ELR Citation: ELR 20137
No(s). 1.2004 (Del. Nov 15, 2004)

The Delaware Supreme Court held that the state environmental agency lawfully determined the "base fee" to be paid by a company under Delaware's Clean Air Act Title V operating permits program. The assessment was neither a regulation nor a case decision. Rather, the agency implemented a statutory directive by categorizing all air polluters based on the estimated hours it spent performing stated types of activities. Here, the $18,000 base fee was founded on the agency's determination that the company is a "complex" source requiring 401-625 hours of services, and the record supports this determination.