1. (1) Except for a person assigned to the 700-PM general permit, a person required to have a WPCF or NPDES permit is subject to a two-part fee consisting of the applicable new-permit application fee and the annual fee in OAR 340-045-0075.

   1. (a) A person submitting an application for a new NPDES or WPCF permit must submit the amount equal to the new-permit application fee and the first year's annual fee.
   2. (b) A person is not required to submit a fee with an application for renewal of a NPDES or WPCF permit, unless the permit is to be modified as described in OAR 340-045-0075(5). A person requesting a permit modification must submit the appropriate modification fee in OAR 340-045-0075 with the application.
   3. (c) A person is not required to pay a fee for modification of an existing, unexpired permit if DEQ initiates the modification and determines the modification does not require re-filing or department review of an application, plans, or specifications.
   4. (d) When a governmental entity has an agreement with DEQ to assist with implementing a general permit, DEQ may in that agreement lower the general permit fees established in OAR 340-045-0075 and allow the governmental entity to collect the fee for DEQ and retain a portion of the fee for its services.

2. (2) A person must pay the applicable annual fee in OAR 340-045-0075 for as long as the permit is active.

   1. (a) The annual fee must be paid by the date DEQ specifies.
   2. (b) DEQ will apply the annual fee submitted as part of an application for a new NPDES or WPCF permit to the first 12 months the permitted facility is put into operation.
   3. (c) The Director may alter the due date for the annual fee on receiving a permittee’s justifiable request. The Commission may reduce or suspend the annual fee if a hardship is demonstrated.

3. (3) DEQ may refund a new-permit application fee submitted in whole or in part if DEQ determines that:

   1. (a) A permit is not required; or
   2. (b) The wrong application was filed.
4. (4) All fees must be made payable to the Oregon Department of Environmental Quality or DEQ's agent.
5. (5) A person assigned to the 700-PM general permit must pay fees according to the schedule provided in OAR 340-045-0075. The permittee must submit the applicable fees with the permit application. The new permit application fee, annual fee and 5-year renewal fee are non-refundable unless DEQ or DEQ's agent determines that the permittee cannot be assigned to the general permit. Fees must be made payable to the Oregon Department of Environmental Quality. An annual fee must be paid at the time of application, and for each following year that the permit is valid on a date specified by DEQ.

Statutory/Other Authority

ORS 454.625, 454.745, 468.020, 468B.020 & 468B.035

Statutes/Other Implemented

ORS 454.745, 468.065, 468B.015, 468B.035 & 468B.050

History

DEQ 15-2021, amend filed 09/30/2021, effective 11/01/2021
DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017
DEQ 15-2011, f. & cert. ef. 9-12-11
DEQ 11-2006, f. & cert. ef. 8-15-06
DEQ 5-2005, f. & cert. ef. 7-1-05
DEQ 7-2004, f. & cert. ef. 8-3-04
DEQ 2-2002, f. & cert. ef. 2-12-02
DEQ 27-1994, f. & cert. ef. 11-15-94
DEQ 12-1983, f. & ef. 6-2-83
DEQ 18-1981, f. & ef. 7-13-81
DEQ 31-1979, f. & ef. 10-1-79
DEQ 129, f. & ef. 3-16-77
DEQ 113, f. & ef. 5-10-76