Notice of Public Hearing

SUBJECT: Notice of Public Hearing to Consider Amendments to Rule 304, Plan Fees.
Establishing a Fee Schedule for the Naturally Occurring Asbestos (NOA) Program

The Board of Directors of the Sacramento Metropolitan Air Quality Management District (SMAQMD) will conduct a public hearing on Thursday, March 24, 2005 at 9:30 a.m. in Room 1450 (Board of Supervisors Chambers), County Administration Building, 700 H Street, Sacramento, California. The purpose of the hearing is to consider the adoption of amendments to SMAQMD Rule 304—Plan Fees. This rule affects builders, contractors, graders and others who perform work that disturbs the ground in NOA areas in eastern Sacramento County.

The state's Asbestos Airborne Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations requires the SMAQMD to review and approve asbestos dust mitigation plans, geologic evaluations, and to inspect sites to ensure the plans and ATCM are being followed. At this time, the District has no way of recovering costs associated with the program requirements. Staff is proposing to amend the plan fee rule to establish a fee schedule for the NOA program.

The proposed fee schedule is as follows:

• Dust Mitigation Plan (DMP) review and project inspection: $350 review fee plus $20 per acre inspection fee. If inspection and related activities require more than 18 hours per 100 acres, a rate of $116/hour applies.
• Geologic evaluation review: $450.
• Inspection rate of $116/hour applies when an inspection is conducted on a project not submitting a DMP, including those that have submitted a geologic evaluation or are smaller than one (1.0) acre. For projects of one acre or less, this fee will take effect one year from the rule adoption date.
• If the project size increases from the acreage stated in the DMP, the increase in acreage is subject to the per-acre inspection fee.
• The cost of additional sampling or analysis deemed necessary by the Air Pollution Control Officer (APCO) shall be charged to the applicant.
• NOA fees may be adjusted annually to change with the Consumer Price Index (CPI).
• In cases of financial hardship, a conference with the Air Pollution Control Officer may be requested to discuss a waiver of fee payment.

The proposed rule amendments (PDF 24 Kb) and the staff report (PDF 36 Kb) may be downloaded and may also be viewed at the District office. By this notice, all interested parties are specifically requested to testify on the proposed amendments to the rule. Oral and written testimony may be directed to the Board of Directors at the public hearing on March 24, 2005, or to the Sacramento Metropolitan Air Quality Management District, 777 12th Street, 3rd Floor, Sacramento, CA 95814, ATTENTION: Jamie Wilson (916) 874-4838.