The Florida Senate

252.939  Fees.--

(1)(a)  Any owner or operator of a specified stationary source in the state which must submit a Risk Management Plan to the United States Environmental Protection Agency under s. 112(r)(7) shall pay an annual registration fee for each specified stationary source to the department. The annual registration fee is due to the department upon initial submission of a stationary source's Risk Management Plan to the United States Environmental Protection Agency, and every April 1 thereafter.

(b)  Prior individual written notice shall be provided by United States mail by the department to owners or operators of specified stationary sources in the state subject to the requirements under s. 112(r)(7) to submit Risk Management Plans and corresponding state registration fees. This notice must include the requirements of the state fee schedule and must be mailed at least 90 days before the due date for the specified stationary source's initial registration and Risk Management Plan submission year and at least 30 days before the registration fee due date for subsequent years.

(c)  The department shall establish a fee schedule by rule for the specified stationary sources, upon the advice and consent of the commission. The annual registration fee must be based on a stationary source's highest program level, as determined under the federal implementing regulations for s. 112(r)(7) and may not exceed the following:

1.  Program 1 Stationary Sources $100. Multiple Program 1 stationary sources which are under common ownership and which have the same single chemical process, shall pay a full fee for the first stationary source location and a 50 percent fee for subsequent locations with no owner of such multiple stationary sources paying more than $1,000. To be eligible for this multiple stationary source fee provision, one single fee payment must be submitted by the owner of the eligible multiple stationary source locations with a listing of the multiple stationary source locations and the single chemical process.

2.  Program 2 Stationary Sources $200. Multiple Program 2 stationary sources which are under common ownership and which have the same single chemical process, shall pay a full fee for the first three stationary source locations and a 50 percent fee for subsequent locations with no owner of such multiple stationary sources paying more than $2,000. Multiple Program 2 stationary sources which are under common ownership and which are classified under one of the following Standard Industrial Classification group numbers 01, 02, or 07 shall pay a full fee, not to exceed $100 for the first stationary source location and a 50 percent fee for subsequent locations with no owner of such multiple stationary sources paying more than $800. To be eligible for these multiple stationary source fee provisions, one single fee payment must be submitted by the owner of the eligible multiple stationary source locations with a listing of the multiple stationary source locations and the chemical process.

3.  Program 3 Stationary Sources $1,000.

(d)  Annual registration fees under this section are not required until after the department receives final delegation approval from the United States Environmental Protection Agency to administer the s. 112(r)(7) Accidental Release Prevention Program for the specified stationary sources.

(2)  The department shall establish by rule late fees, not to exceed 10 percent per month of the annual registration fee owed, and not to exceed a total of 50 percent, for failure to timely submit an annual registration fee. A late fee may not be assessed against a stationary source during the initial registration and submission year if 90 day's prior written notice was not provided to that stationary source.

(3)  In determining whether an annual registration fee is timely submitted under subsections (1) and (2), if the fee is:

(a)  Mailed via United States mail, the date of submittal is the date evidenced by the postmark.

(b)  Delivered by overnight or other private mail carriers, the date of submittal is the date the package is deposited with the overnight carrier.

(c)  Hand-delivered, other than by overnight or private mail carrier, the date of submittal is the date of actual receipt.

(4)  If the Legislature directs the department to seek authority to implement and enforce s. 112(r)(7) of the Clean Air Act for additional stationary sources, the department shall, with the ¹advice of the commission, review and suggest revisions, if necessary and appropriate, to the fees specified in this section.

History.--s. 1, ch. 98-193.

¹Note.--The word "advice" was substituted for the word "advise" by the editors.