6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code to…

previously approved RMP shall be jointly and severally liable to pay an RMP review fee to the CUPA for each RMP or revision required to be submitted after the operative date of this Article. The amount of the RMP review fee shall be calculated in accordance with the following formula:

Fee = CD

Where:

C = the EHS IV contract hourly rate at the time of review of the review; and

D = the number of person-hours actually expended by the County on behalf of the CUPA in connection with the review of the proposed RMP or revision after the CUPA has determined pursuant to Section 25534 of the Health and Safety Code that the RMP or revision is required.

Within thirty (30) calendar days after the owner or operator has been notified that the CUPA has determined that the RMP or revision is required, the owner or operator shall submit to the CUPA an amount equal to ten (10) times the EHS IV contract hourly rate as an advance deposit on account of the RMP review fee. At the end of each calendar quarter during which it is conducting its review of the RMP or revision, the CUPA shall send the owner or operator an itemized quarterly billing, and upon completion of its review (or upon determining that the proposed RMP or revision is no longer required on account of changes in the proposed operation of the facility), the CUPA shall send the owner or operator an itemized final billing, showing the total number of person-hours expended to date in connection with the review. If the amount of any quarterly or final billing is more than the amount of the advance deposit plus any additional amounts received by the CUPA on account of the RMP review fee, the owner or operator shall pay the balance within thirty (30) calendar days after receipt of the billing. If the amount of the final billing is less than the amount of the advance deposit, the CUPA shall refund the balance.

(b)

Inspection and Audit Fees. Any person who is the owner or operator of any stationary source that is inspected by the CUPA pursuant to Section 25537 of the Health and Safety Code, and any person who is the owner or operator of any stationary source that has its RMP audited by the CUPA pursuant to Section 68.220 of Title 40 of the Code of Federal Regulations, shall be jointly and severally liable to pay a fee for each such inspection or audit. The amount of the fee shall be calculated in accordance with the following formula:

Fee = CE

Where:

C = the EHS IV contract hourly rate in effect at the time of the inspection or audit; and

E = the number of person-hours actually expended by the County on behalf of the CUPA in connection with the inspection or audit.

After the CUPA has completed the inspection or audit, it shall send the owner or operator an itemized billing showing the total number of person-hours expended in connection with the inspection or audit. The owner or operator shall pay the fee within thirty (30) calendar days after receipt of the billing.

4539 - Administrative civil penalties and procedures.

The CUPA may seek and collect administrative penalties in accordance with, and if allowed by, Sections 25514.5 and 25514.6 of the Health and Safety Code. Article 1.6 (commencing with Section 4550) of this Chapter shall constitute a written policy to adopt and carry out the provisions of Sections 25514.5 and 25514.6 of the Health and Safety Code.