(a) (1) The Department, by regulation, shall require and collect a fee for each permit issued under § 2–401 of this subtitle.
(2) In adopting the regulations under this section, the Department shall consult with industry to determine that the permit fee is reasonable and directly related to the actual cost of the permitting and regulatory activity, and does not exceed a certain dollar amount.
(b) (1) The amount of the fees shall cover:
(i) The reasonable cost of reviewing and acting on the application for the permits;
(ii) The reasonable costs incurred in implementing and enforcing the terms and conditions of the permits, exclusive of any court costs or other costs associated with any enforcement actions; and
(iii) The costs identified in § 502(b)(3) of the Clean Air Act Amendments of 1990.
(2) Fees assessed and collected under this section shall be used exclusively for the development and administration of the permit program under this subtitle.
(c) (1) The fee established under this section may not exceed:
(i) $50 per ton of regulated emissions; and
(ii) $500,000 for any single source in calendar years 2008 and 2009.
(2) For purposes of calculating fees under this section, carbon dioxide emissions shall be excluded.
(3) The fee established under this section may be adjusted to reflect changes in the Consumer Price Index, as authorized by 40 C.F.R. Part 70 (Operating Permit Program).
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