Arizona Administrative Code Title 18, C



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R18-14-103. Initial Fees

A. A person shall submit the applicable fee at the time a request for a water quality protection service is submitted to the Department.

B. For each water quality protection service subject to an hourly rate fee established under R18-14-102:

1. An applicant shall submit a $2,000 initial fee at the time a request is submitted to the Department for review.

2. If requested by an applicant, the Department may set a lower initial fee when the Department estimates a review fee that is less than the applicable initial fee.

C. The Department shall not review a request for a water quality protection service if the applicant or permittee has not paid any fee due under this Article, unless the applicant or permittee has an outstanding water quality protection service bill that is under appeal pursuant to R18-14-106.

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).

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

A. Annual Registration Fees. The annual registration fee required under A.R.S. § 49-242 is in Table 2:

Table 2. APP Annual Registration Fees

Discharge or Influent per Day under the Individual APP or Notice of Disposal (in Gallons)

Annual Registration Fee

Annual Registration Fee if New Facility Under New APP Not Yet Constructed

3,000 to 9,999

$500

$250

10,000 to 99,999

$1,000

$250

100,000 to 999,999

$2,500

$500

1,000,000 to 9,999,999

$6,000

$625

10,000,000 or more

$8,500

$750


B. The Department shall assess an annual fee for an AZPDES-related water quality protection service subject to an hourly rate fee as listed in Table 3:

Table 3. AZPDES Annual Fees

Permit Type

Annual Fee

Annual Fee if New Facility Under New AZPDES Not Yet Constructed

Municipal separate storm sewer system

$10,000

N/A

Wastewater treatment plant (based on gallons of discharge per day):







§ Less than 99,999

$250

$250

§ 100,000 to 999,999

$500

$500

§ 1,000,000 to 9,999,999

$2,500

$625

§ 10,000,000 or more

$4,000

$750

Facility or activity that is not a wastewater treatment plant or municipal separate storm sewer and designated in the permit as either:







Major

$2,500

$625

Minor

$500

$500

Pretreatment program

$3,000

N/A

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


Aggregate of the applicable annual fees of each individual permit

Aggregate of the applicable annual fees of each individual permit


C. The Department shall assess an annual fee of $500 for an individual reclaimed water permit.

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).

Schedule A. Repealed

Historical Note

Schedule A adopted effective November 15, 1996 (Supp. 96-4). Schedule repealed by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1).

Schedule B. Repealed

Historical Note

Schedule B adopted effective November 15, 1996 (Supp. 96-4). Schedule repealed by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1).

Schedule C. Repealed

Historical Note

Schedule C adopted effective November 15, 1996 (Supp. 96-4). Schedule repealed by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1).

Schedule D. Repealed

Historical Note

Schedule D adopted effective November 15, 1996 (Supp. 96-4). Schedule repealed by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1).

R18-14-105. Fee Assessment and Collection

A. Billing. The Department shall bill an applicant for water quality protection services subject to an hourly rate no more than monthly, but at least quarterly. The following information shall be included in each bill:

1. The dates of the billing period;

2. The date and number of review hours itemized by employee name, position type and specifically describing:

a. Each water quality protection service performed,

b. Each facility involved and program component, and

c. The hourly rate for each water quality protection service performed;

3. A description and amount of each review-related cost incurred for the project;

4. The total fees paid to date, the total fees due for the billing period, the date when the fees are due, which shall be at least 35 days after the date on the bill, and the maximum fee for the project.

B. Final bill. After the Department makes a final determination whether to grant or deny a request for water quality protection services subject to an hourly rate fee, or when an applicant withdraws or closes the request, the Department shall prepare a final itemized bill of its review.

1. If the total fee exceeds the amount of the initial fee plus all invoicing, the Department shall issue a final itemized bill for the cost of the water quality protection services up to the applicable maximum fee established under R18-14-102.

2. If the total fee is less than the initial fee and all paid invoicing charges, the Department shall refund the difference to the applicant.

3. Fees for water quality protection services shall be paid in U.S. dollars by cash, check, cashier’s check, money order, or any other method acceptable to the Department.

4. The Department shall not release the final permit or approval until the final itemized bill is paid in full.

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).

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

A. A person may seek review of a bill by filing a written request for reconsideration with the Director.

1. The request shall specify, in detail, why the bill is in dispute and shall include any supporting documentation.

2. The written request for reconsideration shall be delivered to the Director in person, by mail, or by facsimile on or before the payment due date or within 35 days of the invoice print date, whichever is greater.

B. The Director shall make a final decision on the request for reconsideration of the bill and mail a final written decision to the person within 20 working days after the date the Director receives the written request.

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).

R18-14-107. Effect on County Fees

Nothing in this Chapter affects the authority of county or other local governments to charge fees for implementing delegated Department water quality protection programs in accordance with statutory authority.

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).

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

A. The Department shall assess a flat fee for an APP water quality protection service listed in this Section.

B. Type 1 General Permits. No fee is required, except as stated in A.A.C. R18-9-A304(A)(2).

C. Fees for Type 2 and Type 3 General Permits and related water quality protection services are listed in Table 4. For purposes of this Section, “complex” is defined in A.A.C. R18-1-501(9). “Standard” means any permit that does not meet the definition of complex.

Table 4. Type 2 and 3 General Permit Fees

Permit Description

Permit Fee

Renewal Fee

Standard Type 2

$1,500

$500

Complex Type 2

$3,000

$1,000

Standard Type 3

$4,500

$1,500

Complex Type 3

$7,500

$2,500

Amendment to Notice of Intent

Same as applicable renewal fee

N/A

Transfer of permit authorization

$50

N/A

If a site contains more than one facility covered by the same Type 2 or Type 3 General Permit and each facility is substantially similar in design, construction, and operation, the first facility is paid at the full applicable fee, and each additional facility is:

Half the applicable fee

Half the applicable fee


D. Fees for Type 4 General Permits and related water quality protection services are listed in Table 5.

Table 5. Type 4 General Permit Fees

Water Quality
Protection Service


Description

Permit Fee

4.01 General Permit:
Sewage Collection Systems


Under each Notice of Intent to Discharge, the fee is assessed on a per-component basis for the components listed below and is assessed cumulatively up to the maximum fee:







§ Maximum fee

$25,000




§ Force mains with design flow less than or equal to 10,000 gpd

$1,000




§ Each additional increment of 50,000 gpd or less of force mains

$1,000




§ Gravity sewer with design flow less than or equal to 10,000 gpd

$1,000




§ Each additional increment of 50,000 gpd or less of gravity sewer

$1,000




§ Each sewer lift station

$1,000




§ Each depressed sewer

$1,000




§ Realignment of existing sewer for a contiguous project that is less than 300 linear feet with no change in design flow or pipe size

$500

4.01 General Permit
courtesy review


If an applicant requests courtesy review, the Department shall approve or deny the request. When determining whether to approve a courtesy review request, the Department shall consider the complexity of the project and the Department’s current work load

One-third applicable fee upon submittal, then balance of fee if Notice of Intent to Discharge is submitted with final documentation within 180 days of first submittal

4.23 General Permit:
3,000 to less than 24,000 Gallons per day Design Flow


§ Onsite wastewater treatment facility with up to:

Three treatment technologies and disposal methods consisting of technologies or designs that are covered under other Type 4 general permits; and

Two onsite wastewater treatment facilities

$3,600




§ Maximum fee (cumulative)

$7,500




§ Each additional onsite wastewater treatment facility on same Notice of Intent to Discharge up to maximum fee

$1,200




§ Each additional treatment technology or disposal method consisting of technologies or designs that are covered under other Type 4 general permits on same Notice of Intent to Discharge up to maximum fee

$500

4.23 General Permit
annual report


Annual report required under A.A.C. R18-9-E323(G)

$200

Type 4
General Permits
(4.02 through 4.22)


§ Maximum fee

$3,700

§ First Type 4 general permit

$1,200

§ Each additional Type 4 general permit on same Notice of Intent to Discharge

$500

Alternative Design under A.A.C. R18-9-A312(G)

A request for an alternative design, installation, or operational feature, per alternative design:




§ Type 4.01 general permit

$750

§ All other Type 4 general permits

$250

Interceptor under
A.A.C. R18-9-A315


A design requiring an interceptor (per interceptor)

$100

Transfer

Transfer of discharge authorization

$50

Priority Review

If an applicant requests priority review, the Department shall approve or deny the request. When determining whether to approve a priority review request, the Department shall consider the complexity of the project and the Department’s current work load.

Double the Applicable Fee (including any applicable maximum fee)




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