Section 129-6-009 - Emissions Fees009.01 The provisions of this section apply to any owner or operator of a major source subject to pay an annual emission fee for each ton of a regulated pollutant for fee purposes emitted to the air by the facility in accordance with Neb. Rev. Stat. § 81-1505.04. For purposes of this Chapter, a pollutant which may be regulated under more than one provision of this Title, need only be counted once.009.02 Any temporary source issued a Class I permit under this Chapter will pay an annual emission fee for emissions during the time period the source was located and operated in the State.009.03 Any owner or operator who fails to submit an annual emissions inventory report will pay an annual emission fee based on the source's potential to emit.009.04 An owner or operator will submit the fees to the Department by check, or other authorized transfer, and identify the fees as an air emissions fee payment. The fees will be due and payable on July 1 of each year. All fees paid in accordance with this Chapter will be non-refundable.009.05 Failure to submit the fees required by this Chapter, in addition to other relief allowed by law, will be cause for:009.05A Revocation of the source's Class I operating permit; and009.05B Assessment of a late payment fee of 20 percent of the payment due, which late payment fee will be increased by an additional 10 percent of the original payment due for each additional 30 day period that the payment is late. Late payment fees are due immediately upon receipt of notice of assessed fees.009.06 If the Department determines that the annual emission inventory report form is incomplete or inaccurate for the purposes of calculation of annual emission fees, the Department may require the owner or operator of a source to submit additional data or other information, as well as an explanation of the source's calculation. If such additional data or information changes the annual emission inventory report and results in the assessment of additional fees, such additional fees will be due within 30 days of notice of the assessment.129 Neb. Admin. Code, ch. 6, § 009
Adopted effective 9/28/2022