The Director of the Department, in his or her discretion but consistent with Section 507(f) of the Clean Air Act Amendments of 1990, may, upon written petition setting forth in detail the justification therefore, reduce or waive for up to three years, any emissions fee required under this section to take into account the financial resources of small business stationary air pollution sources as defined under the federal act or regulations promulgated pursuant thereto. A decision to deny the waiver may be appealed to the Local Air Pollution Control Board by the party requesting the waiver and will be heard under the same procedures as any other decision that is appealed to this Board. If a waiver is granted, it will be reviewed by the Board in its annual review process and is then subject to revocation or modification by the Board if found to be unwarranted or granted in an arbitrary fashion. Such action will have no effect on prior years emissions fees and will only apply to the collection of future emissions fees.
(Ord. 2002-01, passed 2-11-02)