Public Hearing Notices

COUNTY OF SAN DIEGO

AIR POLLUTION CONTROL DISTRICT

NOTICE OF PUBLIC HEARING

NOTICE, pursuant to State of California Health and Safety Code Sections 40725 and 42311, is hereby given of a public hearing on April 25, 2018, at 9:00 a.m., before the Air Pollution Control Board (Board) of the County of San Diego, in Room 310, County Administration Center, 1600 Pacific Highway, San Diego, California, for the purpose of receiving public comments on and considering the adoption of proposed amendments to Rule 40 – Permit and Other Fees and Rule 42 – Hearing Board Fees of the San Diego County Air Pollution Control District (District).

Federal law requires the District to adopt fees to recover the full cost of issuing federally mandated permits to major stationary sources of air pollutant emissions.  State law authorizes the District to adopt fees to recover the full costs of District programs related to stationary sources that are not otherwise funded, provided total permit fee revenues (collected from all permit fees) do not increase by more than 15%.  Board policy requires the District to recover the full cost of fee-supported services.

The proposal meets those requirements and is the result of a comprehensive analysis of District services provided to business customers and the costs to provide those services.  The results indicate a fee adjustment is necessary to maintain compliance with cost recovery requirements.

If adopted, the proposed amendments to Rules 40 and 42 will take effect on July 1, 2018, and are projected to increase the District's total annual fee revenue by $173,000 (2%).

The Board may consider modifications to the proposal, which may be deemed appropriate.  Written comments are also invited.  Comments should be addressed to:

Robert Reider, Deputy Director

San Diego County Air Pollution Control District

10124 Old Grove Road, San Diego, CA  92131

Copies of the proposed amendments to Rules 40 and 42 may be examined or obtained at the District's headquarters, 10124 Old Grove Road, San Diego, CA 92131, or by visiting the District's website at http://www.sdapcd.org/content/sdc/apcd/en/Rule_Development/Public_Hearings.html.  Specific information with respect to this matter may be obtained by calling Renee Loewer at (858) 586-2607 or Robert Reider at (858) 586-2640.

NOTICE OF PUBLIC HEARING

(Including a Summary of Proposed Ordinance)

NOTICE IS HEREBY GIVEN that on April 18, 2018 and April 25, 2018 the Board of Supervisors will introduce and consider for adoption an ordinance to adjust Department of Environmental Health fees and emergency response cost recovery authorities, for County fiscal year  2018-2019, to apply until further amended.  The ordinance would also clarify the applicability of some state-law-based DEH regulatory programs to the State of California.  A summary is provided below.  The title of the ordinance is as follows:

"An Ordinance Amending Title 6 of the County Code of Regulations to Adjust Department of Environmental Health Regulatory Program Fees, to Recover Complaint Response Costs Directly from Violators, and to Improve the Recovery of Emergency Response Costs from Responsible Parties”

HEARING INFORMATION:

Date:               April 18, 2018

Time:               9:00 a.m.

Location:         County Administration Center, Room 310 1600 Pacific Highway, San Diego, CA 92101

Date:               April 25, 2018

Time:               9:00 a.m.

Location:         County Administration Center, Room 310

1600 Pacific Highway,

San Diego, CA 92101

SUMMARY OF ORDINANCE:    

This ordinance would adjust DEH regulatory program permit fees and other fees to incorporate recent and anticipated changes in program costs, including increased labor costs.  It would also establish authority for DEH to directly recover, from responsible parties, the staff time costs of responding to complaints and referrals of suspected violations of regulatory programs administered by DEH.  This authority would apply only in cases where complaints or referrals are substantially validated.  Some, but not all DEH programs already have such cost recovery fees in place.  Enforcement costs recovered through these direct fees would no longer be incorporated into DEH permit fees.

The ordinance would also combine, amend and recodify existing County Code provisions for the recovery of costs and expenses for emergency response activities, and would provide for administrative and judicial appeals of invoices issued to recover such costs.  These revisions would implement State law.  The ordinance would also amend County Code definitions, where applicable, to clarify that some state-law-based DEH regulatory programs are applicable to the State. 

ENVIRONMENTAL REVIEW:  Staff are recommending that the Board of Supervisors find that the proposed ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 21080(b)(8) of the California Environmental Quality Act (CEQA) and 15273(a) of the CEQA Guidelines, because these modifications to fees and charges are necessary to meet operating expenses. 

GENERAL INFORMATION: A copy of the full text of the Ordinance is posted at the Office of the Clerk of the Board of Supervisors, Room 402 of said County Administration Center.  For additional information regarding this proposal, please contact Amy Harbert at telephone number (858) 505-6672.

This public hearing is accessible to individuals with disabilities.  If interpreter services for the hearing impaired are needed, please call the hearing secretary at (619) 531-5600 or California Relay Service, if notifying by TDD, no later than seven (7) days prior to the scheduled hearing.