1. (a) Authority. This section is adopted under the authority of subdivision (a) (10) of Section 22a-6 of the Connecticut General Statutes and Section 22a-430 of the Connecticut General Statutes.
2. (b) Definitions: The definitions in Section 22a-430-6 of the Regulations of Connecticut State Agencies, as amended, shall apply to this section.

3. (c) Annual fee.

   1. (1) Each applicant or permittee shall pay an annual fee to cover the cost to the Department of monitoring compliance with permit terms and conditions and applicable state and federal statutes and regulations. Except as provided in subdivision (3) of this subsection, such fee shall be paid annually on or before each July 1. The commissioner shall not review any permit application unless all required fees have been paid in full, and a new or reissued permit shall not be issued prior to payment of all required fees.
   2. (2) If the commissioner determines that an applicant for permit issuance or reissuance owes any past due fees or late fees, the applicant shall pay all such fees prior to issuance or reissuance of the permit.
   3. (3) Notwithstanding any requirement in Section 22a-430-6 of the Regulations of Connecticut State Agencies to the contrary, the applicant for a new permit shall pay the first annual fee within thirty days of issuance of the permit, provided the amount of such fee shall be pro-rated based on the number of days between the date of permit issuance and the next July 1. Any permittee who was required, prior to the amendment of this section on July 13, 1993, to pay an annual fee under this section for calendar year 1993 and who has not paid such fee on or before the effective date of this amendment shall pay the fee provided by this section as amended on July 13, 1993, within thirty days of notification from the commissioner that such payment is due. All permittees shall pay the annual fee for calendar year 1994 within thirty days of notification from the commissioner that such payment is due.
4. (d) Method of payment. All fees required by this section shall be paid by certified check or money order payable to the Department of Environmental Protection and shall, except for an annual fee which is required by this section to be submitted simultaneously with a permit application, state on the face of the check or money order, "Water Management Annual Fee."

5. (e) Calculation of fee.

   1. (1) The annual fee shall be the total of the annual fees specified in Schedule B of this section for each category of discharge proposed in a permit application or, if a permit has been issued, as authorized by the permit.
   2. (2) If a modification to a permit, other than a modification under Section 22a-430-6 (e) (1) (C) or (D) of the Regulations of Connecticut State Agencies, results in an increase or decrease in the annual fee, such change in the annual fee shall be effective on the July 1 which immediately follows the issuance of the permit modification. For a modification under Section 22a-430-6 (e) (1) (C) or (D) of the Regulations of Connecticut State Agencies, any increase in the annual fee resulting from the proposed modification shall be paid on or before thirty (30) days after the issuance of notice from the Commissioner that it is due.
6. (f) Discharge category. If the Commissioner determines upon review that an applicant's or permittee's categorization of a discharge for purposes of calculating a fee or the applicant's or permittee's calculation of a fee is incorrect, the Commissioner shall notify the applicant or permittee of his determination. Such determination shall be final. Should additional payment be due it shall be submitted within thirty (30) days of the date the notice of the Commissioner's determination is issued. The Commissioner shall determine the amount of the annual fee for any discharge category which is not listed in Schedule B based on the reasonable cost to the Department of monitoring whether the source in question is in compliance with applicable statutes, regulations and permit terms and conditions.
7. (g) Waiver. The Commissioner may waive, reduce, or allow delayed payment of all or part of a fee in cases in which he or she determines that the amount of the fee is clearly excessive in relation to the cost of the permitted activity.
8. (h) Late fee. A late fee of twenty-five percent of the annual fee shall be charged, in addition to any other fee required by this section, if an applicant or permittee fails to submit the required fee when due. The permittee shall pay an additional two percent of the amount of all fees required by this section which are overdue for each month or part thereof beyond the due date during which the fee is not paid in full. This subsection shall not prevent the Commissioner from pursuing other remedies available by statute or regulation.
9. (i) Exemption. Discharges from a building used solely as a single-family residence or from a swimming pool at a single family residence shall be exempt from all fee requirements under these regulations.

10. (j) Municipal fees.

    1. (1) As required by Section 22a-6 (b) of the Connecticut General Statutes, any fee charged to a municipality pursuant to this section shall be fifty percent of the fee that would be charged to other applicants or permittees.
    2. (2) As required by Section 22a-6 (c) of the Connecticut General Statutes, for municipalities that own more than one POTW, the annual fee for each such POTW is either (A) determined by dividing the fee in schedule A for the sum of the average daily flow proposed in the permit application, if any, plus the permitted average daily flows for all other municipally-owned POTWs, by the total number of municipally-owned POTWs, or (B) fifty percent of the fee that would be charged to other applicants or permittees, for the discharge of sanitary sewage at the average daily flow stated in the permit, whichever is less.
11. (k) Credits and refunds. If the total annual fee paid by an applicant or permittee is more than all required fees, including late fees, the Commissioner shall credit the excess payment to the applicant to be applied to future fees due to the Commissioner under a statute or regulation administered by him or her. If the applicant or permittee demonstrates to the Commissioner's satisfaction that no future fees can reasonably be expected to be required of the applicant or permittee, the Commissioner shall refund the excess payment to the applicant or permittee. There shall be no credits or refunds other than under this subsection. SCHEDULE BI. Category ISubcategoryAnnual FeeX350.00Y2,725.00Z5,450.00SubcategoryWastewater CategoryX*Y*Z*Adhesives and Sealants²—0–5,000>5,000Aluminum Forming¹ (except to POTW) —0–5,000>5,000Aluminum Forming¹ (to POTW) —0–10,000>10,000Asbestos Manufacturing¹—0–5,000>5,000Bakery and Confectionary³—0–50,000⁴>50,000Battery Manufacturing¹—0–5,000>5,000Beverage³—0–50,000⁴>50,000Builders Paper and Roofing Felt¹—0–5,000>5,000Canned and Preserved Fruits Processing¹—0–50,000⁴>50,000Canned and Preserved Seafood Processing¹—0–50,000⁴>50,000Cement Manufacturing¹—0–50,000>50,000Clay, Gypsum, Refractory, and Ceramic Products³—0–50,000>50,000Coal Gasification³—0–50,000>50,000Coal Liquefaction³—0–50,000>50,000Coal Mining¹—0–50,000>50,000Coil Coating¹ (except to POTW) —0–5,000>5,000Coil Coating¹ (to POTW) —0–10,000>10,000Concrete Product³<10,00010,000–50,000>50,000Copper Forming¹ (except to POTW) —0–5,000>5,000Copper forming¹ (to POTW) —0–10,000>10,000Dairy Products Processing¹—0–50,000⁴>50,000Edible Oils³—0–50,000⁴>50,000Electrical and Electronic Components¹ (except to POTW) —0–5,000>5,000Electrical and Electronic Components¹ (to POTW) —0–10,000>10,000Explosives Manufacturing³—0–5,000>5,000Ferroalloys Manufacturing¹ (except to POTW) —0–5,000>5,000Ferroalloys Manufacturing¹ (to POTW) —0–10,000>10,000Fertilizer Manufacturing¹—0–5,000>5,000Fish Hatchery & Farm³—0–1,000,000>1,000,000Furniture Manufacturing³—0–5,000>5,000Glass Manufacturing¹—0–50,000>50,000Grain Mills¹—0–50,000>50,000Gum and Wood Chemical³—0–5,000>5,000Hospitals¹<5,0005,000–100,000>100,000Inorganic Chemicals Manufacturing¹—0–5,000>5,000Iron and Steel Manufacturing¹—0–50,000>50,000Laboratory Wastewaters¹<5,0005,000–100,000>100,000Leather Tanning and Finishing¹—0–50,000>50,000Meat Products and Rendering¹—0–50,000⁴>50,000Metal Finishing¹ (except to POTW) —0–5,000>5,000Metal Finishing¹ (to POTW) —0–10,000>10,000Metal Molding and Casting¹—0–50,000>50,000Mineral Mining and Processing¹—0–50,000>50,000Miscellaneous Food Product³—0–50,000⁴>50,000Nonferrous Metals Manufacturing¹ (except to POTW) —0–5,000>5,000Nonferrous Metals Manufacturing¹ (to POTW) —0–10,000>10,000Oil and Gas Extraction¹—0–50,000>50,000Ore Mining¹<100,000100,000–1,000,000>1,000,000Organic Chemicals Manufacturing¹—0–50,000>50,000Paint and Ink Formulation³—0–1,000>1,000Paving and Roofing Materials¹—0–5,000>5,000Pesticides¹—0–1,000>1,000Petroleum Refining¹—0–5,000>5,000Pharmaceutical Preparations¹—0–50,000>50,000Phosphate Manufacturing¹—0–50,000>50,000Photographic Equipment, Supplies³<5,0005,000–50,000>50,000Photographic Processing³<5,0005,000–50,000>50,000Plastics Processing¹—0–5,000>5,000Porcelain Enameling¹—0–5,000>5,000Printing and Publishing³—0–5,000>5,000Pulp and Paper Mills¹—0–50,000>50,000Rubber Processing³—0–50,000>50,000Shale Oil³—0–50,000>50,000Shipbuilding³—0–50,000>50,000Shore Receptor and Bulk Terminal³—0–50,000>50,000Soap, Detergent, and Cosmetic Manufacturing³—0–5,000>5,000Steam Electric Power Plants¹ (per power generating unit) —0–50,000>50,000Sugar Processing¹—0–50,000>50,000Textile Mills¹—0–50,000>50,000Timber Products Processing¹—0–5,000>5,000Transportation³—0–50,000>50,000* These figures refer to the total maximum daily flow for each category of discharge, in gallons per day, as authorized by the permit, or, if the annual fee being calculated is required to be paid simultaneously with a permit application, as proposed in the permit application. ¹ Means wastewaters from this source, as defined pursuant to Section 301 of the 1972 Federal Water Pollution Control Act 33 U.S.C. 1251 et seq., as amended. ² Means wastewaters from this source, as defined pursuant to the 1972 Standard Industrial Classification Manual, Executive Office of the President, Office of Management and Budget, as amended. ³ Defined in Section 22a-430-6 (b) of the Regulations of Connecticut State Agencies, as amended. ⁴ For these categories, if the discharge is to a POTW and the maximm daily flow (as authorized by the permit, or, if the annual fee being calculated is required to be paid simultaneously with a permit application, as proposed in the permit application) is less than 5,000 gallons per day, the fee shall be $350.00. >means more than<means less thanII. Category II—Miscellaneous DischargesCategoryAnnual Fee1.Cooling Water (Non-Contact)³a.0–100,000*350.00b.100,001–10,000,000*1,360.00c.>10,000,000*5,450.002.Incinerator³1,775.003.Transfer Station³350.004.Hazardous Waste Disposal Facilities³18,960.005.Solid Waste Disposal Areas³8,900.006.Water Production Wastewaters³350.007.Agricultural Activities³350.008.Stormwater³1,775.009.Groundwater Contamination Recovery Systems³2,725.0010.Hazardous Waste Treatment Facility³16,350.0011.Sanitary Sewage³ to Surface Waters³a.< 20,000*1,060.00b.20,000–999,999*2,130.00c.1,000,000–4,999,999*2,990.00d.5,000,000–9,999,999*3,410.00e.10,000,000–20,000,000*3,840.00f.>20,000,000*4,260.0012.Sanitary Sewage³ to Groundwaters³ >5,000^‡590.0013.Sanitary Sewage³ to Sewer 350.0014.Dredging³2,725.0015.Auto and other Laundries Wastewatersa.Power Laundries, Family and Commercial²1.0–50,000*350.002.>50,000*1,060.00b.Linen Supply²1.0–50,000*350.002.>50,000*1,060.00c.Diaper Service²350.00d.Coin-Operated Laundries and Dry Cleaners²350.00e.Dry Cleaning Plants Except Rug Cleaning²1,060.00f.Carpet and Upholstery Cleaners²475.00g.Industrial Laundries²1.0–50,000*2,725.002.>50,000*5,450.00h.Misc. Laundry & Garment Services²350.00i.Car Washes²350.0016.Septage Disposal Area³1,775.0017.Blowdown from Heating and Cooling Equipment³2,725.0018.Tumbling and Cleaning of Parts Wastewaters³a.0–1,000*1,250.00b.1,001–10,000*2,725.00c.>10,0005,450.0019.Minor Tumbling and Cleaning of Parts Wastewaters³a.0–1,000*750.00b.1,001–10,000*1,360.00c.>10,000*2,720.0020.Non-hazardous Waste Treatment Facility³5,450.0021.Hydrostatic Pressure Testing Wastewater³a.0–50,000* (excluding natural gas pipelines)350.00b.>50,000* (excluding natural gas pipelines)1,360.00c.Natural Gas Pipelines2,725.00* These figures refer to the total maximum daily flow for each category of discharge, in gallons per day, as authorized by the permit or, if the annual fee being calculated is required to be paid prior to permit issuance or reissuance, as proposed in the permit application. ‡ These figures refer to the design flow rate, in gallons per day, as authorized by the permit or, if the annual fee being calculated is required to be paid simultaneously with a permit application, as proposed in the permit application. ² Means wastewaters from this source, as defined pursuant to the 1972 Standard Industrial Classification Manual, Executive Office of the President, Office of Management and Budget, as amended. ³ Defined in Section 22a-430-6 (b) of the Regulations of Connecticut State Agencies, as amended. >means more than<means less thanIII. Category III—No Annual Fee.1. Design flow rate as authorized by the permit, or, if the annual fee being calculated is required to be paid simultaneously with a permit application, as proposed in the permit application. 2. General permits issued under Section 22a-430b of the Connecticut General Statutes.3. Building floor drain wastewaters.4. Swimming pool backwash.5. Permits issued pursuant to Section 22a-430-3 (b) (6) of the Regulations of Connecticut State Agencies, as those Regulations existed prior to the effective date of this section.

(Effective June 23, 1994)