1. (a) Each person applying for a permit pursuant to K.S.A. 65-165, and amendments thereto, and each holder of a permit issued pursuant to K.S.A. 65-165, and amendments thereto, shall submit the appropriate fee in accordance with the following schedule:

   Schedule of Fees at Annual Rate
   Classification	Unit Rates and Minimum Rates
   (1) Municipal or commercial wastewater treatment facility.	$185/year/million gallons per day permitted capacity and for any portion thereof. $185 minimum fee per year.
   (2) Municipal storm water system.
   (A) population less than 100,000 persons.	None
   (B) population of 100,000 persons or greater.	$2,000 per year.
   (3) Industrial wastewater treatment facility.	$320/year/million gallons per day permitted capacity and for any portion thereof. $320 minimum fee per year.
   (4) Cooling water discharge. Surface disposal:
   (A) Non-contact cooling water.	$60 per year.
   (B) treated cooling water.	$120/year/million gallons per day permitted capacity and for any portion thereof. $120 minimum fee per year.
   (5) Dewatering discharge.	$60 per year.
   (6) Pretreatment permit.	$320 per year.
   (7) General permit.	$60 per year.
   (8) Industrial storm water discharge.
   (A) General permit.	$60 per year.
   (B) individual permit.	$320 per year.
   (9) Confined feeding facility or public livestock market required to register or obtain a permit:
   (A) Initial registration fee, regardless of animal unit capacity	$25 one-time fee.
   (B) permit fee:
   (i) Animal unit capacity of 999 or less	$25 per year.
   (ii) animal unit capacity of 1,000-4,999	$100 per year.
   (iii) animal unit capacity of 5,000-9,999	$200 per year.
   (iv) animal unit capacity of 10,000 or more.	$400 per year.
   (10) Truck-washing facility for animal wastes.
   (A) Private truck-washing facility for animal wastes with any combination of owned trailers or trucks totaling no more than two	$25 per year.
   (B) Private truck-washing facility for animal wastes with any combination of owned trailers or trucks totaling more than two	$200 per year.
   (C) all other truck-washing facilities for animal wastes.	$320 per year.

   (b)(1) Plans and specifications shall not be reviewed and processing and issuance of a permit shall not take place until the required fee is paid. Fees shall be made payable to the "Kansas department of health and environment—water pollution control permit."

   1. (2) Fees paid in accordance with the schedule in subsection (a), including fees paid for facilities that are never built or that are abandoned, shall not be refunded.
   2. (3) Each operator who is operating a facility in which two or more of the wastewaters identified in subsection (a) are discharged shall pay the appropriate fee for each type of wastewater discharged, even if only one permit has been issued for the facility.
   3. (4) Permit fees shall be based on the minimum rate or unit rate, whichever is greater. The full unit rate shall be applied to any portion of a unit. The fee per unit shall not be prorated.
   4. (5) A permit fee shall be paid annually in accordance with subsection (a).
   5. (6) If ownership of the permitted facility changes during the term of a valid permit, no additional fee shall be required unless a change occurs that results in a new or expanded facility or operation.
   6. (7) If a change occurs during the term of a valid permit that results in an expanded capacity of the facility or operation, a new application shall be required. Upon approval, the existing permit shall be amended and shall continue in effect for the remainder of the original term, unless revoked. The additional fee shall be based only on the difference between the original permitted capacity and the expanded capacity. The new annual fee for the expanded facility shall be based on the unit rate at the expanded capacity or the minimum rate, whichever is greater, for the remainder of the term of the permit.

(Authorized by and implementing K.S.A. 2003 Supp. 65-166a and 65-171d; effective Sept. 27, 1996; amended March 16, 2007.)