ENTITLED, An Act to
establish certain fees to provide for air quality permitting, inspecting, and
compliance services to ethanol production plants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That chapter
34A-1
be amended by adding thereto a NEW SECTION to read as
follows:
Ethanol production plants are exempt from the fees established in
§
34A-1-58, and, in lieu
thereof, are subject to the fees established by this section. Concurrent with the submittal of a
permit application pursuant to this chapter, the applicant for an air quality permit for an ethanol
production plant shall submit to the department an application fee of one thousand dollars. In
addition, the owner or operator of an ethanol production plant shall submit to the department an
annual fee for the duration of the air quality permit. The annual fee shall consist of an
administrative fee of one thousand dollars and an emissions fee in the amount of forty dollars per
ton of total suspended particulate matter, sulfur dioxide, nitrogen oxide, volatile organic
compounds, and hazardous air pollutants emitted to the air by the ethanol production plant during
the previous calendar year. The department shall give written notice of the amount of the fee to be
assessed and the basis for the assessment under this section to the owner or operator of the ethanol
production plant by June first of each calendar year. The annual fee shall accrue on July first of the
year after the permit is issued and annually thereafter. The annual fee is due and payable by July
thirty-first and shall be remitted to the Department of Revenue and Regulation along with such
forms as may be prescribed by the secretary of revenue and regulation in rules promulgated
pursuant to chapter 1-26. The fees shall be administered and used by the department in the same
manner as prescribed for other fees established in this chapter.