee is imposed. This subdivision (e) shall not operate to relieve any person from any liability they may otherwise have under any other provision of law or this Code.

(f)

Permit to Repair or Modify Fee. The fee for a permit to repair or modify one or more underground tank systems at a single unified program facility shall be paid in two (2) installments to the CUPA. The first installment shall come due on the date the permit is issued or the date on which work for which the permit is required actually commences, whichever date is earlier. The second installment shall come due on the date an itemized bill therefore is received by the permittee. The installments shall be computed pursuant to the following formula:

Installment I = 5 (A÷$55)

Installment 2 = (A+$55)G

Where:

A = the EHS IV contract hourly rate as of the due date; and

G = the number of person hours, if any, in excess of five hours, expended by County personnel to process the permit and conduct related inspections on behalf of the CUPA.

(Am. Ord. 4269—6/18/02)