- (a) Fee calculation. The applicant may calculate the initial permit application fee or permit modification fee and include it with the permit application, or the applicant may request that the Division of Environmental Quality calculate the fee after reviewing the application and forward an invoice to the applicant for payment.
(b) Fee payment.
- (1) Applicable permit fees shall be paid by check or money order payable to the division for deposit in the State Treasury.
- (2) The permit shall not be issued until the fee is received by the division.
(c) Annual fee payment.
- (1) Annual fees shall be due forty-five (45) days after the first day of the month that the permittee is billed for the required annual fee.
- (2) Failure to receive this bill does not relieve the permittee from liability for the annual fee, but late charges shall not be assessed until forty-five (45) days after the permittee has been notified that the annual fee is due.
- (3) The Director of the Division of Environmental Quality may waive annual fees or a portion thereof for new facilities that are not in operation unless the waiver is otherwise prohibited by state or federal law.
(d) Failure to pay annual fees.
- (1) A permitted facility failing or refusing to pay the annual fee in a timely manner shall be subject to a late payment charge as established in this part.
- (2) Continued failure or refusal to pay the required fees after a reasonable notice shall constitute grounds for legal action by the division that may result in revocation of the permit.
- (3) When payment of fees is made by check that is subsequently returned due to insufficient funds, all review work on the particular application shall immediately cease until the fee is paid in cash or by money order.
(e) First annual fee payment.
- (1) The annual fee shall be assessed upon the facility-specific annual invoice date.
- (2) The division shall credit the first annual fee on a prorated basis if the initial fee for the permit was assessed within twelve (12) months of the first annual fee for the permit.
- (3) The division may credit the annual fee on a prorated basis if a modification fee for the permit was assessed within twelve (12) months of the annual fee for the permit.
(f) Annual fee late payment charge.
- (1) A late payment charge shall be assessed to facilities failing to pay the annual fee within forty-five (45) days of the billing date and shall be assessed at the rate of ten percent (10%) of the annual fee.
- (2) Late payment charge equals ten percent (10%) of annual fee.