26.08.04.09-1

.09-1 Fees for General Discharge Permits.

A. Applicability.

(1) Intent. The Department may charge nonrefundable fees for certain general discharge permits as specified in this regulation.

(2) Exemptions. Discharges associated with the following dischargers are exempt from this regulation:

(a) Publicly owned treatment works;

(b) Other treatment works which treat only sewage; and

(c) Facilities or persons culturing or raising aquatic organisms in enclosed systems discharging less than 1,000,000 gallons per day.

B. General.

(1) Fees are based on the anticipated cost of program activities related to management of discharge to the waters of this State.

(2) Persons engaging in an activity covered under a general permit for which a fee or fees are charged shall submit a notice of intent (NOI) form requesting inclusion under the general permit, accompanied by the appropriate fees, before the initiation of the activity.

(3) The required fees shall be submitted with the Department's approved notice of intent (NOI) forms.

(4) The Department may refuse to complete processing on any NOI if the applicant fails or refuses to pay the application fee.

(5) When the Department questions a fee as submitted by the applicant, the Department shall notify the applicant in writing and a meeting shall be scheduled, if necessary, to resolve the dispute.

(6) Fees collected by the Department under this regulation shall be paid into the Clean Water Fund. The fees shall be used for activities that are related to the management of discharge to the waters of this State.

(7) The Department may require the retroactive payment of a general permit fee if the general permit becomes effective before the adoption of a regulation supporting this fee, if the fee was specified in the general permit at the time of general permit issuance.

C. Fees for General Storm Water Discharge Permits.

(1) Storm Water Associated with Industrial Activity.

(a) The permit fee for storm water discharges associated with industrial activity shall be either a one-time payment of $550 or an annual payment of $120. The $550 fee shall be submitted with the NOI. The alternative $120 annual payment shall be submitted with the NOI and annually by July 1 of each year.

(b) Facilities which began operating after September 29, 1995, and were registered under the original general permit for storm water associated with industrial activity will be credited $100 for each full calendar year they did not operate between January, 1993, and December, 1996.

(c) The fee for facilities which begin operating after October 1, 1997, shall be prorated on a monthly basis.

(2) The application fees for storm water discharges associated with construction activity are as follows:

Total Disturbed Area (Acres) NOI Fee (Dollars)
(a) 1 to less than 10 $100;
(b) 10 to less than 15 $500;
(c) 15 to less than 20 $1,500;
(d) 20 and up $2,500;

D. Fee for Surface Coal Mine and Related Facilities Discharge.

(1) Annual Permit Fee.

The permittee shall pay an annual permit fee. The first annual fee shall be submitted to the Department with the NOI form. The Department will bill the permittee annually, and the fee shall be paid by the anniversary of the permit issuance each year after the first year.

(2) The annual permit fee is based on the total flow volume of effluent discharged from the facility, as determined by the storm water runoff volume calculation in §D(3) of this regulation.

Average Discharge Volume
(Gallons Per Day)
Annual Permit Fee
(Dollars Per Year)
Less than 1,000 $175
1,000—5,000 $525
5,001—50,000 $1,100
50,001—100,000 $2,100
100,001—250,000 $3,100

(3) Calculation of Storm Water Runoff Volume. Storm water runoff volume is determined by the following method:

(a) Annual storm water runoff volume (gallons/day) = Annual rainfall (feet) drainage area (square feet) 7.48 0.15;

(b) Average storm water runoff volume (gallons/day) = Annual storm water runoff volume divided by 365.

(4) Alternative Storm Water Calculation. As an alternative to the method in §D(3) of this regulation, the permittee may submit a report to the Department which contains calculations of the average daily storm water runoff from the permitted facility. The Department shall make the final decision in determining the acceptability of the alternative method.

E. Fee for Discharges from Seafood Processors. Permit Fee.

(1) The permittee shall pay an annual permit fee. The first annual fee payment shall be submitted to the Department with the NOI form.

(2) The permit fee is based on the total volume of effluent discharged from the facility. The fees are:

Average Daily Discharge Volume
(Gallons Per Day)
Annual
Permit Fee
Less than 1,000 $120
1,000—5,000 $440
5,001—50,000 $1,050
50,001—100,000 $2,100
100,001—500,000 $3,200

(3) The Department will bill the permittee annually, and the fee shall be paid each year by the anniversary date of the permit.

F. Fees for Discharges from Mineral Mines, Quarries, Borrow Pits, and Concrete and Asphalt Plants.

(1) Exemptions. Mineral mines, quarries, and borrow pits which discharge mining wastewater, process generated wastewater, and storm water to ground water only are exempt from the permit fee.

(2) Permit Fee.

(a) The permittee shall pay an annual permit fee. The first annual fee payment shall be submitted to the Department with the NOI form.

(b) The permit fee is based on the total volume of effluent discharged from the facility. The fees are:

Average Daily Discharge Volume
 (Gallons Per Day)
Annual
Permit Fee
Less than 1,000 $110
1,000—5,000 $275
5,001—50,000 $600
50,001—100,000 $1175
100,001—250,000 $1740
250,001—1,000,000 $2300
Greater than 1,000,000 $2875

(c) The Department will bill the permittee annually, and the fee shall be paid each year by the anniversary date of the permit.

G. Fees for Discharges from Dewatering, Hydrostatic Testing, and Groundwater Remediation.

(1) Exemptions. Discharges from tanks, pipes, and other liquid containment structures associated with drinking water supplies are exempt from the permit fee.

(2) Permit Fee.

(a) The permittee shall pay a permit fee with the NOI form and each additional year the permit is held.

(b) The discharge permit fee is based on the total volume of effluent discharged from the facility. The permit fees for the first and subsequent years are:

Average Daily Discharge Volume
(Gallons Per Day)
One
Year Fee
Fee Each
Additional Year
Less than 1,000 $175 $100
1,000—5,000 $250 $100
5,000—50,000 $325 $100
50,001—100,000 $500 $400
100,001—250,000 $950 $400
250,001—1,000,000 $2000 $400
Greater than 1,000,000 $4000 $1000

(c) The Department will bill the permittee annually, and the fee shall be paid each year by the anniversary date of the permit.

H. Fee for Discharges from Swimming Pools and Spas; Notice of Intent (NOI) Fee. Persons seeking coverage under this general permit shall submit an NOI together with a fee of $100 for each facility. A fee is not required with the NOI submission for the registration of pools owned by municipalities, counties, or the State. Owners of pools or spas serving individual residences are not required to submit an NOI or pay a fee.

I. Fee for Discharges from Marinas; NOI Fee.

(1) Persons seeking coverage under this general permit shall submit an NOI together with the following fee depending upon the number of slips available at the marina:

Number of Slips Fee
200 or more slips $500
100 or more and fewer than 200 slips $400
50 or more and fewer than 100 slips $300
10 or more and fewer than 50 slips $200
fewer than 10 slips $100

(2) Facilities already registered under 92-GP-0001 shall pay the lesser of the above fee or a fee of $350 before September, 1997, to register for this permit.

J. Fee for Discharges from Concentrated Animal Feeding Operations.

(1) A CAFO shall pay an annual permit fee. The first annual fee payment shall be submitted to the Department with the NOI form. The Department will bill the permittee annually, and the fee shall be paid annually not later than the anniversary of the effective date of the permit. The following permit fees shall be collected based on the size category of the facility defined in Table 1 under Regulation 26.08.03.09A(3):

Size Category Large Medium Small
Annual Permit Fee $1200 $600 $120

(2) If the Department questions the fee submitted by the permittee, the Department shall follow the procedure in §B(5) of this regulation.

K. Storm Water and Hydrostatic Test Water from an Oil Terminal and Treated Ground Water NOI Fees.

A person who intends to obtain coverage under the general discharge permit for storm water and hydrostatic test water from oil terminals or the general discharge permit for treated ground water from oil-contaminated ground water sources shall submit to the Department a fee of $120 with the NOI.