§ 16-28. Emissions fee for stationary sources.

A fee shall be collected from each stationary air pollution source which has more than one ton of actual emissions annually of a "regulated pollutant (for fee calculation)" as defined herein, called the "emissions fee," which shall equal the amount determined by the requirements set forth in appendix A to Ordinance No. 102, as amended. "Regulated pollutant (for fee calculation)," which is used only for purposes of this section and appendix A, means any "regulated air pollutant" except the following: carbon monoxide; any pollutant that is a regulated air pollutant solely because it is a Class I or II substance to a standard promulgated under or established by Title VI of the Clean Air Act; or, for any pollutant that is a regulated air pollutant solely because it is subject to a standard or regulation under section 112(r) of the Clean Air Act. The fee collected shall be adjusted by resolution of the board of county commissioners from time to time consistent with the need to cover the costs authorized by this article. For purposes of this article, the term "stationary air pollution source" means that group of air pollution sources located within a contiguous area and under common control.

(Code 1992, § 14.5-28; Ord. No. 102, § 3, 3-30-1992; Ord. No. 203, § 1, 8-24-1998; Ord. No. 276, § 13, 11-24-2003; Ord. No. 457, § 1, 2-9-2015; Ord. No. 477, § 1, 12-4-2017)

Editor's note— Appendix A is not set out herein, but is on file and available for inspection at the Memphis and Shelby County Health Department located at 814 Jefferson Avenue in Memphis, Tennessee.

Note— Ord. No. 477, § 1, adopted Dec. 4, 2017, amended the 2011 emissions fee rate by the addition of the following footnote:
  "This is the effective emissions fee rate (after adjustment for carryover overage) approved by the Shelby County Commission:"

Approved Rate	Adopted In	Effective Rate	Applicable To
$29.65	2003	$29.65	2002 Emissions
$29.65	2004	$29.68	2003 Emissions
$30.63	2005	$27.57	2004 Emissions
$31.67	2006	$28.50	2005 Emissions
$30.00	2008	$27.00	2006 Emissions
$43.00	2012	$43.00	2011 Emissions
$48.00	2014	$48.00	2013 Emissions
$53.00	2017	$53.00	2016 Emissions