Arkansas Administrative Code
Agency 118 - DEPARTMENT OF ENERGY AND ENVIRONMENT
Division 01 - Arkansas Pollution Control and Ecology Commission
Rule 118.01.21-006 - Rule 9, "Fee Rule"
Current through Register Vol. 49, No. 2, February 2024
RULE NO. 9
FEE RULE
This rule shall be known by and may be cited by the short title "Rule No. 9: Fees."
It is the purpose of this rule to develop and implement a system of fees for permits issued by the Division of Environmental Quality pursuant to the provisions of the Water and Air Pollution Control Act (Act 472 of 1949, as amended, Ark. Code Ann. § 8-4-101 et seq.) or the Solid Waste Management Act (Act 237 of 1971, as amended, Ark. Code Ann. § 8-6-201 et seq.). Act 817 of 1983, as amended, Act 1254 of 1993, as amended, and Act 1052 of 1999 (Ark. Code Ann. § 81-101 et seq.) authorize the collection and enforcement of these fees and authorize their use to defray the costs of operating the Division.
It is also the purpose of this rule to assess reasonable fees to establish and to administer the State Environmental Laboratory Certification Program Act (Act 876 of 1985, as amended, Ark. Code Ann. § 8-2-201 et seq.)
Permit fees established by this rule shall be applicable to all water permits, including nodischarge and closed system permits, issued under the provisions of the Water and Air Pollution Control Act, as amended, all air permits issued under the Water and Air Pollution Control Act, as amended, or any federal water or air permit program where permitting authority has been delegated to the Division (unless fees for such a program are otherwise provided by law), and all solid waste disposal permits issued under the provisions of the Solid Waste Management Act, as amended, and the Solid Waste Management Code. Facilities operating under the provisions of the "Permits by Rule" or "Authorization by Rule" are exempt from this rule until such time that the facility submits an application for an individual permit within each applicable permit category.
Laboratory certification fees established by this rule shall be applicable to all laboratories certified by the Division. The fees include, but are not limited to, the reasonable costs of administering the provisions of the program and the reasonable administrative costs of initial issuance, initial certificate, renewed certificates, and the expenses associated with conducting evaluations.
If any provision of this Rule or the application thereof to any person or circumstance is held invalid, its invalidity shall not affect other provisions or applications of this Rule that can be given effect without the invalid portion or application, and to this end the provisions of this Rule are declared to be severable.
All terms used in this rule shall have their usual meaning unless the context otherwise requires, or unless specifically defined in the enabling legislation or in federal regulations adopted by reference for program management. In addition, for purposes of this rule, the following definitions apply:
"Administrative Permit Amendment" means a minor change or permit revision that is not typically considered a permit modification, as defined by applicable statutes or rules, or a minor modification that does not require public notice and opportunity for comment. For example, typographical corrections or revisions, or other changes initiated by the Division, might be considered administrative permit amendments. Some minor changes requested by the permittee may also qualify as administrative permit amendments. For purposes of Chapter 5, administrative permit amendments are defined in Rules 18, 19, and 26. The Director, in his or her discretion, may decide whether a revision would be considered an administrative amendment. No fee will be charged for administrative permit amendments.
"Annual Fee" means the fee required to be submitted upon the facility-specific annual invoice date for a permit issued pursuant to the Water and Air Pollution Control Act, as amended, or the Solid Waste Management Act, as amended.
"Category" means one type of laboratory test or group of laboratory tests for similar materials or classes of materials or that use similar methods or related methods.
"Certificate" means the annual document showing those parameters for which a laboratory has received certification. The annual period begins at receipt of fee payments or at the expiration of a current certificate.
"Commission" means the Arkansas Pollution Control and Ecology Commission.
"Confined Animal Operation" means any lot or facility where livestock or fowl have been, are, or will be stabled or confined and fed or maintained, and where crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any significant portion of the lot or facility.
"Division" means the Division of Environmental Quality (DEQ) or its successor.
"Director" means the Director of the Division of Environmental Quality or his or her designated representative.
"Discretionary Major Facility" means an industrial facility discharging wastewater under the terms of a National Pollutant Discharge Elimination System (NPDES) permit that does not meet the numerical rating criteria as an NPDES non-municipal major facility, but is designated as a major permittee by the Division or the U.S. Environmental Protection Agency (EPA). Such facilities are assigned a Major Rating Code (MRAT) greater than 500.
"EPA" means the United States Environmental Protection Agency.
"Evaluation" means a review of the quality control and quality assurance procedures, records keeping, reporting procedures, methodology, and analytical techniques of a laboratory for measuring or establishing specific parameters.
"Facility" means an activity or operation within a specific geographical location including property contiguous thereto. A facility may consist of several manufacturing, treatment, storage, or disposal operational units. For purposes of this permit fee rule, a facility shall be considered to be all property, facilities, or operations owned, leased, or operated by a single entity, whether a municipal, county, or state government, corporation, partnership, or proprietorship in the same geographical area, forming an integral part of the same activity or operation, whether or not such activity lies within the boundaries of the city or county. For purposes of permit fee assessment only, such property, facilities, or operations shall be considered as a single facility if they are regulated by a common state or federal permit within each permit category, or in the future such consolidation of multiple permits can be realized within the scope of applicable permitting rules and regulations, and the facilities or operations are under the supervision of a single plant manager/superintendent.
"Initial Fee" means the fee that is required by law to be submitted with all applications for permits issued pursuant to the Water and Air Pollution Control Act, as amended, and the Solid Waste Management Act, as amended, and that must be received by the Division before a permit is issued.
"Issue Date" means the date the Division signed the permit.
"Laboratory" means any facility that performs analyses to determine the chemical, physical, or biological properties of air, water, solid waste, hazardous waste, wastewater, soil or subsoil materials, or any other analyses related to environmental quality evaluations.
"Major Municipal Facility" means a publicly owned treatment works (POTW) with a design flow or daily average flow of 1.0 million gallons per day (mgd) or greater, or a POTW designated as a major facility by the Division or EPA.
"Modification Fee" means that fee required by law to be submitted for modification of any existing or future permit required by the Water and Air Pollution Control Act, as amended, or the Solid Waste Management Act, as amended, such modification being either at the request of the permittee or as required by law or rule. The fee may vary if the permit modification or renewal is considered to be a minor or major modification, as defined in applicable statutes or rules, or otherwise determined by the Director.
"Non-Municipal Major Facility" means a facility subject to the National Pollution Discharge Elimination System (NPDES) whose status is determined following completion of an NPDES Permit Rating Worksheet (current version) in which points are allocated on the basis of toxic pollutant potential, permitted flow or the ratio of wastewater to stream flow volume, conventional pollutants mass loadings, public health impacts (including proximity to drinking water supplies and potential for human health toxicity), and water quality factors. Additional points can be assessed for certain steam electric power plants or for separate storm sewers serving a population greater than 100,000. The total points accumulated is known as the Major Rating Code or MRAT, which is the numeric total of ranking points assigned to non-municipal facilities and used to delineate them as a major or minor facility. Currently, a facility with an MRAT of eighty (80) points or more is designated as a "non-municipal major" facility. Additionally, EPA or the Division may designate an NPDES permittee as a "discretionary major" facility. Once an MRAT for a major facility is calculated and approved by EPA, the Division may recommend increases or decreases to an MRAT, but only EPA is authorized to change an individual permittee's MRAT or designation as a "major" facility.
"Non-Part 70 Permit" means an air permit that is issued pursuant to a regulation other than Part 70 of Title 40 of the Code of Federal Regulations (40 C.F.R. § Part 70).
"Parameter" means the characteristic or characteristics of a laboratory sample determined by an analytic laboratory testing procedure.
"Part 70 Permit" means an air permit that is issued pursuant to 40 C.F.R. § Part 70.
"Program" means the Arkansas State Environmental Laboratory Certification Program.
"Q" or "Quantity" means the permitted flow expressed in million gallons per day (mgd), as used in formulas for calculating Water Permit Fees under Chapter 4.
"Renewal Permit" means a permit issued to a facility upon expiration of an existing permit. A modification fee may be assessed, depending upon whether the renewal is considered to be a minor or major modification, as defined in applicable statutes or rules, or otherwise determined by the Director.
The applicant may calculate the initial permit application fee or permit modification fee and include it with the permit application, or the applicant may request that the Division calculate the fee after reviewing the application and forward an invoice to the applicant for payment.
Applicable permit fees shall be paid by check or money order payable to the Division for deposit in the State Treasury. The permit shall not be issued until the fee is received by the Division.
Annual fees shall be due forty-five (45) days after the first day of the month that the Permittee is billed for the required annual fee. Failure to receive this bill does not relieve the Permittee from liability for the annual fee, but late charges shall not be assessed until forty-five (45) days after the Permittee has been notified that the annual fee is due. The Director may waive annual fees or a portion thereof for new facilities that are not in operation unless the waiver is otherwise prohibited by State or Federal law.
A permitted facility failing or refusing to pay the annual fee in a timely manner shall be subject to a late payment charge as established in these rules. Continued failure or refusal to pay the required fees after a reasonable notice shall constitute grounds for legal action by the Division that may result in revocation of the permit. When payment of fees is made by check that is subsequently returned due to insufficient funds, all review work on the particular application shall immediately cease until the fee is paid in cash or by money order.
The annual fee shall be assessed upon the facility-specific annual invoice date. The Division shall credit the first annual fee, on a prorated basis, if the initial fee for the permit was assessed within 12 months of the first annual fee for the permit. The Division may credit the annual fee, on a prorated basis, if a modification fee for the permit was assessed within 12 months of the annual fee for the permit.
A late payment charge shall be assessed to facilities failing to pay the annual fee within forty-five (45) days of the billing date, and shall be assessed at the rate of ten percent (10%) of the annual fee.
LATE PAYMENT CHARGE = TEN PERCENT (10%) OF ANNUAL FEE
Except for pre-site investigation fees and interim authority or variance application fees as described in Chapters 6 and 7, up to forty percent (40%) of a fee submitted pursuant to this rule is refundable if the request for the permit action for which the fee was submitted is withdrawn by the applicant before the final permit decision. The Director has the discretion to retain as much of the above-cited forty percent (40%) as he or she determines is necessary to cover the reasonable administrative and technical review costs incurred in the review process.
WATER PERMIT FEES. The permit fee schedule in Rule 9.401 - 9-406 applies to the affected water permit programs in the state of Arkansas.
The following maximum fees for water permits, including construction permits and initial, annual, renewal and modified permits, shall apply to each permit issued by the Division. Actual permit fees shall be calculated and assessed in accordance with the provisions of this section.
Construction permits issued pursuant to the Water and Air Pollution Control Act, as amended, for construction, alteration, or modification, or any combination thereof, of a treatment system shall not exceed $500 per permit.
Permits issued under the National Pollutant Discharge Elimination System (NPDES) and the Underground Injection Control (UIC) Programs.
|
(1) |
Initial and Annual .................. |
$30,000 |
|
(2) |
Modification of Permit |
|
|
(a) Major Modification ............. |
$10,000 |
|
|
(b) Minor Modification* .............. |
$1,000 |
NOTE: *Minor modifications for NPDES and UIC permits are restricted to those as defined in 40 C.F.R. §§ 122.63 and 144.41, respectively.
|
(C) |
Non-NPDES "No-Discharge" Permits.......... |
$500 |
Fees for Short Term Activity Authorizations under the provisions of Rule No. 2: Water Quality Standards shall not exceed $200.
All applicants for construction permits required by Ark. Code Ann. § 8-4-217(b) shall be assessed a fee that shall not exceed $500 for each permit or modification thereto, except that liquid animal waste management systems shall be assessed a fee of $200 for each permit or modification thereto. Construction permit fees shall be in addition to any water permit fees required in Rule 9.403, Rule 9.404, and Rule 9.405 below.
Permit fees (initial, annual, or modification) shall be required for each water permit, as described below.
The owner or operator of a hog farm that has been issued a permit under Rule No. 5, Liquid Animal Waste Management Systems, shall not pay an annual fee if the permit is placed on inactive status by the Division. An NPDES or non-NPDES permit may be placed on inactive status if the owner's or operator's contract with the integrator has been terminated by the integrator. To obtain inactive status, the owner or operator must submit a written request to the Division seeking inactive status and provide the Division with a copy of the integrator's letter terminating the contract. The Division shall notify the owner or operator that the permit has been placed on inactive status. The owner or operator shall not pay an annual fee during the time the permit is on inactive status. A permit that is placed on inactive status may remain on inactive status for a maximum of two (2) years following the date of contract termination. The owner or operator must comply with all permit conditions in order for the permit to remain on inactive status. Failure to comply with permit condition may result in the possible repayment of the annual fees, in addition to any assessed penalties. If the permit has not been reactivated at the end of the two (2) year period, the owner or operator must file a closure plan with the Division. The owner or operator must reactivate the permit if the owner or operator begins operating the hog farm and shall notify the Division within thirty (30) days after the owner or operator begins operating the hog farm that the permit is being reactivated.
|
(a) |
Initial Fee................ |
$15,000 |
|
(b) |
Annual Fee................ |
$15,000 |
|
(c) |
Modification Fee |
|
|
(i) Major................. |
$5,000 |
|
|
(ii) Minor*.............. |
$1,000 |
|
(a) |
Initial Fee.................. |
$11,000 |
|
(b) |
Annual Fee................. |
$11,000 |
|
(c) |
Modification Fee |
|
|
(i) Major................ |
$5,000 |
|
|
(ii) Minor*................ |
$1,000 |
All Major Municipal Facilities, as defined in Chapter 2, are subject to fees as follows:
Fee = $5,000 + (900 X (Q-1))
|
(a) |
Major.................. |
$5,000 |
|
(b) |
Minor*................... |
$1,000 |
Fee = $200 + (5600 X Q) with Maximum Fee = $5,800
|
(i) |
Major................ |
$2,000 |
|
(ii) |
Minor*................. |
$1,000 |
Fee = $200 + (21500 X Q) with Maximum Fee = $15,000
|
(i) |
Major............... |
$2,000 |
|
(ii) |
Minor*............... |
$1,000 |
Fee = $200 + (5600 X Q) with Maximum Fee = $5,800
|
(i) |
Major.................. |
$2,000 |
|
(ii) |
Minor*................ |
$1,000 |
Non-Municipal Minor Facilities with MRAT less than 80 are subject to fees as follows:
Fee = $200 + 5600 X Q with Maximum Fee = $10,000
|
(i) |
Major........................................................... |
$2,000 |
|
(ii) |
Minor........................................................... |
$1,000 |
Fee = $200 + (700 X Q) with Maximum Fee = $10,000
|
(a) |
Major............... |
$2,000 |
|
(b) |
Minor*................ |
$1,000 |
|
(1) Initial and Annual Fees.............. |
$2,500 |
|
(2) Modification |
|
|
(a) Major.................. |
$2,000 |
|
(b) Minor*................ |
$ 500 |
|
(1) |
Initial and Annual ................ |
$ 300 |
|
(2) |
Modification (Major and Minor)......... |
$ 300 |
NOTE: *Minor modifications to NPDES permits are restricted to those defined in 40 C.F.R. § 122.63
|
General Permit Number & Name |
|
|
ARG160000 (Sanitary Landfill Runoff) |
$400 |
|
ARG550000 (Individual Treatment Unit) |
$200 |
|
ARG640000 (Water Plant Backwash Filters) |
$400 |
|
ARG670000 (Pipeline Hydrostatic Testing) |
$200 |
|
ARG750000 (Car/Truck Wash Facilities) |
$200 |
|
ARG790000 (Ground Water Clean-up) |
$500 |
|
ARR000000 (Storm Water - Mfg) |
$200 |
|
ARR150000 (Storm Water- Construction) |
$200 |
|
ARR040000 (Storm Water - MS4 Phase II) |
$200 |
|
ARG500000 (Aggregate Facilities) |
$200 |
|
00000-WG-LA (Land Application of Drilling Fluids) |
$500 |
|
0000-WG-CW (Carwash) |
$200 |
|
0000-WG-WR (Wastewater Treatment Plant Residuals) |
$500 |
|
0000-WG-SW (Salt Water Disposal) |
$250 |
|
0000-WG-AW (Confined Animal) |
$200 |
|
(1) |
Initial Fee ....................... |
$250 |
|
(2) |
Annual Fee...................... |
$250 |
|
(3) |
Modification Fee *...................... |
$250 |
|
(1) |
Initial Fee ...................... |
$200 |
|
(2) |
Annual Fee..................... |
$200 |
|
(3) |
Modification Fee...................... |
$200 |
|
(1) |
Initial Fee ...................... |
$500 |
|
(2) |
Annual Fee .................... |
$500 |
|
(3) |
Modification Fee *................... |
$500 |
|
(1) |
Initial Fee ....................... |
$500 |
|
(2) |
Annual Fee....................... |
$500 |
|
(3) |
Modification Fee *.................... |
$500 |
|
(1) |
Initial Fee......................... |
$500 |
|
(2) |
Annual Fee....................... |
$500 |
|
(3) |
Modification Fee *.................. |
$500 |
NOTE: *Defined as a ten percent (10%) or greater change in application or storage volumes or a change in the method of application or disposal
|
(1) |
Initial Fee....................... |
$15,000 |
|
(2) |
Annual Fee........................ |
$15,000 |
|
(3) |
Modification Fee* |
|
|
(a) Major....................... |
$10,000 |
|
|
(b) Minor*..................... |
$1,000 |
NOTE: *Minor modifications are limited to those actions defined in 40 C.F.R. § 144.41.
|
(1) |
Initial Fee....................... |
$500 |
|
(2) |
Annual Fee........................ |
$500 |
|
(3) |
Modification Fee...................... |
$500 |
There shall be no fee charged for minor water permit modifications involving only administrative amendments or revisions to a permit. For purposes of this Chapter, minor modifications are restricted to those defined in 40 C.F.R. § 122.63 or 40 C.F.R. § 144.41. The Director, in his or her discretion, may decide whether a minor modification is considered to be an administrative amendment.
AIR PERMIT FEES.
The air permit fees contained in this section are applicable to (1) non-part 70 permits, (2) part 70 permits, and (3) general permits.
Initial fees shall be assessed according to the following formulas:
initial fee = $/ton factor x tons/year predominant air contaminant
Provided, however, no initial fee shall be less than $500 except for general permits issued to Non-part 70 sources.
initial fee = [$/ton factor x tons/year chargeable emissions]- amount of last annual air permit fee invoice
Provided, however, that no initial fee shall be less than $1,000.
initial fee = $/ton factor x tons/year chargeable emissions
Provided, however, that no initial fee shall be less than the $/ton factor x 100.
Annual fees shall be assessed according to the following formulas:
annual fee = $/ton factor x tons/year predominant air contaminant
Provided, however, that no annual fee shall be charged for a permit in which the tons/year predominant air contaminant is less than 10 tons/year.
annual fee = $/ton factor x tons/year chargeable emissions
Provided, however, that no annual fee shall be less than the $/ton factor x 100.
Modification and renewal fees for air permits shall be assessed according to the following formulas:
modification fee = $/ton factor x tons/year net emissions increase of predominant air contaminant
However, no modification fee shall be less than $400, or more than the $/ton factor x 4,000.
fee = $/ton factor x tons/year net emission increase of chargeable emissions
However, no fee shall be less than $1,000 or more than the $/ton factor x 4,000.
There shall be no fee charged for administrative permit amendments or renewal permits not involving a permit modification, as such are defined in Rule 26: Arkansas Operating Air Permit Program, Rule 19: State Implementation Plan for Air Pollution Control, or Rule 18: Arkansas Air Pollution Control Code, as applicable.
SOLID WASTE PERMIT FEES.
In accordance with Ark. Code Ann. § 8-1-103, the total amount of fees for solid waste management facility permits shall be calculated to generate revenues in any fiscal year not to exceed 4.25 times the total amount collected from Class 1 and Class 3 landfills in fiscal year 1992-93, provided that the total fee revenues cannot exceed one and one-quarter (1.25) times the total amount collected from solid waste permit fees in fiscal year 1994-95. Further, if the amount of permit fees levied on or received from permit holders exceed the amount specified above in a fiscal year, the over-collections may be retained by the Division to be used to reduce permit fees in subsequent years by relative amounts.
Separate fees for the Initial fees (Pre-Application and Application), Annual Fees, Modification Fees, Permit Transfer Fees, and Post Closure Fees will be assessed for each applicable permit category. For purposes of assessing fees, permit categories include the following types of solid waste management facilities: Class 1, Class 3C (Commercial), Class 3N (Non-Commercial), Class 3T (Tire), and Class 4 Landfills; Transfer Stations, Composting Facilities and Solid Waste Material Recovery Facilities; provided, however, fees for a Solid Waste Material Recovery Facility will not be assessed where limited recycling and material recovery activities occur at a Transfer Station site. Solid waste management facilities, subject to the permit fees as set forth in this rule, are further defined and regulated under Rule No. 22: Solid Waste Management.
Due to the unique requirements for a preliminary site survey (pre-site), which may include a geotechnical site review, of a proposed solid waste management facility prior to the submission of a permit application, the initial fee for solid waste permits is composed of two parts, i.e., (A) the pre-application fee, and (B) the application fee. The pre-application fee will help to recover the costs of the preliminary engineering site survey conducted by the various regulating agencies in association with this Division. This pre-site fee shall be nonrefundable and shall be paid prior to conducting the pre-site investigation. Upon a finding of site suitability based on the presite investigation, or at the owner's risk if the site is judged to be unsuitable and the owner continues to seek a permit for the site, the initial fee shall be paid as specified in Chapter 3. These fees are applicable to all types of facilities permitted under the Solid Waste Management Act, as amended, and any rules promulgated thereto.
|
(1) |
Class 1, Class 3C, Class 3N, Class 3T ............................................. |
$2,000 |
|
(2) |
Class 4 .............................................................................................. |
$1,000 |
|
(1) |
Class 1, Class 3C ............................................................................. |
$10,000 |
|
(2) |
Class 3N, Class 3T .......................................................................... |
$5,000 |
|
(3) |
Class 4 ............................................................................................. |
$1,000 |
|
(4) |
Transfer Stations, Composting, Material Recovery Facilities ......... |
$900 |
Annual Fees are payable in accordance with Chapter 3 and are assessed for each calendar year that the solid waste management facility is in operation. For all solid waste management facilities, subject to fees named herein, annual fees are assessed each calendar year until the solid waste management facility stops receiving waste and the Division places the facility in postclosure status under Rule No. 22: Solid Waste Management. No partial year refund of annual fees will be made.
|
(A) |
Class 1 .......................................................................................................... |
$6,000 |
|
(B) |
Class 3C ....................................................................................................... |
$5,000 |
|
(C) |
Class 3N, Class 3T....................................................................................... |
$3,000 |
|
(D) |
Class 4 .......................................................................................................... |
$500 |
|
(E) |
Transfer Stations, Composting, Material Recovery Facilities ...................... |
$450 |
|
(A) |
Class 1 Major Modification ........................................................................ |
$4,000 |
|
(B) |
Class 1 Minor Modification ........................................................................ |
$3,000 |
|
(C) |
Class 3C, Class 3N, Class 3T...................................................................... |
$2,000 |
|
(D) |
Class 4 ......................................................................................................... |
$1,000 |
|
(E) |
Transfer Stations, Composting, Material Recovery Facilities ..................... |
$450 |
|
(A) |
Class 1, Class 3C, Class 3N, Class 3T, Class 4 ............................................ |
.$1,000 |
|
(B) |
Transfer Stations, Composting, Material Recovery Facilities ....................... |
$500 |
Post Closure Fees are assessed annually throughout the post closure period for each permit category subject to post closure monitoring.
|
Class 1, Class 3C, Class 3N, Class 3T, Class 4 ..................................................................... |
$500 |
For purposes of this Chapter, there shall be no fee charged for minor permit modifications involving only administrative permit amendments or corrections.
In accordance with Ark. Code Ann. § 8-4-230(a)(3), as amended, there may be an initial processing fee of two hundred dollars ($200.00) assessed for all requests for variances from the requirements of any permit issued by the Division or any interim authority request to construct or operate during the permit application review and issuance process. The fee shall not be required for a request for an extension of any existing variance or interim authority.
If a variance or interim authority request is denied, the processing fee is non-refundable.
All laboratory certificates previously issued under Regulation Number 13, Laboratory Certification Fee Regulation, shall remain in effect for the full period of time for which they were issued. Application for initial certificate and application for renewed certificate, whether issued under Regulation Number 13 or under Rule Number 9, shall comply with the requirements of Rule 9.801 through Rule 9.803 and other applicable requirements of Rule Number 9.
|
(A) |
Initial certificate, including up to ten parameters .......................................... |
$500 |
|
(B) |
Renewed certificate, including up to ten parameters ..................................... |
$500 |
|
(C) |
For each parameter in addition to the first ten ............................................... |
$ 10 |
|
(D) |
Each of the following categories: |
|
|
(1) Dioxins and Furans ............................................................................ |
$ 50 |
|
|
(2) Herbicides .......................................................................................... |
$ 50 |
|
|
(3) Volatile organics ................................................................................ |
$ 50 |
|
|
(4) Semivolatile organics......................................................................... |
$ 50 |
|
|
(5) Pesticides and PCB's ......................................................................... |
$ 50 |
|
|
(6) Acute and/or Chronic Toxicity Testing .............................................. |
$250 |
The Division shall undertake a biennial re-evaluation of the permit fee schedule as contained in this rule within sixty (60) days of receiving its approved budget for the next biennium. The evaluation shall reflect the current needs of the Division to perform essential permitting, compliance, enforcement, and monitoring activities; the resources available; the balance of the permit fee fund from the previous biennium; anticipated state and federal appropriations; status of delegation of federal programs; and any other factors deemed relevant to the study by the Division.
If any applicant/permittee disagrees with the Division's decision on an assessment of fees, the applicant/permittee may appeal the decision in accordance with the applicable provisions of the Water and Air Pollution Control Act, the Solid Waste Management Act, the State Environmental Laboratory Certification Program Act, and Pollution Control and Ecology Commission Rule No. 8, Administrative Procedures.
This rule is effective ten (10) days after filing with the Secretary of State, the State Library, and the Bureau of Legislative Research.
