1. A. After CCR program approval, the Department shall send an invoice to each CCR facility and the owner or operator of a CCR facility shall pay to ADEQ an annual registration fee as shown in Table 2. The invoice shall have a due date of the first of a month that is at least 30 days after CCR program approval and the fee shall be due on that date and annually thereafter on the first of that month.
2. B. When submitting an application for any of the license types in Table 3 below, an owner or operator shall remit to ADEQ an initial application fee as shown in Table 3.

3. C. If the total cost of processing the application identified in the Table 3 is less than the initial fee listed in the Table, the Department shall refund the difference between the total cost and the amount listed in the Table to the owner or operator.

   1. 1. Permits and permit modifications. If the total cost of processing the application is greater than the initial fee received plus other amounts paid, the Department shall bill the owner or operator for the difference upon permit approval. The owner or operator shall pay the difference in full before ADEQ issues the permit or modification.
   2. 2. Withdrawals. In the event of a withdrawal of the permit application by the owner or operator, if the total costs of processing the application are less than the amount paid, the Department shall refund the difference. If the total costs are greater than the amount paid, the Department shall bill the owner or operator for the difference, and the owner or operator shall pay the difference within 45 days of the date of the bill.

4. D. For the permitting actions in Table 3, the Department shall provide the owner or operator itemized bills at least quarterly for the expenses associated with evaluating the application and approving or denying the permit or permit modification. The invoice shall be paid within 30 days of receipt. The following information shall be included in each bill:

   1. 1. The dates of the billing period;

   2. 2. The date and number of review hours itemized by employee name, position type and specifically describing:

      1. a. Each review task performed,
      2. b. Each CCR unit involved, and
      3. c. The hourly rate;
   3. 3. A description and amount of review-related costs as described in subsection (E)(2); and
   4. 4. The total fees paid to date, the total fees due for the billing period, the date when the fees are due, and the maximum fee for the project.

5. E. For the permitting actions in Table 3, fees shall consist of processing charges and review-related costs as follows:

   1. 1. Processing charges. The Department shall calculate the processing charges using a rate of $244 per hour, multiplied by the number of review hours, including pre-application meetings with the Department, used to evaluate and approve or deny the permit or permit modification.

   2. 2. Review-related costs means any of the following costs applicable to a specific application:

      1. a. Per diem expenses,
      2. b. Transportation costs,
      3. c. Reproduction costs,
      4. d. Laboratory analysis charges performed during the review of the permit or permit modification,
      5. e. Public notice advertising and mailing costs,
      6. f. Presiding officer expenses for public hearings on a permitting decision,
      7. g. Court reporter expenses for public hearings on a permitting decision,
      8. h. Facility rentals for public hearings on a permitting decision
      9. i. Costs related to the public notice required by R18-13-1018.
      10. j. Other reasonable and necessary review-related expenses documented in writing by the Department.
   3. 3. Total itemized billings for an application shall not exceed the maximum amounts listed in Table 3 in this Section.

   4. 4. Beginning January 1, 2026, the Director shall adjust the amounts in Table 2, Table 3, and subsection (E)(1) above annually by the following method:

      1. a. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regional-resources.htm, for October of that year.
      2. b. Round the result from subsection (E)(4)(a) of this Section to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

Table 2. Facility Annual Registration Fees

Historical Note

Table 2, Facility Annual Registration Fees, made by final rulemaking at 31 A.A.R. 1363 (April 25, 2025), effective date June 1, 2025 (Supp. 25-2).

Table 3. CCR Facility Permitting Fees

Historical Note

Table 3, CCR Facility Permitting Fees, made by final rulemaking at 31 A.A.R. 1363 (April 25, 2025), effective date June 1, 2025 (Supp. 25-2).

Historical Note

New Section made by final rulemaking at 31 A.A.R. 1363 (April 25, 2025), effective date June 1, 2025 (Supp. 25-2).