§ 16-37. Effect on existing fee.

The fees assessed air pollution sources are set forth in appendix B to Ordinance No. 102, adopted March 30, 1992, as amended. The emission and annual operating/inspection fees collected from major stationary air pollution sources as defined herein, shall be used exclusively for and be sufficient to pay, the direct and indirect costs of the major stationary source operating permit program allowable under the Federal Clean Air Act and under regulations in support of those federal provisions as adopted locally in the county air pollution code. The owner or operator of any stationary source shall also pay any cost or expense associated with public notices or notifications required pursuant to the Memphis/Shelby County Air Code or the Federal Clean Air Act.

(Code 1992, § 14.5-37; Ord. No. 102, § 12, 3-30-1992; Ord. No. 203, § 3, 8-24-1998; Ord. No. 457, § 2, 2-9-2015; Ord. No. 477, §§ 1, 2, 12-4-2017)

Editor's note— Appendix B is not set out herein, but is on file and available for inspection at the county health department located at 814 Jefferson Avenue in Memphis, Tennessee.

Notes:

1. Ord. No. 286, adopted July 12, 2004, amended Appendix B in its entirety to adjust for inflation since 1990 of 32 percent, rounded to the nearest $5.00, and to codify the policy on several fees.

2. Ord. No. 318, adopted Dec. 18, 2006, amended Appendix B, pt. II, subpart A, point 10 to read as follows: "10. Any source issued a permit pursuant to local rules implementing Title 40, Code of Federal Regulations, Section 70 (Major Source Permits) $1,000.00."

3. Ord. No. 457, § 2, adopted Feb. 9, 2015, amended Appendix B, pt. II, subpart A, point 10 to read as follows: "10. Any source issued a permit pursuant to local rules implementing Title 40, Code of Federal Regulations, Section 70 (Major Source Permits) $2,000.00."

4. Ord. No. 477, § 2, adopted Dec. 4, 2017, amended Appendix B, pt. II, subpart A, point 10 to read as follows: "10. Any source issued a permit pursuant to local rules implementing Title 40, Code of Federal Regulations, Section 70 (Major Source Permits) shall have a permit fee of $5,000.00."

5. Ord. No. 477, § 3, adopted Dec. 4, 2017, amended Appendix B, pt. II, subpart A, to read as follows: "10. Any source issued a permit pursuant to local rules implementing Title 40, Code of Federal Regulations, Section 70 (Major Source Permits) shall have a minimum emission fee of $1,500.00."