Delaware Code Title 7 Sec. 6097 – Fees
(a) The Department shall collect an annual fee from sources that are required to obtain a Title V Operating Permit pursuant to the Title V Program and from sources who voluntarily limit their potential to emit to below Title V applicability thresholds as set forth in § 6095 of this title (i.e., a synthetic minor facility). The annual fees shall be utilized solely to pay for all direct and indirect costs required to develop, administer and implement the Program.
(b) The fee schedule must result in the collection and retention of revenues sufficient to cover the permit program costs. These costs include, but are not limited to, the costs of the following activities, as they relate to the operating permit program for stationary sources: preparing generally applicable regulations or guidance documents regarding the permit program or its implementation or enforcement; reviewing and acting on any application for a permit, permit revision or permit renewal, including the development of an applicable requirement as part of the processing of a permit or permit revision or renewal; general administrative costs of implementing the permit program, including the supporting and tracking of data; implementing and enforcing the terms of any Title V Operating Permit (not including any court costs or other costs associated with an enforcement action), including adequate resources to determine which sources are subject to the program; emissions and ambient monitoring; modeling; preparing inventories and tracking emissions; and supporting the ombudsman established pursuant to the Small Business Stationary Source Technical and Environmental Compliance Program (“SBTCP”) to assist sources covered by the SBTCP in determining and meeting their obligations under the Title V Operating Permit Program.
(c) The Department shall collect annual fees, payable annually or in 2 installments, as set forth in subsection (i) of this section, during calendar years 2021, 2022, and 2023, from each source that is required to pay the annual fee as set forth in subsection (a) of this section. The annual fee for each subject source will be determined by the sum of 3 component fees: a base fee as set forth in subsection (d) of this section, a user fee as set forth in subsection (e) of this section, and a program fee as set forth in subsection (g) of this section. For any source that becomes subject to the Program after December 31, 2020, the base fee, user fee, and program fee shall be calculated as set forth in subsections (f) and (h) of this section.
(d) (1) The base fee relates to services that are common to all sources subject to the program. These services include activities such as permit issuance and renewals; stationary source regulation development; ambient monitoring; emission inventory; control strategy development; and administration of the Small Business Stationary Source Technical and Environmental Compliance Program.
(2) In calendar years 2021, 2022, and 2023, the Department will place each subject source into 1 of the following categories:
| Category A | Greater than 6,000 hours will pay $277,020 |
| Category B | from 5,001 to 6,000 hours will pay $108,300 |
| Category C | from 4,001 to 5,000 hours will pay $93,480 |
| Category D | from 3,001 to 4,000 hours will pay $80,940 |
| Category E | from 2,001 to 3,000 hours will pay $57,000 |
| Category F | from 1,501 to 2,000 hours will pay $42,180 |
| Category G | from 1,001 to 1,500 hours will pay $28,500 |
| Category H | from 667 to 1,000 hours will pay $18,240 |
| Category I | from 334 to 666 hours will pay $9,120 |
| Category J | up to 333 hours will pay $5,700. |