1. (1) Scope and Intent. As authorized in Section 403.087(6), F.S., this rule implements annual regulatory program and surveillance fees (operating license fees) for public drinking water systems. These fees effect the legislative intent that the Department’s costs for administering the Florida Safe Drinking Water Act be borne by regulated parties. As such, the annual operating license fees are applicable only to public water systems subject to regulation under Chapters 62-550, 62-555 and 62-560, F.A.C.

2. (2) The license fees described in paragraphs (a) through (c), of this subsection, shall be the annual operating license fees for such facilities.

   1. (a) Annual operating license fees shall be based on the type of public water system, or the population served, or the sum of permitted capacities of the treatment provided under their unique PWS ID Number, as set forth in subsections (3) through (6), below.
   2. (b) Annual operating license fees are applicable for the period from July 1 to June 30 of the following year.

   3. (c) Annual operating license fees for drinking water systems are not refundable and shall be due and payable as follows:

      1. The annual operating license fees set forth in this section shall be required for all public water systems for which the Department is granted administrative authority. The amount due shall be the applicable annual operating license fee described in subsection (3), (4), (5), or (6), of this rule, and is due and payable no later than 45 days after receipt of an operating license fee invoice from the Department for public water systems that are subject to regulation under Section 403.861, F.S., on that date.

      2. When a new public water system is issued a permit and is cleared for operation to be put in service under Chapter 62-555, F.A.C., pursuant to Section 403.861, F.S., the first annual operating license fee shall be due no later than 45 days after receipt of an operating license fee invoice from the Department. The amount due shall be the applicable annual operating license fee described in subsection (3), (4), (5), or (6), of this rule. The operating license fee shall be due and payable pursuant to paragraph 62-4.053(2)(b), F.A.C., above.

      3. Non-payment or late payment of an annual operating license fee shall be grounds for enforcement action pursuant to Sections 403.121, 403.141, and 403.161, F.S. Non-payment of an annual operating license fee shall be grounds for revocation or denial of an application for a drinking water construction permit.

      4. When a public water system changes in a manner which places the facility in a different annual operating license fee category:

      a. The operating license fee shall be changed as appropriate and be in effect for the next operating year (July 1-June 30),

      b. The new operating license fee shall be due no later than 45 days after receipt of an operating license fee invoice from the Department following the change; and,

      c. No operating license fee is due for an inactive system.

3. (3) The annual operating license fees for community public water systems are based on the system’s permitted design capacity, and are as follows:

1. (4) The annual operating license fee for consecutive community public water systems shall be based on their population served as reported by the system during their most recent Sanitary Survey as follows:

1. (5) The annual operating license fee for non-transient, non-community public water systems shall be $100.00.
2. (6) The annual operating license fee for transient, non-community public water systems shall be $50.00.
3. (7) Public water systems will be invoiced individually for the annual operating license fee.
4. (8) The annual operating license fee in this Section shall be adjusted for inflation using the methodology in paragraph 62-4.050(4)(z), F.A.C.

Rulemaking Authority 403.061, 403.861(7), 403.861(8) FS. Law Implemented 403.087(6) FS. History–New 4-21-09.