Section 49-17-30 - Title V permit fees(1) As a condition of Title V of the federal Clean Air Act, the owner or operator of any stationary source required to obtain an air operating permit under the Title V program, hereinafter referred to as a "Title V permit," shall pay to the Department of Environmental Quality an annual fee.(2) To facilitate the proper administration of the Title V program, the commission is authorized to assess and collect fees from any stationary source subject to the Title V program. The commission shall establish the amount of each fee to cover the costs of the Title V program as provided in Section 49-17-14. The commission is further authorized to promulgate such rules and regulations as are necessary for the development and administration of the Title V program and the assessment and collection of the Title V program fees.(3)(a) The fee schedule for Title V program fees shall be set annually by order of the commission in an amount sufficient to cover the reasonable costs of development and administration of the Title V program. The commission's order shall follow: (i) Receipt of the report and recommendations of the Advisory Council, if timely received; and(ii) A public hearing to be held not earlier than thirty (30) days following receipt by the commission of the report and recommendations of the Advisory Council.(b) The commission may proceed with entry of the order on fees if the Advisory Council fails to submit its report in a timely manner.(c) The order of the commission may be appealed in the manner set forth in Section 49-17-41.(d) The determination of the fee set by order of the commission shall not be considered the promulgation of a regulation by the commission.(e) The record of the public hearing shall be included in the record upon which the order is based and shall become a part of the appellate records for all appeals taken from the order of the commission establishing or modifying Title V program fees. Any undisputed amount due from an appellant must be paid according to the appellant's payment schedule during the pendency of the appeal.(4) Any person required to pay the Title V program fee set forth under this chapter who disagrees with the calculation or applicability of the person's fee may petition the commission in writing for a hearing in accordance with Section 49-17-35. Such hearing shall be in accordance with Section 49-17-33. Any disputed portion of the fee for which a hearing has been requested will not incur any penalty or interest from and after the receipt by the commission of the hearing petition. The decision of the commission may be appealed in the manner set forth in Section 49-17-41.(5) All fees collected pursuant to this section shall be deposited into the "Air Operating Permit Program Fee Trust Fund" established in Section 49-17-14.Laws, 1993, ch. 611, § 3; Laws, 2012, ch. 321, § 1, eff. 4/5/2012.Amended by Laws, 2020, ch. 352, HB 1028,§ 3, eff. 7/1/2020.