1. (a) NPDES application fees are payable to the Commonwealth of Pennsylvania according to the fee schedule set forth in this section. All flows listed in this section are total annual average design flows for all discharges at a facility in million gallons per day (MGD).

2. (b) Applications fees for new individual NPDES permits are as follows.

   Category	Application Fee
   Single Residence Sewage Treatment Plant	$200
   Small Flow Treatment Facility	$500
   Minor Sewage Facility ‹ 0.05 MGD	$1,000
   Minor Sewage Facility ›= 0.05 MGD and ‹ 1.0 MGD	$2,000
   Minor Sewage Facility with CSO	$5,000
   Major Sewage Facility ›= 1.0 MGD and ‹ 5.0 MGD	$7,500
   Major Sewage Facility ›= 5.0 MGD	$10,000
   Major Sewage Facility with CSO	$15,000
   Minor Industrial Waste Facility not covered by ELG	$3,000
   Minor Industrial Waste Facility covered by ELG	$6,000
   Major Industrial Waste Facility ‹ 250 MGD	$15,000
   Major Industrial Waste Facility ›= 250 MGD	$100,000
   Industrial Stormwater	$3,000
   CAFO	$500
   MS4	$5,000
   CAAP	$3,000
   Pesticides	$3,000
   Mining Activity	$1,000

   In addition, the application fee for reissuance of an individual NPDES permit associated with a mining activity shall be $500.

3. (c) (Reserved).
4. (d) (Reserved).

5. (e) Application fees for transfers of individual permits are:

   Single residence sewage treatment plant	$50
   Small flow treatment facility	$100
   All other sewage facilities and CAFOs	$200
   Industrial waste, Industrial stormwater, MS4 and CAAP	$500

6. (f) Application fees for amendments to individual permits are:

   Amendment initiated by Department	No charge
   Minor Amendment for single residence sewage treatment plant	$50
   Minor Amendment for small flow treatment facility	$100
   Minor amendment for all other facilities	$200
   Major amendment	Same as annual fee established in § 92a.62 (relating to annual fees)

7. (g) NOI fees for coverage under a general permit under § 92a.23 (relating to NOI for coverage under an NPDES general permit), including fees for amendments to or transfers of general permit coverage, will be established in the general permit. NOI fees may not exceed $5,000, except as provided in Chapter 102 (relating to erosion and sediment control). An eligible person shall submit to the Department the applicable NOI fee before the Department approves coverage under the general permit for that person. If the general permit allows payment of the NOI fee in annual increments, the eligible person shall, if required by the Department, submit the initial increment to the Department with the NOI before the Department approves coverage under the general permit.
8. (h) The Department will review the adequacy of the fees established in this section at least once every 3 years and provide a written report to the EQB. The report will identify any disparity between the amount of program income generated by the fees and the costs to administer these programs, and contain recommendations to increase fees to eliminate the disparity, including recommendations for regulatory amendments to increase program fees.
9. (i) Any Federal or State agency or independent State commission that provides funding to the Department for the implementation of the NPDES program through terms and conditions of a mutual agreement and any municipality that is currently designated as a financially distressed municipality by the Department of Community and Economic Development under the Municipalities Financial Recovery Act (53 P.S. § § 11701.101—11701.712) may be exempt from the fees in this section.

Authority

The provisions of this § 92a.26 amended under sections 5(b)(1) and 6 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.6); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 1920-A).

Source

The provisions of this § 92a.26 amended August 27, 2021, effective August 28, 2021, 51 Pa.B. 5361. Immediately preceding text appears at serial pages (401834) and (352637) to (352638).

Cross References

This section cited in 25 Pa. Code § 92a.21 (relating to application for a permit); and 25 Pa. Code § 92a.75 (relating to reissuance of expiring permits).