Current through Register Vol. 63, No. 3, March 1, 2024
(1) OAR chapter
340, division 71 contains the fee schedule for onsite sewage disposal system
permits, including WPCF permits, and graywater reuse and disposal system WPCF
individual permits.
(2) DEQ
establishes fees for various industrial, domestic and general water quality
permits:
(a) Table 70A lists the application
and modification fees that apply to industrial NPDES and WPCF individual
permits.
(b) Table 70B lists the
annual fees that apply to industrial NPDES and WPCF individual
permits.
(c) Table 70C lists
application, modification and annual fees for domestic NPDES and WPCF
individual permits.
(d) Table 70D
lists annual population fees.
(e)
Table 70E lists annual pretreatment fees applicable to domestic wastewater
systems.
(f) Table 70I lists
application, annual and surcharge fees for Underground Injection Control rule
authorizations and general permits.
(3) DEQ must consider the following criteria
when classifying a facility for determining applicable fees. For industrial
sources that discharge to surface waters, discharge flow rate refers to the
system design capacity. For industrial sources that do not discharge to surface
waters, discharge flow refers to the total annual flow divided by 365:
(a) Tier 1 industry. A facility is classified
as a Tier 1 industry if the facility:
(A)
Discharges at a flow rate that is greater than or equal to 1 mgd; or
(B) Discharges large biochemical oxygen
demand loads; or
(C) Is a large
metals facility; or
(D) Has
significant toxic discharges; or
(E) Has a treatment system that will have a
significant adverse impact on the receiving stream if not operated properly;
or
(F) Needs special regulatory
control, as DEQ determines.
(b) Tier 1 domestic facility. A facility is
classified as a Tier 1 domestic facility if the facility:
(A) Has a dry weather design flow of 1 mgd or
greater; or
(B) Serves an industry
that can have a significant impact on the treatment system.
(c) Tier 2 industry or domestic
facility: A facility is classified as Tier 2 if it does not meet Tier 1
qualifying factors.
(4)
New permit application fee. Unless this rule does not require it, the applicant
must submit the applicable new permit application fee listed in Table 70A, 70C,
70G, or 70I with each application. The facility category and type of permit
(e.g., individual vs. general) determines the amount of the fee.
(5) Permit modification fee. Tables 70A and
70C list the permit modification fees. Modification fees for Individual WPCF
Underground Injection Control permits are contained in Table 70I. Permit
modification fees vary with the type of permit, the type of modification and
the timing of modification as follows:
(a)
Modification at time of permit renewal:
(A)
Major modification - involves an increase in effluent limitations or any other
change that involves significant analysis by DEQ;
(B) Minor modification - does not involve
significant analysis by DEQ.
(b) Modification prior to permit renewal:
(A) Major modification - involves an increase
in effluent limitations or any other change that involves significant analysis
by DEQ. DEQ may require a permittee requesting a significant modification to
their permit to enter into an agreement to pay for these services according to
ORS 468.073. ORS
468.073 allows DEQ ". . . to
expedite or enhance a regulatory process by contracting for services, hiring
additional staff or covering costs of activities not otherwise provided during
the ordinary course of department business . . . ."
(B) Minor modification - does not involve
significant analysis by DEQ.
(6) Annual fees. Tables 70B and 70G list
applicable annual fees for general and industrial permit holders. Table 70H
lists applicable annual fees for Municipal Separate Storm Sewer permits. Tables
70C, 70D, and 70E also list annual fees for domestic sources and include the
following:
(a) Annual fee. This is based on
the type of treatment system, the dry weather design flow, and the duration
assigned to the permit before a renewal application is required;
(b) Population-based fee. A permit holder
with treatment systems other than Type F (septage alkaline stabilization
facilities) must pay an annual population-based fee. Table 70D lists the
applicable fee;
(c) Pretreatment
fee. A source DEQ requires to administer a pretreatment program under federal
pretreatment program regulations (40 C.F.R., Part 403; January 29, 1981, and
its amendments) must pay an additional annual fee plus a fee for each
significant industrial user specified in their annual report for the previous
year. Table 70E lists the applicable fee.
(7) Technical activities fee. Table 70F lists
the technical activity, plan review and administrative fees. They are
categorized as follows:
(a) All permits. A
permittee must pay a fee for NPDES and WPCF individual and general
permit-related technical activities. DEQ will charge a fee for initial
submittal of engineering plans and specifications. DEQ will not charge fees for
revisions and re-submittals of engineering plans and specifications or for
facilities plans, design studies, reports, change orders, or
inspections.
(b) General permits. A
permittee must pay the technical activity fee shown in Table 70F when the
following activities are required for application review:
(A) Disposal system and environmental
management plan review;
(B) Site
inspection and evaluation.
(8) For permits the Oregon Department of
Agriculture administers, the permit applicant or permit holder must pay the
permit fees following the fee schedule the Oregon Department of Agriculture
establishes.
(9) Administrative
activity fees are listed in Table 70F:
(a) The
annual electronic reporting requirement waiver fee applies to permit holders
who qualify for a temporary or permanent waiver exempting them from submitting
data and reports electronically.
(b) A permittee must pay a fee for a transfer
of ownership as specified under OAR 340-045-0045 and for requests to change the
legal or common name on the permit issued to the facility.
To view attachments referenced in rule text,
click here to view
rule.
Statutory/Other Authority: ORS
468.020,
468B.020 & 468B.035
Statutes/Other Implemented: ORS
468.065,
468B.015,
468B.035 &
468B.050