There is hereby imposed an annual stormwater fee on each construction and industrial site that is required to operate under a general water pollution control permit issued under chapter 34A-2. The annual fee imposed in § 34A-2-117 is as follows:

1. (1) The fee payable by the Department of Transportation is twenty-five thousand dollars per year. The fee accrues on August first of each year and is due on August thirty-first;
2. (2) The fee for a construction site that is required to operate under a general water pollution control permit for stormwater discharges associated with construction activities as defined under 40 CFR Part 126 as amended to January 1, 2018, and issued under chapter 34A-2, other than any site owned by the Department of Transportation, is based on the number of acres disturbed for the entire construction project and the fee table below:

3. (3) The secretary may promulgate rules, pursuant to chapter 1-26, to establish an annual tiered fee for each industrial site that is required to operate under a general water pollution control permit for stormwater discharges associated with industrial activities as defined under 40 CFR Part 126 as amended to January 1, 2018, and issued under chapter 34A-2. The tiered fee structure shall equitably assess an annual fee to cover the reasonable costs of developing and administering the stormwater permitting requirements for industrial activities that include:

   1. (a) Preparing regulations and general stormwater permits for applicable industrial activities;
   2. (b) Reviewing and acting on applications for an industrial stormwater permit or permit revision;
   3. (c) Implementing the industrial stormwater permits and inspecting permitted facilities, to include enforcing the terms and conditions of the permits if needed; and
   4. (d) Providing training, technical support, and customer services to permitted entities to include developing on-line functions.

   The annual fee is in addition to any other fee or tax levied by law. The fee imposed by this section shall be remitted to the state along with any form as may be prescribed by the state. The fees shall be deposited in the surface water discharge and pretreatment permit administrative subfund established in § 34A-2-121.

Disturbed Area (Acres)

Fee ($)

Less than 5

100

5 to less than 40

250

40 to less than 80

500

80 or more

750

The fee is payable by the owner of the site. For any construction site permitted before July 1, 2018, the first annual stormwater fee payment is due on January 31, 2019. Any future annual fee accrues on January first of each year and is due on January thirty-first until the permit coverage is terminated. For any construction site permitted after June 30, 2018, the first annual stormwater fee payment is due when the owner submits the notice of intent to be covered under the general permit for stormwater discharges associated with construction activity. For any permit that continues beyond one year, the annual stormwater fee accrues on the anniversary of the notice of intent submission and is due thirty days later; and

Source: SL 2018, ch 212 , § 3.