Current through Register Vol. 41, No. 3, September 23, 2024
A. Upon
determining that the owner owes an annual permit program emissions fee, the
department shall mail a bill for the fee to that owner no later than August 1
unless the governor determines that fees are needed earlier for Virginia to
maintain primacy over the program, as provided in §
10.1-1322B of
the Virginia Air Pollution Control Law.
B. Within 30 days following the date of the
postmark or electronic submittal on the bill, the owner shall respond in one of
the following ways:
1. The owner may pay the
fee in full.
2. The owner may pay
the fee in equal quarterly payments and shall pay one quarter of the fee. The
first payment shall be accompanied by a written statement that the second
quarter of the fee shall be paid no later than December 1 of the year of the
issuance of the bill, the third quarter of the fee shall be paid no later than
March 1 of the year following the issuance of the bill, and the fourth quarter
of the fee shall be paid no later than June 1 of the year following the
issuance of the bill. If an owner fails to pay a quarterly payment by the
deadline, the department may, in addition to other remedies available under the
law, issue to the owner a notice of failure to pay. The notice will require
payment of the entire remainder of the annual fee payment within 30 days of the
date of the notice, or inform the owner that the owner is ineligible to opt for
the quarterly payment schedule established in this subdivision until
eligibility is reinstated by written notice from the department, or
both.
3. The owner may request that
the fee amount be revised if the owner can document that the emissions estimate
on which the fee was based is in error. This request shall include appropriate
source identification data, the revised emissions estimate, the revised fee
amount, adequate supporting documentation, and other information as the
department may require. The owner shall file the request with the appropriate
regional office in a form acceptable to the department. If the department
approves the request, the revised fee amount shall be paid in one of two ways:
a. In full within 30 days of the date of
approval; or
b. In quarterly
payments, with the first payment being paid within 30 days of the date of
approval and the other payments being paid according to the schedule set out in
subdivision 2 of this subsection.
C. The annual permit program emissions fee
shall be paid by check, draft, or money order made payable to the Treasurer of
Virginia and mailed to the address specified by the department.
Statutory Authority: §
10.1-1308 of the Code of
Virginia.
