Authority: IC 13-13-5-2; IC 13-14-8; IC 13-16; IC 13-18-4-1; IC 13-18-18

Affected: IC 36-1-2-23

Sec. 17. (a) The fees in this section apply to NPDES permit applications and annual operations as follows:

1. (1) Fees are not refundable once staff review and processing of the permit application has commenced.

2. (2) Application and annual operating fees are as follows:

   1. (A) NPDES industrial permits as in subsection (b).
   2. (B) NPDES coal mine facility permits as in subsection (c).
   3. (C) NPDES stone quarry permits as in subsection (d).
   4. (D) NPDES municipal permits as in subsection (e).
   5. (E) NPDES state facility permits as in subsection (f).
   6. (F) NPDES federal facility permits as in subsection (g).
   7. (G) NPDES semipublic facility permits as in subsection (h).
   8. (H) NPDES public water system permits as in subsection (i).
   9. (I) NPDES stormwater general permits as in subsection (j).

(b) For NPDES industrial permits, other than coal mine permits or stone quarry permits, a person shall submit the following fees:

1. (1) An NPDES application fee for a new or renewed NPDES permit according to the following:

   1. (A) One hundred dollars ($100) for a major industrial facility.
   2. (B) One hundred dollars ($100) for a minor industrial facility.

2. (2) An NPDES application fee for an NPDES permit modification request or variance request according to the following:

   1. (A) Fifty dollars ($50) for a major industrial facility.
   2. (B) Fifty dollars ($50) for a minor industrial facility.

3. (3) An annual operation fee, including the following:

   1. (A) An annual base fee for each facility as follows:

      1. (i) One thousand dollars ($1,000) for a major permit.
      2. (ii) Four hundred dollars ($400) for a minor permit.

   2. (B) An annual discharge flow fee for each facility as follows:

      Daily Average Actual Flow in MGD	Fee1
      .001 - .05	$330
      .051 - .1	$490
      .101 - .2	$1,145
      .201 - .3	$1,635
      .301 - .5	$2,290
      .501 - 1.0	$2,805
      1.001 - 2.0	$4,905
      2.001 - 5.0	$7,360
      5.001 - 10.0	$11,445
      10.001 - 15.0	$16,350
      15.001 - 30.0	$22,890
      30.001 - 50.0	$31,065
      50.001 - 100.0	$39,240
      >100.0	$47,415

¹Annual flow fees are reduced by twenty percent (20%) for discharges that are comprised of greater than ninety percent (90%) of noncontact cooling water.

(c) For NPDES coal mine permits, a person shall submit the following fees:

1. (1) An NPDES application fee of one hundred dollars ($100) for either a general permit or an individual permit for a new or renewed NPDES permit.
2. (2) An NPDES application fee of fifty dollars ($50) for either a general permit or an individual permit for a modified NPDES permit or a variance for an NPDES permit.

3. (3) An annual operation fee according to the following:

   1. (A) A facility for which a coal mine operator files a notice of intent (NOI) under the general permit rules for coal mines must pay an annual fee of five hundred dollars ($500) instead of the fee for an individual permit required under clause (B). The annual fee must accompany the initial NOI and is due each year on the anniversary date of the date when the initial NOI was filed.

   2. (B) A facility for which an individual coal mine permit is required must pay an annual fee based on the number of outfalls according to the following:

      	(i) 1 outfall	$500
      	(ii) 2 - 3 outfalls	$750
      	(iii) 4 - 6 outfalls	1,000
      	(iv) 7 - 10 outfalls	$1,500
      	(v) 11 - 20 outfalls	$2,500
      	(vi) 21 - 99 outfalls	$3,500

(d) For NPDES stone quarry permits, a person shall submit the following fees:

1. (1) An NPDES application fee of one hundred dollars ($100) for a new or renewed NPDES permit.
2. (2) An NPDES application fee of fifty dollars ($50) for a modified NPDES permit or a variance for an NPDES permit.

3. (3) An annual fee based on the number of outfalls according to the following:

   	(A) 1 outfall	$750
   	(B) 2 outfalls	$1,500
   	(C) 3 outfalls	$2,000
   	(D) 4 outfalls	$2,500

(e) For NPDES municipal permits, a person shall submit the following fees:

1. (1) An NPDES application fee for a new or renewed NPDES permit according to the following:

   1. (A) One hundred dollars ($100) for a major municipal facility.
   2. (B) One hundred dollars ($100) for a minor municipal facility.

2. (2) An NPDES application fee for an NPDES permit modification request or variance request according to the following:

   1. (A) Fifty dollars ($50) for a major municipal facility.
   2. (B) Fifty dollars ($50) for a minor municipal facility.

3. (3) An annual operation fee, including the following:

   1. (A) An annual base fee for each facility as follows:

      1. (i) One thousand five hundred dollars ($1,500) for a major permit.
      2. (ii) Four hundred dollars ($400) for a minor permit.

   2. (B) An annual discharge flow fee for each facility as follows:

      Daily Average Actual Flow in MGD	Fee
      .001 - .05	$410
      .051 - .1	$815
      .101 - .2	$2,725
      .201 - .3	$5,445
      .301 - .5	$6,810
      .501 - 1.0	$8,170
      1.001 - 2.0	$9,530
      2.001 - 5.0	$10,895
      5.001 - 10.0	$13,615
      10.001 - 15.0	$17,700
      15.001 - 30.0	$20,425
      30.001 - 50.0	$27,235
      50.001 - 100.0	$29,955

(f) For NPDES state facility permits, a person shall submit the following fees:

1. (1) An NPDES application fee for a new or renewed NPDES permit according to the following:

   1. (A) One hundred dollars ($100) for a major state facility.
   2. (B) One hundred dollars ($100) for a minor state facility.

2. (2) An NPDES application fee for an NPDES permit modification request or variance request according to the following:

   1. (A) Fifty dollars ($50) for a major state facility.
   2. (B) Fifty dollars ($50) for a minor state facility.

3. (3) An annual operation fee, including the following:

   1. (A) An annual base fee for each facility as follows:

      1. (i) One thousand dollars ($1,000) for a major permit.
      2. (ii) Four hundred dollars ($400) for a minor permit.

   2. (B) An annual discharge flow fee for each facility as follows:

      Daily Average Actual Flow in MGD	Fee
      .001 - .05	$330
      .051 - .1	$490
      .101 - .2	$1,145
      .201 - .3	$1,635
      .301 - .5	$2,290
      .501 - 1.0	$2,805
      1.001 - 2.0	$4,905
      2.001 - 5.0	$7,360
      5.001 - 10.0	$11,445
      10.001 - 15.0	$16,350
      15.001 - 30.0	$22,890
      30.001 - 50.0	$31,065
      50.001 - 100.0	$39,240
      >100.0	$47,415

(g) For NPDES federal facility permits, a person shall submit the following fees:

1. (1) An NPDES application fee for a new or renewed NPDES permit according to the following:

   1. (A) One hundred dollars ($100) for a major federal facility.
   2. (B) One hundred dollars ($100) for a minor federal facility.

2. (2) An NPDES application fee for an NPDES permit modification request or variance request according to the following:

   1. (A) Fifty dollars ($50) for a major federal facility.
   2. (B) Fifty dollars ($50) for a minor federal facility.

3. (3) An annual operation fee, including the following:

   1. (A) An annual base fee for each facility as follows:

      1. (i) One thousand dollars ($1,000) for a major permit.
      2. (ii) Four hundred dollars ($400) for a minor permit.

   2. (B) An annual discharge flow fee for each facility as follows:

      Daily Average Actual Flow in MGD	Fee
      .001 - .05	$330
      .051 - .1	$490
      .101 - .2	$1,145
      .201 - .3	$1,635
      .301 - .5	$2,290
      .501 - 1.0	$2,805
      1.001 - 2.0	$4,905
      2.001 - 5.0	$7,360
      5.001 - 10.0	$11,445
      10.001 - 15.0	$16,350
      15.001 - 30.0	$22,890
      30.001 - 50.0	$31,065
      50.001 - 100.0	$39,240
      >100.0	$47,415

(h) For NPDES semipublic facility permits, a person shall submit the following fees:

1. (1) An NPDES application fee for a new or renewed NPDES permit according to the following:

   1. (A) One hundred dollars ($100) for a major semipublic facility.
   2. (B) One hundred dollars ($100) for a minor semipublic facility.

2. (2) An NPDES application fee for an NPDES permit modification request or variance request according to the following:

   1. (A) Fifty dollars ($50) for a major semipublic facility.
   2. (B) Fifty dollars ($50) for a minor semipublic facility.

3. (3) An annual operation fee, including the following:

   1. (A) An annual base fee for each facility as follows:

      1. (i) Seven hundred fifty dollars ($750) for a major permit.
      2. (ii) Two hundred dollars ($200) for a minor permit.

   2. (B) An annual discharge flow fee for each facility as follows:

      Daily Average Actual Flow in MGD	Fee
      .001 - .05	$205
      .051 - .1	$410
      .101 - .2	$1,365
      .201 - .3	$2,735
      .301 - .5	$3,415
      .501 - 1.0	$4,100
      1.001 - 2.0	$4,785
      2.001 - 5.0	$5,465
      5.001 - 10.0	$6,835
      10.001 - 15.0	$8,835
      15.001 - 30.0	$10,250
      30.001 - 50.0	$13,665
      50.001 - 100.0	$15,035

(i) For NPDES public water system permits, a person shall submit the following fees:

1. (1) An NPDES application fee for a new or renewed NPDES permit according to the following:

   1. (A) One hundred dollars ($100) for a major public water system facility.
   2. (B) One hundred dollars ($100) for a minor public water system facility.

2. (2) An NPDES application fee for an NPDES permit modification request or variance request according to the following:

   1. (A) Fifty dollars ($50) for a major public water system facility.
   2. (B) Fifty dollars ($50) for a minor public water system facility.

3. (3) An annual operation fee, including the following:

   1. (A) An annual base fee for each facility as follows:

      1. (i) One thousand dollars ($1,000) for a major permit.
      2. (ii) Four hundred dollars ($400) for a minor permit.

   2. (B) An annual discharge flow fee for each facility as follows:

      	Projected Daily Average Flow in MGD	Fee
      	.001 - .05	$330
      	.051 - .1	$490
      	.101 - .2	$1,145
      	.201 - .3	$1,635
      	.301 - .5	$2,290
      	.501 - 1.0	$2,805
      	1.001 - 2.0	$4,905
      	2.001 - 5.0	$7,360
      	5.001 - 10.0	$11,445
      	10.001 - 15.0	$16,350
      	15.001 - 30.0	$22,890
      	30.001 - 50.0	$31,065
      	50.001 - 100.0	$39,240
      	100.0	$47,415

(j) For NPDES stormwater general permits, a person shall submit the following fees:

1. (1) For stormwater exposed to industrial activity, one hundred seventy-five dollars ($175) to be billed by the department on an annual basis.
2. (2) For an industrial stormwater facility applying for the no exposure exclusion, fifty dollars ($50) to be submitted with each application.
3. (3) For stormwater associated with construction activity, one hundred seventy-five dollars ($175) to be submitted with each NOI.
4. (4) For municipal separate storm sewer system, eighty-five dollars ($85) to be submitted with each NOI.

(Water Pollution Control Division; 327 IAC 5-3-17; filed May 23, 2022, 9:56 a.m.: 20220622-IR-327200026FRA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)