Current through Register Vol. 56, No. 18, September 16, 2024
(a) Fees charged for
treatment works approvals shall be calculated as follows:
1. Applicants for a treatment works approval shall
be categorized based on the construction costs of their projects as follows:
i. Category 1 includes projects where the
construction costs are greater than $ 1,000,000;
ii. Category 2 includes projects where the
construction costs are greater than $ 250,000 but are less than or equal to $
1,000,000.
iii. Category 3 includes
projects where the construction costs are less than or equal to $ 250,000.
2. Fees for treatment works approvals
shall be based upon the coefficient "P" where:
i.
"P" = EB/[T1 + 2(T2) + 4(T3) + 1,500,000(N1) + 500,000(N2)];
ii. "EB" = the estimated budget for the
Department's treatment works approval program for the forthcoming fiscal
year;
iii. "T1" = the sum of the
construction costs for all projects in Category 1 from the prior fiscal
year;
iv. "T2" = the sum of the
construction costs for all projects in Category 2 from the prior fiscal
year;
v. "T3" = the sum of the
construction costs for all projects in Category 3 from the prior fiscal
year;
vi. "N1" = the total number of
projects in Category 1 from the prior fiscal year; and
vii. "N2" = the total number of projects in
Category 2 from the prior fiscal year.
3. All applicants for a treatment works approval
shall pay one of the following fees based upon the category in which the project
falls as determined by (a)1 above:
i. Category 1
fee = 4P($ 250,000) + 2P($ 750,000) + P(construction cost of the applicant's project
- $ 1,000,000);
ii. Category 2 fee =
4P($ 250,000) + 2P(construction cost of the applicant's project - $ 250,000);
or
iii. Category 3 fee = 4P(construction
cost of the applicant's project).
4. An applicant for a treatment works approval
shall pay a minimum fee of $ 850.00.
5.
The Department shall prepare an annual fee schedule report that will include the
following:
i. The coefficient "P" of the fee
formula derived from the equation in (a)2i above;
ii. A detailed financial statement showing the
estimated budget for the forthcoming fiscal year. The statement shall include a
breakdown of the treatment works approval program by account title (for example,
print and office supplies, vehicular, and maintenance of vehicles); and
iii. A detailed financial statement of the
previous fiscal year's actual expenditures including a breakdown by account titles,
total by category of treatment works approval applications reviewed, actual revenue
and any credit/deficit to be carried forward to the next fiscal year.
6. The Department shall hold a public
hearing concerning the fees to be assessed for the forthcoming fiscal year only when
projected fees exceed a 10 percent increase as compared to the previous fiscal
year's fees. The Department shall hold the hearing prior to the actual assessment of
fees. The Department shall provide public notice of the hearing in the New Jersey
Register, DEP Bulletin, and one or more newspapers with general
circulation.
7. In those years not
requiring a public hearing, publication of the forthcoming fiscal year's coefficient
"P" together with a synopsis of the fee schedule report shall appear in the New
Jersey Register, the DEP Bulletin and one or more newspapers with general
circulation.
8. The annual TWA fee
schedule report will be made available on the Department's website at
http://www.nj.gov/dep/dwq/, at any
time after public notice is published in accordance with (a)6 or 7 above, or may be
obtained by submitting a request and self addressed 10 inch by 13 inch (minimum
size) envelope to:
New Jersey Department of Environmental Protection
Environmental Regulation
Division of Water Quality
Bureau of Financing and Construction Permits
(b) Requests to extend the expiration date of a
valid treatment works approval will be processed in accordance with
7:14A-22.12. The fee for a request for
an extension of time is $ 200.00.
(c)
Request to modify a valid treatment works approval will be processed in accordance
with 7:14A-22.11. The fee for a request to
modify a treatment works approval shall be calculated based upon the construction
cost of the project change(s) in accordance with (a)1 through 3 above. If the value
of the fee so calculated is less than $ 500.00, the applicant shall pay a treatment
works approval modification minimum fee of $ 500.00.
(d) All fees shall be made payable to the
"Treasurer, State of New Jersey--Environmental Services Fund" and shall accompany
the application.
(e) Any fee under this
section that is subject to N.J.A.C. 7:1L shall be payable in installments in
accordance with N.J.A.C. 7:1L.
