RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA May, 21, 2013

Transcription

1 RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA May, 21, 2013 WHEREAS, the Health Care Agency is proposing to update the Environmental Health Division fee schedule, and WHEREAS, the Food and Pool Services Program fees for food handling businesses, hotels/motels, organized camps, public swimming pools and other establishments, are authorized by Health and Safety Code sections et seq. (State Housing Law), et seq., and et seq. (California Retail Food Code), and section of the Codified Ordinances of the County of Orange, and WHEREAS, the Hazardous Waste/Materials Management fees are authorized by Division 20, Chapters 6.5, 6.11, and 6.95 of the Health and Safety Code and fees for Storage Tanks are authorized by Division 20, Chapters 6.67, 6.7, and 6.11 of the Health and Safety Code, and WHEREAS, the Medical Waste Management Program fees that provide for the regulation handling, storage, and disposal of medical and infectious waste materials are authorized by Health and Safety Code sections and et seq. (Safe Body Art Act), and Article 1 of Division 12 of Title 4 of the Codified Ordinances of the County of Orange, and WHEREAS, the Body Art Program fees are authorized by Health and Safety Code section et seq. (Safe Body Art Act) and Article 1 of Division 12 of Title 4 of the Codified Ordinances of the County of Orange, and WHEREAS, the Health Care Agency Solid Waste Program is designated by the Board of Supervisors and the cities of Orange County and is certified by the California Integrated Waste Management Board as the Solid Waste Local Enforcement Agency for Orange County; and WHEREAS, the Solid Waste Program fees are authorized by Health and Safety Code section Environmental Health Fees Page 1 of 19 HCA ASR Page 1 of 19

2 and Public Resources Code sections and 43222, and WHEREAS, Water Code section requires the adoption of local well ordinances in jurisdictions where the Regional Water Quality Control Board determines that the ordinance is necessary for the protection of local ground water, and WHEREAS, the Regional Water Quality Control Board with jurisdiction over Orange County made this determination in 1971, and WHEREAS, the County of Orange has operated an inspection program for the construction, reconstruction and destruction of wells, as defined since 1972 by sections through of the Codified Ordinances of Orange County, and WHEREAS, Health and Safety Code sections through authorize the regulation of cross-connection hazards within premises where the public may be exposed to contaminated drinking water and maintain a certification program for cross-connection (backflow prevention) device testers, and WHEREAS, Health and Safety Code sections and authorize the regulation of State Small Water Systems, and WHEREAS, Health and Safety Code section authorizes the director of environmental health to mitigate the threat of contamination of waters used for water contact sports associated with an unauthorized discharge of waste into waters of the state, and WHEREAS, Health and Safety Code sections through authorize the regulation of Liquid Waste Haulers, and NOW, THEREFORE, BE IT RESOLVED that this Board finds that the fees listed herein are for the purpose of meeting operating expenses and are, therefore, statutorily exempt from the California Environmental Quality Act (CEQA) in accordance with Public Resources Code section 21080, subdivision(b)(8) and CEQA Guidelines section Environmental Health Fees Page 2 of 19 HCA ASR Page 2 of 19

3 BE IT FURTHER RESOLVED that effective July 1, 2013, this Board hereby establishes Environmental Health Division fees, and hereby rescinds Resolution No dated June 19, 2012, as follows: FOOD AND POOL PROGRAM (1) FOOD FACILITY/Restaurant: Annual Fee Seating capacity of: Less than 31 persons $ to 60 $ to 100 $ to 150 $ to 200 $ and over $ 925 (2) FOOD FACILITY/On-Sale Bar: Seating capacity of: Less than 61 persons $ to 100 $ and over $ 518 (3) FOOD FACILITY/Catering: Less than 2,000 square feet $ 521 2,000 to 5,999 square feet $ 629 6,000 square feet or more $ 659 (4) FOOD FACILITY /Retail Market: Meat Market: Less than 2,000 square feet $ 679 2,000 square feet or more $ 732 Retail Grocery/Supermarket: Less than 2,000 square feet $ 543 2,000 to 5,999 square feet $ 742 6,000 to 29,999 square feet $ 1,002 30,000 square feet or more $ 1,072 Supermarket/Bakery (combination): Less than 6,000 square feet $1,192 6,000 to 29,999 square feet $1,215 30,000 square feet or more $1,258 Environmental Health Fees Page 3 of 19 HCA ASR Page 3 of 19

4 Prepackaged Food Market/Minimal Open Food/Packaged Food Salvager: Less than 2,000 square feet $ 197 2,000 square feet or more $ 271 Seasonal Food Facilities/ Shared Kitchen Dependent $ 223 Cottage Food Class A $ 92 Cottage Food Class B $ 350 Retail Bakery: Less than 2,000 square feet $ 583 2,000 square feet or more $ 805 Centralized Utensil Washing Station $ 186 (5) FOOD FACILITY / School Cafeteria: Prepackaged food $ 122 Unpackaged or repackaged food $ 521 (6) FOOD FACILITY / Hospital and Skilled Nursing Kitchens: Facilities with: Less than 61 Beds $ to 100 Beds $ to 150 Beds $ to 200 Beds $ 892 Over 200 Beds $ 970 (7) FOOD FACILITY /Warehouse/ Commissary/Processing: Prepackaged Food Warehouse/Commissary Establishment, including for vehicles: Less than 2,000 square feet $ 193 2,000 to 5,999 square feet $ 270 6,000 to 29,999 square feet $ ,000 square feet or more $ 307 Unpackaged Food Processing/Commissary Establishment, including for vehicles: Less than 2,000 square feet $ 537 2,000 to 5,999 square feet $ 861 6,000 to 29,999 square feet $1,118 30,000 square feet or more $1,360 Environmental Health Fees Page 4 of 19 HCA ASR Page 4 of 19

5 USDA Plants: Less than 2,000 square feet $ 267 2,000 to 5,999 square feet $ 488 6,000 square feet or more $ 662 (8) FOOD FACILITY /Wholesale Bakery: Less than 2,000 square feet $ 705 2,000 to 5,999 square feet $ 1,025 6,000 to 29,999 square feet $ 1,386 30,000 square feet or more $ 1,521 (9) CERTIFIED FARMERS MARKET/FARM STANDS $ 224 (10) MOBILE FOOD FACILITIES: Prepackaged, Non-PHF, Frozen Novelties - Non-occupied MFF s/ Mobile Support Units without plumbing & refrigeration $ 128 Prepackaged Frozen Novelties Occupied MFF/ Prepackaged PHF Non-occupied MFF $ 184 Prepackaged PHF MFF / Prepackaged Non-PHF Occupied MFF / Fish & Whole Aquatic Invertebrates $ 327 Unpackaged Non-PHF MFF / Mobile Support Units $ 308 Unpackaged PHF MFF $ 590 MFF described in H&S Code that are under Permit on 6/30/2007/ MFF with only hot dog steaming or boiling $ 350 Short Term Permit for any of the above Charge 25% of Annual (90 days or less) Fee or $50, whichever is greater One time per year inspected mobile food facilities, regardless of entry date that constitutes the start of the business, must pay the full annual fee and will not be prorated. (11) VENDING MACHINES $ 97 (12) ICE PLANT $ 265 (13) PACKING SHED $ 317 (14) OFF-SITE FOOD SALES $ 179 (15) NON-PROFIT CHARITABLE ORGANIZATION (Includes SENIOR FEEDING) $ 178 Environmental Health Fees Page 5 of 19 HCA ASR Page 5 of 19

6 (16) SATELLITE FOOD SERVICE: All Prepackaged Food $ 186 All Unpackaged Food $ 343 (17) COMMERCIAL TEMPORARY FOOD FACILITY: Per Event: Event Coordinator $ 156 Beer Trailer, Prepackaged Food Category 1 $ 56 Unpackaged Food Category 2 $ 108 On-going Event: Prepackaged Food Category 1, Swap Meet $ 95 Unpackaged Food Category 2 $ 153 (18) ORGANIZED CAMPS $ 246 (19) HOTEL/MOTEL: Establishment size: 6 to 10 Rooms $ to 50 Rooms $ to 100 Rooms $ to 250 Rooms $ to 500 Rooms $ or more Rooms $ 863 (20) BED AND BREAKFAST: $ 168 (21) HOTEL/MOTEL COMPLIMENTARY FOOD: Limited Unpackaged Food $ 441 Limited Packaged Food $ 184 (22) FOOD FACILITY AND PUBLIC POOL NOTICE $ 305 OF VIOLATION (23) PUBLIC SWIMMING POOL (Non-Government): Public swimming and spa pools, including $ 305 two spas on common circulation system BE IT FURTHER RESOLVED that the hourly rate for items and activities not specifically listed under Food and Pool Program shall be $ for each hour charged at a rate of $ per Environmental Health Fees Page 6 of 19 HCA ASR Page 6 of 19

7 quarter hour or fraction thereof during normal work hours. These items and activities include but are not limited to: Limited Food Demonstration/Trade Shows, Food Facility Re-inspection: 2 nd or greater, Hotel/Motel Re-inspection, Public Swimming & Spa Pools Re-inspection, and Massage Inspections. BE IT FURTHER RESOLVED that any facility that operates without a valid permit shall be subject to penalty not to exceed three times the cost of the permit. FOOD AND POOL PLAN CHECK PROGRAM (1) NEW FOOD FACILITY PLAN CHECK AND Per Permit Application CONSTRUCTION INSPECTION: Food Facility /Restaurant, Bar, School Cafeteria and Hospital Kitchen: Premises under 2,000 square feet $1,271 Premises 2,000 to 5,999 square feet $1,615 Premises 6,000 to 29,999 square feet $1,722 Premises 30,000 square feet or more $2,104 Food Processing Establishment, Retail Unpackaged Food Store, Wholesale and Retail Bakery and Unpackaged Food Commissary: Premises under 2,000 square feet $1,296 Premises 2,000 to 5,999 square feet $1,488 Premises 6,000 to 29,999 square feet $1,964 Premises 30,000 square feet or more $2,118 All Prepackaged Retail Food Store, Prepackaged Vehicle Commissary: Per Permit Application Premises under 2,000 square feet $ 705 Premises 2,000 to 5,999 square feet $ 758 Premises 6,000 to 29,999 square feet $ 865 Premises 30,000 square feet or more $ 967 Food Vehicle/Cart $ 238 Satellite Food Service: All Prepackaged Food $ 301 Unpackaged Food $ 692 Environmental Health Fees Page 7 of 19 HCA ASR Page 7 of 19

8 (2) EXISTING FOOD FACILITY REMODEL PLAN CHECK AND CONSTRUCTION INSPECTION: Area of remodel: Under 101 square feet $ to 1,000 square feet $ 715 1,001 square feet and over $1,425 (3) PUBLIC POOL PLAN CHECK AND CONSTRUCTION INSPECTION, Each: Swimming Pool: 75,000 gallons or less $1,189 Greater than 75,000 gallons $1,358 Spa Pool $ 923 Water Slide $1,210 Special Use Pool $1,121 Wading Pool $ 551 (4) Pool Remodel (one-half of initial fee above, rounded to nearest dollar) BE IT FURTHER RESOLVED that the hourly rate for items and activities not specifically listed under Food and Pool Plan Check Program shall be $ for each hour charged at a rate of $ per quarter hour or fraction thereof during normal work hours. These items and activities include but are not limited to: Plan Check 3 rd Revision or more, Plan Check 3 rd Preliminary Inspection or more, Plan Check Follow-up to Final Inspections, 2 nd or greater, and Plan Check Consultation. HAZARDOUS MATERIALS MANAGEMENT PROGRAM (1) HAZARDOUS WASTE GENERATOR (based on number of employees on site) Annual Fee 1 10 Employees $ Employees $ Employees $ Employees $ Employees $1,418 Environmental Health Fees Page 8 of 19 HCA ASR Page 8 of 19

9 Employees $2, Employees $2,571 (2) SPECIAL GENERATOR $ 193 DEFINITION: A Special Generator is a facility, regardless of the number of employees on site, that generates only one of the following: (a) Less than 55 gallons of waste oil in a 90-day period, and/or used waste oil/fuel filters; (b) Less than 55 gallons of petroleum-based solvent in a 90-day period; (c) Less than 55 gallons of water-based cleaners in a 90-day period; (d) Photographic waste containing silver and/or silver compounds; In addition, a Special Generator is a facility that generates Universal Waste (batteries, thermostats, electronic waste, and fluorescent lamps) and Recyclable Materials (managed in accordance with Section of the Health and Safety Code), and generates this waste either alone or in combination with the waste streams listed above in (a), (b), (c), and (d). A special generator also includes a retail clothing, make-up, grocery, or drugstore facility that has hazardous waste due to expired and/or damaged products. (3) HAZARDOUS WASTE REINSPECTION, Second and Subsequent Hourly Rate: $112 for each hour charged at a rate of $28.00 per quarter hour or fraction thereof. (4) TIER PERMIT: ON-SITE TREATMENT Permit By Rule Conditionally Authorized Conditionally Exempt $ 1,742 per facility $ 1,217 per facility $ 295 per facility (5) UNDERGROUND STORAGE TANK Annual Fee PERMIT TO OPERATE per Underground Storage Tank $544 Environmental Health Fees Page 9 of 19 HCA ASR Page 9 of 19

10 VAULTED TANK INSPECTION FEE Annual Fee Per Tank $255 PLAN CHECK TANK INSTALLATION (a) For the first five (5) hours $572 (b) Each additional hour after five hours $113 for each hour charged at a rate of $28.25 per quarter hour or fraction thereof. PLAN CHECK TANK REMOVAL/CLOSURE (a) For the first five (5) hours $337 (b) Each additional hour after five hours $113 each hour charged at a rate of $28.25 per quarter hour or fraction thereof. PLAN CHECK TANK MODIFICATION (a) For the first five (5) hours $449 (b) Each additional hour after five hours $113 for each hour charged at a rate of $28.25 per quarter hour or fraction thereof. Approval of the underground storage tank plan referenced in above, is valid for twelve (12) months. Expiration of the twelve (12) month period invalidates approval and requires re-submittal of plan and fee(s). UNDERGROUND STORAGE TANK PLAN RE-REVIEW, Second and Subsequent Hourly Rate: $112 for each hour charged at a rate of $28.00 per quarter hour or fraction thereof. UNDERGROUND STORAGE TANK REINSPECTION, Second and Subsequent Hourly Rate: $112 for each hour charged at a rate of $28.00 per quarter hour or fraction thereof. Environmental Health Fees Page 10 of 19 HCA ASR Page 10 of 19

11 (6) CALIFORNIA ACCIDENTAL RELEASE PREVENTION (CalARP) Base Fee Program Level 1 for the first three (3) hours Program Level 2 - for the first ten (10) hours Program Level 3 - for the first fifteen (15) hours $ 380 per facility $ 1,267 per facility $ 1,900 per facility Each additional hour after initial hours $127 for each hour charged at a rate of $31.75 per quarter hour or fraction thereof DEFINITION: CalARP facilities are responsible for producing a risk management plan and implementing an accidental release prevention program, pursuant to Division 12, Chapter 6.95 of the Health and Safety Code. A base fee is to be charged to each CalARP facility. Any additional time will be billed as an hourly rate fee. (7) HAZARDOUS MATERIALS DISCLOSURE PROGRAM 1-4 Chemicals $ Chemicals $ Chemicals $ Chemicals $ Chemicals $ 442 (8) ABOVEGROUND PETROLEUM STORAGE TANK (APST) 1,320 9,999 gallons $ 45 10,000 gallons or greater $282 Agricultural/Construction 20,000 gallons $ 15 (9) SITE CLEANUP OVERSIGHT Hourly Rate: During normal work hours: $ for each hour charged at a rate of $40.00 per quarter hour or any fraction thereof During other hours (including weekends and County recognized holidays): $ for each hour charged at a rate of $60.00 per quarter hour or fraction thereof. Environmental Health Fees Page 11 of 19 HCA ASR Page 11 of 19

12 DEFINITION: Site Cleanup Oversight A fee is assessed to a person, as defined in the Health and Safety Code sections 25118, 25281(l), or , subdivision (a)(2), who releases, causes the release, or is responsible for the cleanup of release of a hazardous substance, as defined in Health and Safety Code sections 25281, subdivision (h), or 25316, at an unauthorized point that causes the Health Care Agency to oversee the assessment and/or remediation of contamination. Oversight activities shall include, but not be limited to, the review of site assessment reports and cleanup proposals, on-site sampling and cleanup activities, meetings and phone calls with authorized consultants, and the review and approval of closure proposals. BE IT FURTHER RESOLVED that a surcharge in an amount determined by the State will be assessed to all facilities regulated within the Hazardous Materials Management Program addressed by this resolution, on behalf of the State, pursuant to Health and Safety Code section , subdivision (b). BE IT FURTHER RESOLVED that the hourly rate for items and activities not specifically listed above under Hazardous Materials Management Program shall be during normal work hours: $ for each hour charged at a rate of $28.00 per quarter hour or fraction thereof. These items and activities include but are not limited to; Inspections, Re-inspections, Consultations and Evaluations. BE IT FURTHER RESOLVED that administrative enforcement order penalties will be assessed pursuant to Health and Safety Code section and Title 22 of the California Code of Regulations sections through MEDICAL WASTE MANAGEMENT PROGRAM (part of Hazardous Materials Management Program) FACILITIES WITHOUT MEDICAL WASTE TREATMENT UNITS ON SITE: Annual Fee (1) Acute Care Facility: 1-99 beds $1, beds $1, beds $1,645 Environmental Health Fees Page 12 of 19 HCA ASR Page 12 of 19

13 251 + beds $1,655 (2) Skilled Nursing Facility $ 551 (3) Large Quantity Generators $ 394 (4) Common Storage Facility Generator: 2-10 generators $ generators $ generators $ 609 (5) Small Quantity Generator $ 45 FACILITIES WITH MEDICAL WASTE TREATMENT UNITS ON SITE: (6) Acute Care Facility: 1-99 beds $1, beds $1, beds $2, beds $2,520 (7) Other Facilities: 1 Treatment Unit $ Treatment Units $ Treatment Units $1, Treatment Units $2, Treatment Units $5,696 LIMITED QUANTITY HAULING EXEMPTION CERTIFICATE: (8) 1-4 Persons $ 25 plus an additional $5 for each person up to a maximum additional fee of twenty five dollars ($25). BODY ART PROGRAM (9) Body Art Facilities $ 377 Permit Fee (10) Temporary Body Art Facilities $ 144 (11) Body Art Practitioner Registration $ 39 (12) Body Art Facility Plan Check $ 376 Environmental Health Fees Page 13 of 19 HCA ASR Page 13 of 19

14 HOURLY RATE for, consultation, inspection, evaluation and/or responses to spills or illegal disposal activities not specifically listed above under Medical Waste Management Program shall be $ per hour, charged at a rate of $28.00 per quarter hour or a fraction thereof. SOLID WASTE MANAGEMENT PROGRAM (1) LARGE VOLUME TRANSFER/PROCESSING FACILITIES: Routine Monthly Inspections: Annual Fees 100 to 1,000 tons $ 9,064 1,001 to 2,000 tons $11,680 2,001 to 3,000 tons $14,730 3,001 to 4,000 tons $17,808 4,001 to 5,000 tons $19,039 5,001 to 6,000 tons $22,766 (2) CONSULTATION Hourly Rate: $ Per Hour, charged at a rate of $28.50 per quarter hour or a fraction thereof DEFINITION: A consultation fee may be charged to developers, landowners, cities, local agencies or other parties for services pertaining to land development adjacent to current or former landfill operations; and to owners/operators for a new permit or permit category change. (3) CONSULTANT SUBCONTRACTOR Actual Cost DEFINITION: A Consultant Subcontractor is a firm hired by the Health Care Agency to provide environmental or engineering services, often pertaining to land development, adjacent to current or former landfill operations. Actual costs for these services may be charged to developers, landowners, cities, local agencies or other parties. BE IT FURTHER RESOLVED that the hourly rate for items and activities not specifically listed above under Solid Waste Management Program shall be $ per hour charged at a rate of $28.50 per quarter hour or fraction thereof, during normal work hours. These items and Environmental Health Fees Page 14 of 19 HCA ASR Page 14 of 19

15 activities include but are not limited to; Consultations, Inspections, Re-inspections, Evaluations, New Permits, Permit Revisions, Other Non-Disposal Facility Routine Inspections, 5-Year Permit Review, and Enforcement. WATER QUALITY PROGRAM (1) CROSS CONNECTION PROGRAM Annual Fee Hospitals and Nursing Homes Under 10,000 sq. ft. $ ,000 to 29,999 sq. ft. $ ,000 to 99,999 sq. ft. $ ,000 sq. ft. and greater $ 204 Industrial and Commercial Facilities Under 10,000 sq. ft. $ ,000 to 29,999 sq. ft. $ ,000 to 99,999 sq. ft. $ ,000 sq. ft. and greater $ 219 Hotels and Motels Under 10,000 sq. ft. $ ,000 to 29,999 sq. ft. $ ,000 to 99,999 sq. ft. $ ,000 sq. ft. and greater $ 223 Food Processing Plants Under 10,000 sq. ft. $ ,000 to 29,999 sq. ft. $ ,000 to 99,999 sq. ft. $ ,000 sq. ft. and greater $ 289 (2) BACKFLOW PREVENTION DEVICE TESTER PROGRAM Biennial Fee Practical Proficiency Exam for Tester Certification (2 yr certificate) $ 165 Tester List and Field Monitoring (2 year list) $ 110 (3) WELL PROGRAM Permit Fee Construction/Reconstruction Permit: Water Well $ 683 Cathodic Well $ 593 Monitoring Well (Initial) $ 378 Environmental Health Fees Page 15 of 19 HCA ASR Page 15 of 19

16 Each Additional Monitoring Well (at same site) $ 181 Probe Survey $ 419 Destruction Permit $ 126 (4) STATE SMALL WATER SYSTEMS Annual Fee State Small Water Systems $ 504 (5) LIQUID WASTE VEHICLE: Annual Fee Liquid Waste Vehicle $361 Person(s) carrying on or engaging in the business of cleaning septic tanks, chemical toilets, cesspools, or seepage pits, grease traps, or disposing of cleanings there from. BE IT FURTHER RESOLVED that the hourly rate for contracted services inspections, reinspections, consultation, and/or evaluation not specifically listed above under Water Quality Program shall be $ per hour during normal work hours, charged at a rate of $27.50 per quarter hour or fraction thereof. SEWAGE SPILL/ BEACH CLOSURE RESPONSE $ Per Hour, charged at a rate of $25.25 per quarter hour or a fraction thereof, during normal business hours $ Per Hour, charged at a rate of $37.88 per quarter hour or a fraction thereof during other hours (including weekends and County recognized holidays) BE IT FURTHER RESOLVED that an applicant shall be assessed a late charge if a well permit is not obtained prior to the date construction commences. Late charges shall be equal to twentyfive (25%) of the applicable fee, rounded to the whole dollar. BE IT FURTHER RESOLVED that any hourly rate fees listed in this resolution shall be charged, during hours other than normal business hours (including weekends and County recognized holidays), at a rate of one and a half times the established hourly rate for that program, unless specified otherwise, rounded up to the nearest quarter dollar, and charged per quarter hour or fraction thereof. Environmental Health Fees Page 16 of 19 HCA ASR Page 16 of 19

17 BE IT FURTHER RESOLVED that any fee listed above as an annual fee, fees for year-round operations or re-issuance of a revoked permit (which would exclude single events or temporary events), when the initial application is made for an activity commencing during any fiscal year, fees shall be due according to the anniversary date established at the discretion of the Health Care Agency. The billing period shall begin the first day of the month established at the discretion of the Health Care Agency. If the month of activity commencement is other than the anniversary date, the annual fee shall be prorated in the following manner: (a) Activity commencing 10 to 12 months prior to the anniversary date: One hundred percent (100%) of the annual fee. (b) Activity commencing 7 to 9 months prior to the anniversary date: Seventy-five percent (75%) of the annual fee. (c) Activity commencing 4 to 6 months prior to the anniversary date: Fifty percent (50%) of the annual fee. (d) Activity commencing 1 to 3 months prior to the anniversary date: Twenty-five percent (25%) of the annual fee. Fees shall be due every 12 months thereafter. The above prorating requirements do not apply to Mobile Food Facilities as described above. BE IT FURTHER RESOLVED that the Health Care Agency retains the right to revise the anniversary date at its own discretion. This would result in the pro-ration of fees during the year in which the anniversary date is revised, for any fee listed above as an annual fee, fees for yearround operations, or re-issuance of a revoked permit (which would exclude single events or temporary events). In such cases, the annual fee shall be prorated based on the number of months from the first day of the first month of the existing billing period through the last day of the month prior to the revised anniversary date. Fees shall be due every 12 months thereafter. BE IT FURTHER RESOLVED that any fee listed above, which is not paid within fifteen days of the due date stated on the County invoice, shall have a late charge equal to twenty-five percent (25%) of the fee, added to the initial fee amount owed the County. BE IT FURTHER RESOLVED that this Board authorizes the Health Care Agency to carry over Environmental Health Fees Page 17 of 19 HCA ASR Page 17 of 19

18 excess Environmental Health fee revenue in the HCA Special Revenue Fund 13T. The excess fee revenue shall be used only to offset future Environmental Health fee-related expenditures. BE IT FURTHER RESOLVED that this Board finds that these fees meet the requirements set forth in Article XIII C, section 1 of subdivision (e)(2) and (3) of the California Constitution and are therefore excepted from the definition as a tax as used in that section. BE IT FURTHER RESOLVED that this Board finds that the revenue resulting from these fees will not exceed the estimated reasonable cost to provide these services. Environmental Health Fees Page 18 of 19 HCA ASR Page 18 of 19

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