Legislation
SECTION 72-0602
State pollutant discharge elimination system program fees
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 72, TITLE 6
§ 72-0602. State pollutant discharge elimination system program fees.
All persons required to obtain a permit or certificate pursuant to the
state pollutant discharge elimination system (SPDES) program as defined
in section 72-0601 of this title shall submit annually to the department
a fee in an amount to be determined as follows:
a. $330.00 for any P/C/I facilities having a permit to discharge or
discharging at an average daily rate of less than 100,000 gallons;
b. $675.00 for P/C/I facilities having a permit to discharge or
discharging at an average daily rate of 100,000 gallons or more;
c. $675.00 for industrial facilities having a permit to discharge or
discharging at an average daily rate of less than 10,000 gallons;
d. $2,300.00 for industrial facilities having a permit to discharge or
discharging at an average daily rate of between 10,000 gallons and
99,999 gallons;
e. $6,700.00 for industrial facilities having a permit to discharge or
discharging at an average daily rate of between 100,000 gallons and
499,999 gallons;
f. $22,500.00 for industrial facilities having a permit to discharge
or discharging at an average daily rate of between 500,000 and 999,999
gallons;
g. $33,500.00 for industrial facilities having a permit to discharge
or discharging at an average daily rate of between 1,000,000 and
9,999,999 gallons;
h. $56,000.00 for industrial facilities having a permit to discharge
or discharging at an average daily rate of 10,000,000 gallons or more;
i. $56,000.00 for any power plant;
j. $425.00 for municipal facilities having a permit to discharge or
discharging at an average daily rate of less than 200,000 gallons;
k. $2,000.00 for municipal facilities having a permit to discharge or
discharging at an average daily rate of between 200,000 and 999,999
gallons;
l. $8,000.00 for municipal facilities having a permit to discharge or
discharging at an average daily rate of between 1,000,000 and 4,999,999
gallons;
m. $15,500.00 for municipal facilities having a permit to discharge or
discharging at an average daily rate of between 5,000,000 and 39,999,999
gallons;
n. $38,500.00 for municipal facilities having a permit to discharge or
discharging at an average daily rate of 40,000,000 gallons or more;
o. $100.00 for any facility having a permit to discharge or
discharging ballast no more than 1,000,000 gallons in any twenty-four
hour period;
p. $500.00 for any facility having a permit to discharge or
discharging ballast in excess of 1,000,000 gallons in any twenty-four
hour period;
q. $110.00 per acre disturbed plus $675.00 per future impervious acre
for any facility, not owned or managed by a local government or a state
department, agency, or authority, discharging or authorized to discharge
pursuant to a SPDES permit for stormwater discharges from construction
activity. For the purposes of this subdivision, acres disturbed are
acres subject to clearing, grading, or excavating subject to SPDES
permitting and future impervious acres are acres that will be newly
paved or roofed during construction;
r. $50.00 for a medium concentrated animal feeding operation
discharging or authorized to discharge pursuant to a general permit;
s. $50.00 for a large concentrated animal feeding operation
discharging or authorized to discharge pursuant to a general permit;
t. $110.00 for any facility, other than a municipal separate storm
sewer as defined by 40 CFR §122.26 (b) (8), discharging or authorized to
discharge pursuant to a general permit unless a specific fee is imposed
pursuant to subdivisions a through s of this section for such discharge
or authorization to discharge.
All persons required to obtain a permit or certificate pursuant to the
state pollutant discharge elimination system (SPDES) program as defined
in section 72-0601 of this title shall submit annually to the department
a fee in an amount to be determined as follows:
a. $330.00 for any P/C/I facilities having a permit to discharge or
discharging at an average daily rate of less than 100,000 gallons;
b. $675.00 for P/C/I facilities having a permit to discharge or
discharging at an average daily rate of 100,000 gallons or more;
c. $675.00 for industrial facilities having a permit to discharge or
discharging at an average daily rate of less than 10,000 gallons;
d. $2,300.00 for industrial facilities having a permit to discharge or
discharging at an average daily rate of between 10,000 gallons and
99,999 gallons;
e. $6,700.00 for industrial facilities having a permit to discharge or
discharging at an average daily rate of between 100,000 gallons and
499,999 gallons;
f. $22,500.00 for industrial facilities having a permit to discharge
or discharging at an average daily rate of between 500,000 and 999,999
gallons;
g. $33,500.00 for industrial facilities having a permit to discharge
or discharging at an average daily rate of between 1,000,000 and
9,999,999 gallons;
h. $56,000.00 for industrial facilities having a permit to discharge
or discharging at an average daily rate of 10,000,000 gallons or more;
i. $56,000.00 for any power plant;
j. $425.00 for municipal facilities having a permit to discharge or
discharging at an average daily rate of less than 200,000 gallons;
k. $2,000.00 for municipal facilities having a permit to discharge or
discharging at an average daily rate of between 200,000 and 999,999
gallons;
l. $8,000.00 for municipal facilities having a permit to discharge or
discharging at an average daily rate of between 1,000,000 and 4,999,999
gallons;
m. $15,500.00 for municipal facilities having a permit to discharge or
discharging at an average daily rate of between 5,000,000 and 39,999,999
gallons;
n. $38,500.00 for municipal facilities having a permit to discharge or
discharging at an average daily rate of 40,000,000 gallons or more;
o. $100.00 for any facility having a permit to discharge or
discharging ballast no more than 1,000,000 gallons in any twenty-four
hour period;
p. $500.00 for any facility having a permit to discharge or
discharging ballast in excess of 1,000,000 gallons in any twenty-four
hour period;
q. $110.00 per acre disturbed plus $675.00 per future impervious acre
for any facility, not owned or managed by a local government or a state
department, agency, or authority, discharging or authorized to discharge
pursuant to a SPDES permit for stormwater discharges from construction
activity. For the purposes of this subdivision, acres disturbed are
acres subject to clearing, grading, or excavating subject to SPDES
permitting and future impervious acres are acres that will be newly
paved or roofed during construction;
r. $50.00 for a medium concentrated animal feeding operation
discharging or authorized to discharge pursuant to a general permit;
s. $50.00 for a large concentrated animal feeding operation
discharging or authorized to discharge pursuant to a general permit;
t. $110.00 for any facility, other than a municipal separate storm
sewer as defined by 40 CFR §122.26 (b) (8), discharging or authorized to
discharge pursuant to a general permit unless a specific fee is imposed
pursuant to subdivisions a through s of this section for such discharge
or authorization to discharge.