Permit Application Penalty Holiday Established by the AQMD
by Kyndra Joy Casper
Due to the current economic challenges facing businesses and local governments in Southern California, the AQMD adopted Rule 310, Amnesty for Unpermitted Equipment on March 5, 2010. The new rule provides a temporary opportunity to obtain permits for equipment that should have permits without incurring late fees or violations penalties when certain conditions are met. The penalty holiday will last for six months, from February 5, 2010-August 4, 2010.
All facilities, other than federal Title V sources, operating a piece of equipment without a permit are eligible to participate in the program. Title V facilities may participate only for small equipment operating without a permit. However, if a facility has received a Notice of Violation or a Notice to Comply from the AQMD for an unpermitted piece of equipment or turned in a permit application prior to February 5, 2010, that facility is not eligible for the amnesty.
Although a facility is safe from late fees and violation penalties, it still must pay the regular permitting fee and comply with all other applicable air quality rules and regulations.
Basically, this rule allows facilities to permit equipment that already should have been permitted without the risk of late fees of violation penalties. The AQMD estimates that cost savings could range from about $900 for small equipment, to about $5,300 for larger equipment.
A similar program was offered by the AQMD in 1990 and in 1995, bringing in over 600 permits in a six-month period, mostly from small businesses.
If you would like to view the rule of the rule fact sheet, click on the following links http://www.aqmd.gov/rules/reg/reg03/r310.pdf and http://www.aqmd.gov/news1/2010/PAPHfactsheetu.pdf .
For more information, please contact Kyndra Joy Casper. Ms. Casper is an associate in the Real Estate, Land Use and Environmental Practice Group in the firm's Los Angeles office.
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