Idaho Administrative Code
Title IDAPA 58 - Environmental Quality, Department of
Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM
Section 58.01.25.110 - FEE SCHEDULE FOR IPDES PERMITTED FACILITIES

Universal Citation: ID Admin Code 58.01.25.110

Current through August 31, 2023

01. Effective Date. Annual fees must be paid for each fee year beginning one (1) year after the effective date of the IPDES program for the affected category of discharger and continuing for each succeeding year. (3-24-22)

02. Fee Schedule. (3-24-22)

a. Publicly and privately owned treatment works, and any other discharger designated by the Department (Subsection 105.11.a.), must pay an annual fee based on the number of equivalent dwelling units (EDUs). The fee is $1.74 per EDU. EDUs and the appropriate annual fee will be calculated according to the definition of EDUs in Section 010 by the following: (3-24-22)
i. The Department calculates facility EDUs; or (3-24-22)

ii. Existing facilities may annually report to the Department the number of EDUs served; or (3-24-22)

iii. New facilities may report to the Department the number of EDUs to be served, based on the facility planning design as part of the IPDES permit application. (3-24-22)

b. All other permitted IPDES dischargers, excluding small scale suction dredges, must pay an annual fee, an application fee, or both according to the following schedule:

Permit Type

Application

Annual

Non-POTW Individual Permits

Major

$0

$13,000

Minor

$0

$4,000

Storm Water General Permits

Construction (CGP)

1-10 acres1

$200

$0

>10-50 acres

$400

$75

>50-100 acres

$750

$100

>100-500 acres

$1,000

$400

>500 acres

$1,250

$400

Low Erosivity Waiver (CGP)

$125

$0

Industrial (MSGP) Permits

$1,500

$1,000

Cert. of No Exposure (MSGP)

$250

$100

Other General Permits

$0

$0

1This includes NOIs for construction that will disturb one or more acres of land, or will disturb less than one acre of land but are part of a common plan of development or sale that will ultimately disturb one or more acres of land. (3-24-22)

03. Fee Assessment. (3-24-22)

a. An annual fee assessment will be generated for each IPDES-permitted facility for which an annual fee is required as set forth in Subsection 110.02. Annual fees will be determined based on the twelve (12) months between October 1 and September 30 of the following calendar year. (3-24-22)

b. Application Fees and Annual Fees. (3-24-22)
i. Application fees, as identified in Subsection 110.02.b., are assessed at the time of application for coverage under an individual permit, or notice of intent for coverage under a general permit. (3-24-22)

ii. Owners or operators of multi-year storm water facilities or construction projects are subject to annual fees that will be assessed in the year (October through September) immediately following the receipt of the application or notice of intent for coverage. (3-24-22)

c. Assessment of annual fees will consider the number of months a permittee was covered under either a general or an individual permit in a given year (October through September of the following calendar year). If the permittee was covered for less than a full twelve (12) months, the assessed fee will be pro-rated to account for less than a full year's coverage under the permit. (3-24-22)

04. Billing. For those permitted facilities subject to an annual fee, the annual fee will be assessed and a statement will be mailed by the Department on or before July 1 of each year. (3-24-22)

05. Payment. (3-24-22)

a. Payment of the annual fee is due on October 1, unless it is a Saturday, Sunday, or legal holiday, in which event the payment is due on the successive business day. (3-24-22)

b. If a POTW serves five hundred seventy-five (575) EDUs or more, the facility may request to divide its annual fee payment into equal monthly or quarterly installments by submitting a request to the Department on the proper request form provided with the initial billing statement. (3-24-22)
i. The Department will notify an applicable POTW, in writing, of approval or denial of a requested monthly or quarterly installment plan within ten (10) business days of the Department receiving such a request. (3-24-22)

ii. If a POTW has been approved to pay monthly installments then each installment is due by the first day of each month, unless it is a Saturday, a Sunday, or a legal holiday, in which event the installment is due on the next business day. (3-24-22)

iii. If a POTW has been approved to pay quarterly installments then each installment is due by the first day of the month of each quarter (October 1, January 1, April 1, and July 1), unless it is a Saturday, a Sunday, or a legal holiday, in which event the installment is due on the next business day. (3-24-22)

c. Payment of the application fee is due with the application for an individual permit or notice of intent for coverage under a general permit. (3-24-22)

06. Delinquent Unpaid Fees. A permittee covered under either a general permit or an individual permit will be delinquent in payment if the annual fee assessed has not been received by the Department by November 1; or if having first opted to pay monthly or quarterly installments, its monthly or quarterly installment has not been received by the Department by the last day of the month in which the monthly or quarterly payment is due. (3-24-22)

07. Suspension of Services and Disapproval Designation. For any permittee delinquent in payment of fees assessed under Subsections 110.02 and 110.06: (3-24-22)

a. In excess of ninety (90) days, the Department will suspend all technical services it provides. The permittee will receive a warning letter that identifies administrative enforcement actions the Department may pursue if the permittee does not comply with the terms of the permit. (3-24-22)

b. In excess of one hundred and eighty (180) days, the Department will consider the permittee in noncompliance with permit conditions and these rules, and subject to provisions described in Section 500 (Enforcement) of these rules. (3-24-22)

08. Reinstatement of Suspended Services and Approval Status. For any permittee for which delinquency of fee payment pursuant to Subsection 110.07 has resulted in the suspension of technical services, determination of non-compliance of permit condition, or both, the continuation of technical services, determination of compliance based on payment of fee, or both will occur upon payment of delinquent annual fee assessments. (3-24-22)

09. Enforcement Action. Nothing in Section 110 (Fee Schedule for IPDES Permitted Facilities) waives the Department's right to undertake a non-fee related enforcement action at any time, including seeking penalties, as provided in Sections 39-108, 39-109, and 39-117, Idaho Code. (3-24-22)

10. Responsibility to Comply. Subsection 110.07 does not relieve any permittee from its obligation to comply with all applicable state and federal statutes, rules, regulations, permits, or orders. (3-24-22)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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