1. (A) In order to facilitate the proper administration of each act listed in Section 48-2-30(B), the department shall charge fees for the various services and functions it performs under each of those acts including, but not limited to, application fees, processing fees, permit maintenance fees, certification fees, license fees, registration fees, plan review fees, facility inspection fees, and emission fees.
2. (B) All fees in existence before the effective date of this article which implement the acts identified in Section 48-2-30(B) must be continued and must be calculated and maintained with any additional fees authorized by this article; however, the existing fees may be used in any manner consistent with the department's authority, the provisions of this article notwithstanding.
3. (C) No permit, certificate, license, or registration and no renewal or modification of a permit, certificate, license, or registration may be issued to an applicant under the acts enumerated in Section 48-2-30(B) until all fees are paid in full. The department shall develop a schedule by regulation for the collection of delinquent accounts and the amounts to be applied to delinquent accounts.
4. (D) The department shall develop regulations which set annual levels of fees as authorized by this article. The level of these fees must be determined after careful consideration of the direct and indirect costs incurred by the department in performing its various functions and services under each of the acts enumerated in Section 48-2-30(B). Any subsequent increase in the level of these fees must be justified by an assessment report compiled in accordance with Section 1-23-115. All fees and procedures for collecting fees must be adopted pursuant to procedures as are set forth in the Administrative Procedures Act. In promulgating these regulations, the department shall consider detailed information regarding other costs to be funded by the proposed fee schedule or fee increases and the current and proposed average response time to permit applications under that program.
5. (E) In the third, and all subsequent years, the fee schedule promulgated by the department may not, when added to its individual program fund balance from prior years, exceed one hundred fifty percent of the fees collected in the previous year.
6. (F) The total fees assessed under this article and listed in subsection (H) to be paid by a single permitted facility under any one act enumerated in Section 48-2-30(B) may not exceed five percent of the total of all fees assessed under that act, except for those fees collected pursuant to the Clean Air Act and the Atomic Energy Act.
7. (G) On January 1, 1994, and January first of every even-numbered year after 1994, the department shall evaluate the implementation of the permit fee program and provide this evaluation in writing to the Senate Finance Committee and the House Ways and Means Committee. This evaluation shall include a report on the total fees collected, the amount of general funds allocated to the department, the department's use of the fees and the general funds, the number of permit applications received, the number of permits issued, the progress in eliminating permit backlogs, and the timeliness of permit processing.

8. (H) For the following categories, the fees shall not exceed the maximum amounts listed below. The department is encouraged to use graduated fees to reflect the volume of waste, population served, or other factors determined necessary to fairly apportion the fees:

   1. (1) Water Pollution Control

      1. (a) Annual fees for NPDES Permits and State Construction

         1. (i) Major Facility (Flow greater than 2,000,000 $ 5,400

            gal/day)

         2. (ii) Major Facility (Flow 1,000,000-1,999,999 $ 4,050

            gal/day)

         3. (iii) Minor Facility (Flow 500,000-999,999 $ 3,375

            gal/day)

         4. (iv) Minor Facility (Flow 100,000-499,999 $ 2,700

            gal/day)

         5. (v) Minor Facility (Flow 50,000-99,999 gal/day) $ 2,025
         6. (vi) Minor Facility (Flow 0-49,999 gal/day) $ 1,350

         7. (vii) Multiple Discharged Permits $ 4,050

            (More than 5 discharge points) per $ 1,520

            discharged over 5

         8. (viii) General Permits $ 170

         Permits for Land Application Systems; however,

         annual operating fees for both major and minor

         facilities must be calculated based on the

         previous year's actual flow as reported to the

         department:

         Type of Facility

      2. (b) Water Quality Certification Application Fees:

         1. (i) Certification of major activities requiring $ 1,688

            federal or state permits

         2. (ii) Certification of minor activities requiring $ 255

            federal or state permits

      3. (c) Construction Permit Fees:

         1. (i) Pretreatment Systems:

            1. Oil/water separators or Air Stripper $ 1,013

            Systems only

            2. All other Pretreatment Systems $ 3,038

         2. (ii) Collection Systems:

            1. 1000 ft. or less $ 338

            2. 1,001 to 10,000 ft. $ 845

            3. 10,000 ft. or more $ 1,688

            4. Delegated Program $ 170

         3. (iii) Wastewater Treatment Facilities, provided

            that fees for modifications without

            expansions for both major and minor

            facilities must be assessed by the

            department only for those modifications

            which require the actual submission of

            plans and specifications to the

            department for engineering review

            1. Major Facilities (1,000,000 gal/day

            or greater)

            a. New $ 5,400

            b. Expansion $ 4,050

            c. Modification w/o expansion $ 2,700

            2. Minor Facilities (0 to 999,999

            gal/day)

            a. New $ 3,375

            b. Expansion $ 2,700

            c. Modification w/o expansion $ 2,025

   2. (2) Water Supply Operating Permit

      1. (a) Major Facility (Serving more than 10,000 people) $ 4,050
      2. (b) Major Facility (Serving 5,000-10,000 people) $ 3,038
      3. (c) Minor Facility (Serving 1,000-4,900 people) $ 761
      4. (d) Minor Facility (Serving less than 1,000 people) $ 255

   3. (3) Air Quality Control

      1. (a) Permit fees for air quality operating permits must

         be based on an annual fee of $25.00 per ton of

         each regulated pollutant based on actual

         emissions, up to a maximum 4,000 tons a year a

         regulated pollutant. "Actual emissions" means the

         actual rate of emissions in tons per year of any

         regulated pollutant which was emitted over the

         preceding calendar year or any other period

         determined by the department to be representative

         of normal source operation. Actual emissions must

         be calculated using the unit's actual operating

         hours, production rates, and in-place control

         equipment, types of materials processed, stored,

         or combusted during the preceding calendar year or

         such other time period established by the

         department.

      2. (b) New sources or any source without sufficient data to

         be able to determine actual emissions must be

         assessed the above $25.00 a ton fee with

         appropriate CPI adjustment calculated on a prorata

         basis for their months of operation. The fee must

         be based on permitted emissions, until such time

         as "Actual emissions" can be calculated, and must

         be paid before the operating permit is issued.

      3. (c) Pursuant to the 1990 Federal Clean Air Act, fees for

         air emissions or for air emission permits may be

         adjusted to reflect any increase in the Consumer

         Price Index (CPI) for the year before the billing

         month over the 1989 CPI. The CPI for any calendar

         year is the average of CPI for all urban consumers

         published by the Department of Labor, as of the

         close of the twelve-month period ending on August

         thirty-first of each calendar year.

   4. (4) Laboratory Certification Services

      1. (a) Application fee $ 507
      2. (b) Minimum Annual Fee (per laboratory) $ 507
      3. (c) Clean Water Act Inorganics (per parameter) $ 102
      4. (d) Safe Drinking Water Act Inorganics (per parameter) $ 102
      5. (e) SDWA "Secondary" Inorganics (per parameter) $ 102

      6. (f) CWA Organics

         1. (i) PCB's and Pesticides (per Sub-Group) $ 1,268
         2. (ii) Herbicides (per Sub-Group) $ 1,268
         3. (iii) Volatiles (per Sub-Group) $ 1,268
         4. (iv) Semi-Volatiles (per Sub-Group) $ 1,268
         5. (v) Dioxins and Furans (per Sub-Group) $ 1,268

      7. (g) SDWA Organics

         1. (i) Trihalomethanes $ 1,268
         2. (ii) Synthetic Organic Compounds $ 2,532
         3. (iii) Volatiles $ 2,532
      8. (h) Microbiology
      9. (i) Total Coliform $ 255
      10. (ii) Fecal Coliform $ 255

      11. (iii) Fecal Steptococci $ 255

          1. (i) Biology

             1. (i) Toxicity Testing $ 2,532
             2. (ii) Taxonomy $ 2,268
             3. (j) Solid and Hazardous Wastes (SW 846 Methods) $ 2,532
             4. (k) Air Quality Analysis $ 2,532

   5. (5) Radioactive Material Licenses

      1. (a) Low level Radioactive Waste Disposal $ 275,000
      2. (b) Radioactive Material Manufact/processing $ 27,000
      3. (c) Decontamination Facil. $ 3,000
      4. (d) Industrial Radiography under Reciprocity $ 500
      5. (e) Low Level Waste Consolidation $ 25,000
      6. (f) Low Level Waste Processing $ 50,000
   6. (6) Radioaction Waste Transportation Permits $ 10,000

   7. (7) Hazardous Waste Units $ 3,038

      < Subsection (H)(8) effective until January 1, 2013. >

   8. (8) Surface Water Withdrawals:

      1. (a) Existing surface water withdrawal permit--application processing fee--$1,000;
      2. (b) New surface water withdrawal permit--application processing fee--$7,500;
      3. (c) Modification of surface water withdrawal permit--application processing fee--$2,000;
      4. (d) Renewal of surface water withdrawal permit with modifications application processing fee--$1,000;

      5. (e) Surface water withdrawal annual operating fee per permitted intake--$1,000.

         < Subsection (H)(8) effective January 1, 2013. >

      6. (8) Surface Water Withdrawals:

         1. (a) Existing surface water withdrawal permit application processing fee $1,000;
         2. (b) New surface water withdrawal permit application processing fee $7,500;
         3. (c) Modification of surface water withdrawal permit application processing fee $2,000;
         4. (d) Renewal of surface water withdrawal permit with modifications application processing fee $1,000;
         5. (e) Surface water withdrawal annual operating fee per permitted intake $1,000.

HISTORY: 1993 Act No. 122, Section 2; 2010 Act No. 247, Section 3.A, eff January 1, 2011; 2012 Act No. 248, Section 1, eff January 1, 2013.