Arizona Administrative Code Title 18, C



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Arizona Administrative Code Title 18, Ch. 14

Department of Environmental Quality - Permit and Compliance Fees

TITLE 18. ENVIRONMENTAL QUALITY

CHAPTER 14. DEPARTMENT OF ENVIRONMENTAL QUALITY
PERMIT AND COMPLIANCE FEES


ARTICLE 1. WATER QUALITY PROTECTION FEES

Article 1, consisting of Sections R18-14-101 through R18-14-108, adopted effective November 15, 1996 (Supp. 96-4).

Section

R18-14-101. Definitions

R18-14-102. Hourly Rate and Maximum Fees for Water Quality Protection Services

Table 1. Repealed

R18-14-103. Initial Fees

R18-14-104. Annual Fees for Water Quality Protection Services Subject to Hourly Rate Fee

Schedule A. Repealed

Schedule B. Repealed

Schedule C. Repealed

Schedule D. Repealed

R18-14-105. Fee Assessment and Collection

R18-14-106. Reconsideration of a Bill; Appeal Process

R18-14-107. Effect on County Fees

R18-14-108. APP Water Quality Protection Services Flat Fees

R18-14-109. AZPDES Water Quality Protection Services Flat Fees

R18-14-110. Reclaimed Water Flat Fees

R18-14-111. Other Flat Fees

R18-14-112. Implementation

R18-14-113. Annual Report

ARTICLE 2. PUBLIC WATER SYSTEM
DESIGN REVIEW FEES


Article 2, consisting of Sections R18-14-201 through R18-14-202 and Table 1, made by final rulemaking at 14 A.A.R. 4102, effective December 6, 2008 (Supp. 08-4).

Section

R18-14-201. Definitions

R18-14-202. Flat Rate Fees

Table 1. Design Review Service Fees

ARTICLE 1. WATER QUALITY PROTECTION FEES

R18-14-101. Definitions

In addition to the definitions in A.R.S. §§ 49-201, 49-241.02, 49-255, 49-331, and A.A.C. R18-9-101, A.A.C. R18-9-701, and A.A.C. R18-9-A901, the following terms apply to this Article:

1. “APP” means an Aquifer Protection Permit.

2. “Complex modification” means:

a. A revision of an individual Aquifer Protection Permit for a facility within a mining sector as defined in A.R.S. § 49-241.02(F)(1); and

b. A revision of an individual Aquifer Protection Permit for a facility within a non-mining sector due to any of the following:

i. An expansion of an existing pollutant management area requiring a new or relocated point of compliance;

ii. A new subsurface disposal including injection or recharge, or new wetlands construction;

iii. Submission of data indicating contamination, or identification of a discharging facility or pollutants not included in previous applications that requires reevaluation of BADCT; or

iv. Closure of a facility that cannot meet the clean closure requirements of A.R.S. § 49-252 and requires post-closure care, monitoring, or remediation.

3. “Courtesy review” means a design review service that the Department performs within 30 days from the date of receiving the submittals, of the 60 percent completion specifications, design report, and construction drawings for a sewage collection system.

4. “Priority review” means a design review service for an APP Type 4 permit application that the Department completes using not more than 50 percent of the total review time-frame for the applicable Type 4 permit application as specified in 18 A.A.C. 1, Table 10.

5. “Request” means a written application, notice, letter, or memorandum submitted by an applicant to the Department for water quality protection services. The Department considers a request made on the date it is received by the Department.

6. “Review hours” means the hours or portions of hours that the Department’s staff spends on a request for a water quality protection service. Review hours include the time spent by the project manager and technical review team members, and if requested by the applicant, the supervisor or unit manager.

7. “Review-related costs” means any of the following costs applicable to a specific request for water quality protection service:

a. Presiding officer services for public hearings on a permitting decision,

b. Court reporter services for public hearings on a permitting decision,

c. Facility rentals for public hearings on a permitting decision,

d. Charges for laboratory analyses performed during the review, and

e. Other reasonable and necessary review-related expenses documented in writing by the Department and agreed to by an applicant.

8. “Standard modification” means an amendment to an individual Aquifer Protection Permit that is not a complex modification.

9. “Water quality protection service” means:

a. Reviewing a request for an APP determination of applicability;

b. Issuing, renewing, amending, transferring, or denying an aquifer protection permit, an AZPDES permit, or a reclaimed water permit;

c. Reviewing supplemental information required by a permit condition, including closure for an APP;

d. Performing an APP clean closure plan review;

e. Issuing or denying a Certificate of Approval for Sanitary Facilities for a Subdivision;

f. Registering or transferring registration of a dry well;

g. Conducting a site visit;

h. Reviewing proprietary and other reviewed products under A.A.C. R18-9-A309(E);

i. Reviewing, processing, and managing documentation related to an AZPDES general permit, including a notice of intent, notice of termination, certificate of no exposure, and waiver;

j. Registering and reporting land application of biosolids; or

k. Pretreatment program review, inspection, or audit.

Historical Note

Adopted effective November 15, 1996 (Supp. 96-4). Amended by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1). Amended by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2).

R18-14-102. Hourly Rate and Maximum Fees for Water Quality Protection Services

A. The Department shall assess and collect an hourly rate fee for a water quality protection service, except for minor permit amendments specified under A.A.C. R18-9-A211(C)(1), (2) and (3) and A.A.C. R18-9-B906(B), unless a flat fee is otherwise designated in this Article.

B. Hourly rate fees. The Department shall calculate the fee using an hourly rate of $122, multiplied by the number of review hours to provide a water quality protection service, plus any applicable review-related costs, up to the maximum fee specified in subsection (C). The Department shall not charge an applicant for the first 60 minutes of Department pre-application consultation time costs for the project manager.

C. Maximum fees for a water quality protection service assessed at an hourly rate are as follows:

Program Area

Permit Type

Maximum Fee

APP

Individual or area-wide

$200,000

APP

Complex modification to individual or area-wide

$150,000

APP

Clean closure of facility

$50,000

APP

Standard modification to individual or area-wide (per modification up to the maximum fee, and modification can be reassigned under A.A.C. R18-1-516):







§ Maximum fee (cumulative per submittal)

$150,000




§ Modification under A.A.C. R18-9-A211(C)(1) through (3)

No fee




§ Modification under A.A.C. R18-9-A211(C)(4) through (6)

$5,000




§ Modification under A.A.C. R18-9-A211(C)(7), (D)(2)(b) through (i), and (k) through (l)

$15,000




§ Modification under A.A.C. R18-9-A211(D)(2)(a) and (j)

$25,000




§ Modification under A.A.C. R18-9-A211(B) that is not classified as complex modification under R18-14-101(2)

$25,000

APP

For an APP issued before July 1, 2011, the fee for a submittal required by a compliance schedule is assessed per submittal and cumulative up to the maximum fee. The applicable maximum fee for all compliance schedule submissions shall be according to one of the three maximum fee categories listed below. The maximum fee is for the lifetime of the APP unless a new compliance schedule is established in the APP due to a modification that is classified as both a significant amendment under A.A.C. R18-9-A211(B) and a complex modification under R18-14-101(2)







§ For a permit with a compliance schedule where one or more submissions require a permit modification that requires a determination or reevaluation of BADCT, the fee is assessed as described above for each standard modification, with a maximum fee for the permit’s entire compliance schedule of:

$150,000




§ For a permit with a compliance schedule where one or more submissions require a permit modification, but no determination or reevaluation of BADCT is required, the fee is assessed as described above for each standard modification, with a maximum fee for the permit’s entire compliance schedule of:

$100,000




§ For a permit with a compliance schedule requiring one or more submissions that require ADEQ review but do not require a permit modification, the maximum fee for the permit’s entire compliance schedule is:

$100,000

APP

For an APP issued on or after July 1, 2011, the fee for a submittal required by a compliance schedule is assessed per submittal and cumulative up to the maximum fee for the lifetime of the APP

$100,000

APP

Determination of applicability

$15,000

APP

Reviewing proprietary and other reviewed products under A.A.C. R18-9-A309(E)

$15,000

AZPDES

Individual permit for municipal separate storm sewer system

$40,000

AZPDES

Individual permit for wastewater treatment plant (based on gallons of discharge per day)







§ 3,000 to 99,999

$15,000




§ 100,000 to 999,999

$20,000




§ 1,000,000 to 9,999,999

$30,000




§ 10,000,000 or more

$50,000

AZPDES

Individual permit for a facility or activity that is not a wastewater treatment plant or a municipal separate storm sewer

$30,000

AZPDES

Amendment to an individual permit

$12,500

AZPDES

Approval of a new or revised pretreatment program under AZPDES

$10,000

AZPDES

Consolidated individual permit for multiple AZPDES individual permits, as allowed under A.A.C. R18-9-B901(C)

Aggregate of the applicable maximum fees

Reclaimed

Reclaimed water individual permit

$32,000

Table 1. Maximum Fees

Historical Note

Adopted effective November 15, 1996 (Supp. 96-4). Amended by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1). Amended by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2).

Table 1. Repealed

Historical Note

New Table adopted by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1). Table 1 repealed by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2).



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