15A NCAC 02H .0105       APPLICATION: PERMIT FEES: ASSESSMENT FOR NEW SOURCES

(a)  Except as provided in Paragraphs (d) and (e) of this Rule, any person who discharges or who proposes to discharge pollutants to the surface waters of the state or to a POTW when pretreatment of the wastewater is required shall complete, sign, and submit, in triplicate, an application accompanied by the processing fee described herein for each application in the form of a check or money order made payable to N.C. Department of Environment, Health, and Natural Resources.

The State NPDES application forms to be used for the various types of discharges are as follows:

Std. Form A:                         All municipal systems greater than or equal to 1.0 MGD and any municipal

system receiving industrial waste from a primary industry.

Short Form A:                       Any municipal system not covered by Std. Form A.

Short Form B:                      All agriculture related discharges.

Std. Form C:                         All primary industries as listed in 40 CFR 122.21, Appendix A and all other industrial

or process and commercial discharges except

EPA Forms 1 and 2‑C:        cooling waters, cooling tower blowdown, and boiler blowdown.

EPA Forms 1 and 2F:          Discharges consisting entirely of stormwater associated with industrial activity.

EPA Forms 1 and 2D:         Discharges consisting of stormwater and non‑stormwater.

Short Form C:                      Cooling waters, cooling tower blowdown, and boiler blowdown.

Short Form D:                      All domestic waste discharges not covered by Std. Form A and Short Form A.

The Authorization to Construct and Notice of Intent application forms to be used will be supplied by the Division.

(b)  Permit Fees.

(1)           Permit Application Processing Fees.  For every application for new or renewed NPDES permits, Notice of Intent to be covered by a general permit or Authorization to Construct, a nonrefundable application processing fee in the amount stated in Subparagraph (b)(5) of this Rule shall be submitted at the time of application.

(A)          Each permit or renewal application is incomplete until the processing fee is received.

(B)          For a facility with multiple discharges under a single permit, the application processing fee shall be set by the single discharge to the waters of the state with the highest fee in the fee schedule.

(C)          No application processing fee will be charged for modification of unexpired permits when the modifications are initiated by the Director.

(D)          An application processing fee of one hundred dollars ($100.00) will be charged for the minor modifications listed in Rule .0114(b) of this Section.

(E)           A full processing fee will be charged for modifications other than those listed in Rule .0114(b) of this Section; this fee will be in the same amount as shown in Subparagraph (5) of Paragraph (c) of this Rule for new applications/modifications.

(F)           Permittees requesting special orders by consent, judicial orders or flow increases under G.S. 143‑215.67(b), will pay a fee of four hundred dollars ($400.00).

(2)           Annual Administering and Compliance Monitoring Fees.  An annual fee for administering and compliance monitoring shall be charged in each year of the term of every NPDES permit, according to the schedule in Subparagraph (b)(5) of this Rule.

(A)          Collection of annual fees shall begin on the effective date of this Rule.

(B)          Annual fees must be paid for any facility operating on an expired permit after the effective date of this Rule.  The Director shall establish an anniversary date for such a facility and notify the responsible party of the requirement to pay annual administering and compliance monitoring fees.

(C)          For a facility with multiple discharges under a single permit, the annual administering and compliance monitoring fee shall be set by the single discharge to the waters of the state with the highest fee in the fee schedule.

(D)          A person with only one permit will be billed annually on an anniversary date to be determined by the Division.  This will normally be the first day of the month of permit issuance.

(E)           A person with multiple permits may have annual fees consolidated into one annual bill.

(F)           Any permittee which has maintained full compliance with all permit conditions during the previous calendar year will have its administering and monitoring annual fee reduced by 25 percent.  Permittees operating under interim limits, judicial orders, or special orders by consent will not be eligible for any discount.  Full compliance will be established if it can be certified by the Director that no Notice of Noncompliance or a Notice of Violation was sent to the permittee during the compliance period being considered.  If a Notice of Noncompliance or a Notice of Violation was based on erroneous information, the Director can send a letter of correction to the permittee clearing the record for compliance purposes.

(G)          Permit Application Processing Fees and Annual Administering and Compliance Monitoring Fees for pretreatment facilities permitted by the Division shall be at the same rate as provided in Subparagraph (b)(5) of this Rule.

(3)           No fees are required to be paid under this Rule by a farmer who submits an application or receives a permit that pertains to farming operations.

(4)           Failure to pay an annual fee within 30 days after being billed may cause the Division to initiate action to revoke the permit.

(5)           Schedule of Fees:

 

Category

 

 

Annual Administerint

And Compliance

Monitoring

 

Permit Application

Processing Fee

 

 

New Applications/

Timely Renewals

 

 

 

Modifications/

Without

 

In

 

Late Renewals

Modifications

Standard

Compliance

 

>10,000,000 GPD

Industrial

$400.

$400.

$1500.

$1125.

Domestic/Cooling Water

400.

400.

1500.

1125.

 

1,000,001 ‑ 10,000,000 GPD

Industrial

400.

300.

1500.

1125.

Domestic/Cooling Water

400.

300.

1200.

900.

 

100,001 ‑ 1,000,000 GPD

Industrial

400.

250.

800.

600.

Domestic/Cooling Water

400.

250.

600.

450.

 

1,001 ‑ 100,000 GPD

Industrial

400.

200.

600.

450.

Domestic/Cooling Water

400.

200.

450.

300.

 

</=1,000 GPD and

Single family dwelling

240.

240.

0

0

 

Stormwater ‑

Municipal Separate

Stormwater System

400.

400.

600.

450.

Industrial Activity Stormwater

400.

400.

600.

450.

 

General Permits

Construction (Stormwater)

50.

50.

n/a

n/a

Domestic

240.

240.

n/a

n/a

Others

400.

400.

n/a

n/a

 

Authorization to Construct

(Permitted Flow) 

>=100,001 GPD

200.

n/a

n/a

n/a

<=100,000 GPD

150.

n/a

n/a

n/a

<=1,000 GPD

100.

n/a

n/a

n/a

 

(6)           If the total payment for fees required for all permits under G.S. 143‑215.3(a)(1b) for any single facility will exceed seventy‑five hundred dollars ($7,500.00) per year, the total for all these fees will be reduced for this facility so that the total payment is seventy‑five hundred dollars ($7,500.00) per year.

(7)           A portion of the permit application processing fees shown in the fee schedule in Subparagraph (b)(5) of this Rule will be transferred into the Wastewater Treatment Works Emergency Maintenance, Operation and Repair Fund according to the following schedule:

(A)          All nonmunicipal facilities treating wastewater which is predominantly domestic waste with design flows of 100,000 gallons per day or less, except single family dwellings, seventy‑five dollars ($75.00);

(B)          Single family dwellings, forty dollars ($40.00);

(C)          All other facilities, zero.

(8)           When the total value of the Wastewater Treatment Works Emergency Maintenance, Operation and Repair Fund, as certified by the State Treasurer, is at least seven hundred fifty thousand dollars ($750,000.00) at the end of a quarter, the permit application processing fees for facilities with discharges of one hundred thousand gallons per day (100,000 GPD) or less shall be reduced by the amounts being transferred under Subparagraph (7) of this Paragraph.  This reduction shall continue until, at the end of some subsequent quarter, the State Treasurer certifies that the fund's balance is less than seven hundred fifty thousand dollars ($750,000.00), in which case the full amount of the permit application processing fees as listed in Subparagraph (b)(5) of this Rule shall be charged.

(9)           In order to avoid violation of the statutory limit that total permit fees collected in any year not exceed 30 percent of the total budgets from all sources of environmental permitting and compliance programs, the Division shall in the first half of each state fiscal year project revenues from all sources including fees for the next fiscal year.  If this projection shows that the statutory limit will be exceeded, rulemaking shall be commenced in order to have an appropriately adjusted fee schedule which will avoid excessive revenue collection from permit fees.

(10)         Any applicant whose facility qualifies for a general permit under Rule .0127 of this Section may pay the lower fees set in Subparagraph (b)(5) of this Rule for the appropriate general permit.

(c)  Applicants for new NPDES permits requiring construction of water pollution control facilities shall in addition to applications required in Paragraph (a) of this Rule, file, in triplicate, an engineering proposal setting forth the following information:

(1)           a description of the origin, type and flow of waste which is proposed to be discharged.  Justification and a demonstration of need shall be provided for expected flow volumes.  Flow shall be determined in accordance with 15A NCAC 2H .0219(1);

(2)           a summary of waste treatment and disposal options that were considered and why the proposed system and point of discharge were selected; the summary should have sufficient detail to assure that the most environmentally sound alternative was selected from the reasonably cost effective options;

(3)           a narrative description of the proposed treatment works including type and arrangement of major components, in sufficient detail to assure that the proposed facility has the capability to comply with the permit limits; for commonly used treatment system or components with well established treatment capabilities, detailed plans and specifications need not be submitted until the application for the authorization to construct; however, detailed plans and specifications shall be required with the permit application for any system or component without well established treatment capabilities for the nature of waste or degree of treatment needed to meet the permit limits;

(4)           a general location map, showing orientation of the facility with reference to at least two geographic references (numbered roads, named streams/rivers, etc.);

(5)           a scale location plan of the site showing location of the proposed treatment works and the proposed point of discharge;

(6)           special studies or modeling may be required in cases where the impacts of the discharge cannot be readily determined by the Division;

(7)           a statement to demonstrate financial qualification and substantial previous compliance with federal and state laws, regulations, and rules for the protection of the environment as required by G.S. 143‑215.1(b)(4)(b).

(d)  Applicants for new individual NPDES permits requiring construction of stormwater control facilities shall in addition to applications required in Paragraph (a) of this Rule, design and construct the facilities in accordance with criteria approved by the Director, or shall file in triplicate, an engineering proposal setting forth the information required in Paragraph (c) of this Rule.

(e)  Applications for permit renewals shall be accomplished by filing the appropriate application form as listed in Paragraph (a) of this Rule, with the processing fee described herein in the form of a check or money order made payable to N.C. Department of Environment, Health, and Natural Resources, at least 180 days prior to expiration of a permit.  Renewal requests received less than 180 days prior to permit expiration will be required to pay the new application/modification/late renewal fee rather than the timely renewal without modification fee.  The notice and public participation procedures set forth in Rules .0109 and .0111 of this Section shall be followed for each request for permit renewal.  An acceptable residuals management plan shall be submitted with the application for permit renewal in accordance with Rule .0138(b)(8) of this Section.  Authorizations to Construct permits for wastewater control facilities will not be subject to the notice and public participation procedures set forth in Rules .0109 and .0111 of this Section.  Authorizations to Construct may be issued for any length of time, however, the NPDES permit must be in effect at time of construction.  All applications are incomplete until required processing fees are received, and may be returned to the applicant.

(f)  Applications for permits for pretreatment facilities shall be made in triplicate upon forms approved by the Director and submitted along with applicable supporting information to the Division of Environmental Management.

(g)  Applications for permits for new discharges which propose to discharge industrial process or domestic wastewater in excess of 500,000 gallons per day or 10 MGD of cooling water to the surface waters shall file, in addition to the applications and supporting documents required in Paragraphs (a) and (b) of this Rule, an assessment which shall meet the requirements of 1 NCAC 25 .0502.  Any assessment which is required by any other state agency or any federal agency shall be deemed to comply with requirements of this Subsection provided aquatic impacts are adequately addressed.

(h)  Permits which result in construction of facilities which will be funded by public monies may require environmental documentation pursuant to North Carolina Environmental Policy Act, NCGS 113A.  NPDES permit applications for which such documentation is required will be considered incomplete until supported by the required documentation.

(i)  Applicants for permits for new nonmunicipal domestic wastewater discharges shall file a notarized statement indicating whether or not each city or county government having jurisdiction over any part of the lands on which the proposed facility is to be located has a zoning or subdivision ordinance in effect, and, if such an ordinance is in effect, whether or not the proposed facility is consistent with the ordinance.

(j)  For NPDES permits, a full disclosure of all known toxic components that can be reasonably expected to be in the discharge, including but not limited to those contained in a priority pollutant analysis, must be submitted for all primary industrial direct discharges in accordance with 40 CFR 122.21 Appendix D which are hereby incorporated by reference including any subsequent amendments and editions, and for other direct discharges as required by the Director.  This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Environmental Management, 512 N. Salisbury Street, Raleigh, North Carolina.  Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington D.C. 20402‑9325 at a cost of thirty dollars ($30.00).

 

History Note:        Authority G.S. 143‑215.1(c); 143‑215.1(c)(6); 143‑215.3(a); 143‑215.3B;

Eff. February 1, 1976;

Amended Eff. March 1, 1993; August 1, 1991; October 1, 1990; August 1, 1988.