1. The fee for a mercury operating permit to
construct as required pursuant to NAC
445B.3611 to
445B.3689, inclusive, must
be determined as follows:
(a) For a mercury
operating permit to construct pursuant to a phase-1 application, the fee must
be determined in an amount, in dollars, that is equal to the amount calculated
by dividing 50,000 by the total number of stationary sources that conduct
precious metals mining and operate one or more thermal units that emit mercury
which submit a phase-1 application. The Director shall determine the total
number of stationary sources that conduct precious metals mining and operate
one or more thermal units that emit mercury to be charged pursuant to this
paragraph on or before August 16, 2006. Upon the determination of the total
number of stationary sources that conduct precious metals mining and operate
one or more thermal units that emit mercury, the Director shall notify the
applicant of the amount of the application fee. An applicant must pay the
entire fee when the applicant submits the application to the Director or within
30 days after receipt of the notification by the Director of the amount of the
application fee, whichever occurs later.
(b) For a mercury operating permit to
construct for a new or modified thermal unit that emits mercury or for a
revision of a mercury operating permit to construct, the fee is $5,000 for each
application. An applicant must pay the entire fee upon submission of the
application to the Director.
2. For a thermal unit that emits mercury
which is a roaster, autoclave, carbon reactivation kiln, mercury retort or
induction furnace, including a refining furnace or mill furnace and excluding
an analytical laboratory furnace, or that uses the process of electrowinning in
which mercury is recovered from a solution involving cathodes, anodes and
direct currents, the owner or operator of a stationary source that conducts
precious metals mining and operates one or more of such thermal units that emit
mercury must submit an annual maintenance fee for each thermal unit that emits
mercury. The annual maintenance fee must be determined as follows:
(a) For the fiscal year ending on June 30,
2008, the fee for each thermal unit that emits mercury must be determined in an
amount, in dollars, that is equal to the amount calculated by:
(1) Dividing 250,000 by the total number of
thermal units that emit mercury, as described in this subsection; and
(2) Pursuant to
NRS
445B.305, dividing 157,500 by the total
number of thermal units that emit mercury, as described in this subsection.
The Director shall determine the total number of thermal
units that emit mercury to be charged pursuant to this paragraph on or before
May 1, 2007.
(b)
For each fiscal year after the fiscal year ending on June 30, 2008, the fee for
each thermal unit that emits mercury must be determined in an amount, in
dollars, that is equal to the amount calculated by:
(1) Dividing 500,000 by the total number of
thermal units that emit mercury, as described in this subsection, which have
previously obtained a mercury operating permit to construct; and
(2) Except as otherwise provided in this
subsection, increasing the amount determined pursuant to subparagraph (1) by 2
percent compounded annually.
The Director shall determine the total number of thermal
units that emit mercury to be charged pursuant to this paragraph each year on
or before May 1 of the immediately preceding fiscal year. The Director may
suspend imposition of the increase required pursuant to subparagraph (2) for
any fiscal year.
3. The State Department of Conservation and
Natural Resources shall collect all fees required pursuant to this section not
later than July 1 of each year, except the fees required pursuant to
subparagraph (2) of paragraph (a) of subsection 2, which must be collected not
later than January 1, 2008.
4.
Except as otherwise provided in this subsection, the owner or operator of a
source who does not pay his or her annual fee installments within 30 days after
the date on which payment becomes due will be assessed a late penalty in the
amount of 25 percent of the amount of the fees due. The late penalty must be
paid in addition to the annual fees. The late penalty set forth in this
subsection does not apply if, at the time that the late fee would otherwise be
assessed, the owner or operator is in negotiations with the Director concerning
his or her annual fees.