Florida Administrative Code (Last Updated: March 13, 2024) |
62. Department of Environmental Protection |
D62. Departmental |
62-4. Permits |
62-4.052. Regulatory Program and Surveillance Fees for Wastewater Facilities or Activities Discharging to Surface Waters
1(1) Scope and Intent. As authorized in Section 9403.087(6), F.S., 11this rule implements annual regulatory program and surveillance fees (annual fees) for wastewater and stormwater permits. These fees are in addition to the application fees described in Rule 3962-4.050, 40F.A.C., and effect the legislative intent that the Department’s costs for administering the National Pollutant Discharge Elimination System (NPDES) be borne by regulated parties. As such, the annual fees are applicable only to facilities and activities subject to regulation under Chapters 62-620, 62-621 and 62-624, F.A.C., pursuant to Section 89403.0885, F.S., 91and the NPDES program.
95(2) Annual fees for the regulatory program and surveillance of wastewater and stormwater facilities are not refundable and shall be due and payable as follows:
120(a) In the initial year the Department administers a new component of the NPDES program, annual fees shall be required for all facilities which have an NPDES permit for which the Department is granted administrative authority. The amount due shall be the applicable annual fee described in subsection (5), (6), (8), (9), (10), (11) or (13) of this section, pro-rated to the portion of the calendar year from October 22, 2000 to the end of the calendar year, and are due and payable no later than 60 days after October 22, 2000.
212(b) In all subsequent years, the entire annual fee shall be due and payable no later than January 15 each year for all facilities that are subject to regulation under Section 243403.0885, F.S., 245on that date.
248(c) When a new wastewater facility or activity is issued a permit under either Chapter 62-620, 62-621, or 62-624, F.A.C., pursuant to Section 271403.0885, F.S., 273the first annual fee shall be due no later than 60 days after permit issuance. The amount due shall be the applicable annual fee described in subsection (5), (6), (8), (9), (10), (11), or (13) of this section, pro-rated to the remaining portion of the calendar year in which the permit is issued. Thereafter, the fee shall be due and payable pursuant to paragraph (b) above.
339(d) When a new wastewater facility or activity is provided notice of coverage by the Department under a generic permit, the first annual fee shall be due no later than 60 days after notice of coverage is received by the permittee. The amount due shall be the applicable annual fee under this section, pro-rated to the remaining portion of the calendar year in which generic permit coverage is obtained. Thereafter, the fee shall be due and payable pursuant to paragraph (b) above.
421(3) Non-payment or late payment of an annual fee shall be grounds for enforcement action pursuant to Sections 439403.121, 440403.141 441and 442403.161, F.S. 444Non-payment of an annual fee shall be grounds for revocation of the wastewater or stormwater permit or denial of an application for renewal of the wastewater or stormwater permit.
473(4) When a permit is revised in a manner which places the facility in a different annual fee category, the fee shall be changed as appropriate and the new fee shall be due no later than the January 15 following permit revision.
515(5) The annual fees for domestic wastewater facilities authorized to discharge to surface waters shall be based on the permitted capacity of the discharge to surface waters except for discharges to surface waters which serve as backup discharges for permitted reuse systems. The annual fees for permits to discharge to surface waters which serve as backup discharges for permitted reuse systems, including limited wet weather discharges, shall be based on an adjusted surface water discharge permitted capacity. This adjusted capacity shall be used only for the purpose of establishing the annual fee under this section. The adjusted surface water discharge permitted capacity shall be equal to the actual permitted capacity of the discharge to surface waters minus 70 percent of that portion of the discharge to surface waters which serves as a backup:
648(a) 20 mgd and above
653$7,000
655(b) 10 mgd up to, but less than, 20 mgd
665$6,750
667(c) 5 mgd up to, but less than, 10 mgd
677$6,500
679(d) 2 mgd up to, but less than, 5 mgd
689$6,250
691(e) 1 mgd up to, but less than, 2 mgd
701$6,000
703(f) 0.5 mgd up, but less than, 1 mgd
712$5,625
714(g) 0.1 mgd up to, but less than, 0.5 mgd
724$3,375
726(h) 0.025 mgd up to, but less than, 0.1 mgd
736$1,125
738(i) 0.010 mgd up to, but less than, 0.025 mgd
748$300
749(j) Less than 0.010 mgd
754$200
755(6) The annual fees for industrial wastewater facilities or activities permitted to discharge to surface waters are based, using only their discharges to surface waters, on the group classifications used in subparagraphs 78762-4.050(4)(c)1. 788through 7., F.A.C., and the classification of Minor or Major as defined in subsection 80262-620.200(22), 803F.A.C., and are as follows:
808Major
809Minor
810(a) Group 1
813$11,500
815$8,600
817(b) Group 2
820$7,700
822$5,800
824(c) Group 3
827$3,800
829$2,900
831(d) Group 4
834$3,800
836$2,900
838(e) Group 5A
841$9,200
843$6,900
845(f) Group 5B
848$6,100
850$4,600
852(g) Group 5C
855$3,100
857$2,300
859(h) Group 5D
862$1,150
864$850
865(i) Group 6A
868$9,200
870$6,900
872(j) Group 6B
875$4,600
877$3,500
879(k) Group 6C
882$2,300
884$1,700
886(l) Group 6D
889$800
890$600
891(m) Group 7A
894$7,700
896$5,800
898(n) Group 7B
901$4,600
903$3,500
905(o) Group 7C
908$3,100
910$2,300
912(p) Group 7D
915$1,500
917$1,100
919(7) The following provisions apply in specific circumstances:
927(a) A permitted facility which falls in more than one of the fee categories in subsections (5) or (6) shall not be subject to multiple fees, but shall pay the larger of the fees. However, multiple wastewater permits issued pursuant to Chapter 62-620, F.A.C., authorizing discharges to surface waters through a common outfall shall be subject to individual fees; and
987(b) When the discharge to surface waters consists of both stormwater and wastewater, the annual fee for categories which vary according to the flow of the facility shall be based on the volume of the wastewater permitted to be discharged. However, facilities with stormwater-only discharges regulated in its wastewater permit pursuant to Section 62-620.445, F.A.C., shall pay an additional $200 per outfall per year, up to the maximum amount set forth in Section 1060403.087(6), F.S. 1062The additional fee for stormwater-only discharges does not apply to internal stormwater streams.
1075(8) The annual fee for domestic or industrial wastewater facilities or activities which fall in one of the categories below shall be as follows:
1099(a) Facilities which use an underground injection well for effluent disposal
1110$200
1111and are permitted to discharge to surface water only during mechanical
1122integrity tests
1124(b) Facilities which use evaporation/percolation ponds or holding ponds and land application as their primary means of disposal and are permitted to discharge to surface waters only after storm events or during control structure testing, as specified in the permit:
11641. That do not include effluent limitations on internal waste streams
1175$200
1176established to protect surface water quality
11822. That include effluent limitations on internal waste streams established to
1193$2400
1194protect surface water quality
1198(c) Facilities which are permitted to discharge to surface waters only for
1210$200
1211emergencies, as specified in the permit
1217(d) The annual fees described in paragraphs (a) through (c) of this subsection shall be the only annual fee for such facilities, except as provided in subsections 124462-4.052(10) 1245and 124662-4.052(11), 1247F.A.C., and shall be due and payable regardless of whether a discharge actually occurs during the year.
1264(9) The annual fee for petroleum contaminated ground water clean up projects authorized to discharge to surface waters for more than 30 days under the generic permit for petroleum fuel contaminated ground water clean up is $2,850 annually. There shall be no annual fee for projects authorized to discharge to surface water for less than 30 days or for discharges of uncontaminated produced ground water.
1330(10) The annual fee for Phase 1336I 1337municipal stormwater facilities, and Phase 1342II 1343facilities subject to an individual permit, as regulated under Chapter 62-624, F.A.C., shall be as follows:
1359(a) Fees for each Municipal Separate Storm Sewer System (MS4) permit shall cover the cost of surveillance and the regulatory program, including processing of annual reports, revisions, and permit applications and re-applications. Annual fees for MS4s shall be based on the total MS4 permit population. The total MS4 permit population is equal to the sum of the populations of each of the named co-permittees to a MS4 permit. Populations used for all MS4 fee determinations shall be the 14372005 1438estimates as listed in the 14432006 1444edition of the Florida Statistical Abstract, published by the Bureau of Economic and Business Research, 1459University 1460of 1461Florida1462. Fees are calculated using the formulas established in paragraph 147262-4.052(10)(d), 1473F.A.C. Total permit populations and associated fees are indicated for each permit below:
1486Permit
1487Total Population
1489Fee
14901.
1491Bradenton
149254,1493303
1494$14954,1496340
14972.
1498Broward
14991,1500410,561
1502$150348,1504264
150531506.
1507Escambia
1508303,1509623
1510$151120,1512591
151341514.
1515Ft. 1516Lauderdale
15171151871,1519344
1520$115217,1522284
152351524.
1525Hialeah
15262152730,15284152907
1530$115318,760
153361534.
1535Hillsborough
1536783,1537007
1538$1539315402,1541575
154271543.
1544Hollywood
15451154643,1547025
1548$115496,1550576
155181552.
1553Jacksonville
1554837,1555983
1556$155733,1558950
155991560.
1561Jacksonville Beach
1563215641,1565531
1566$2,1567702
15681156901570.
1571Lee
1572549,1573442
1574$157526,1576736
15771157811579.
1580Leon
1581915826,1583330
1584$15856,1586442
15871158821589.
1590Manatee
1591247,1592471
1593$115949,1595187
15961159731598.
1599Miami
16003160186,1602882
1603$160422,1605672
16061160741608.
1609Miami1610-Dade 1611County
16121,720,800
1615$161656,1617020
16181161951620.
1621Orange
1622821,1623519
1624$162533,16265162738
16281162961630.
1631Orlando
1632217,1633567
1634$116358,1636439
16371163871639.
1640Palm Beach 1642County
16431,262,520
1646$164744,1648563
16491165081651.
1652Pasco
1653404,1654930
1655$165623,1657123
1658191659.
1660Pinellas
16616916621,1663971
1664$166530,16662916679
16682166901670.
1671Polk
167251673416741,16758167640
1677$216786,167951680416816
16822168311684.
1685Reedy Creek District
168882,16893169000
1691$16925,16937169440
16952169621697.
1698St. Petersburg
17002170153,1702902
1703$117049,1705348
17062170731708.
1709Sarasota
17103617117,1712867
1713$171422,1715197
17162171741718.
1719Seminole
1720411,1721744
1722$172323,17242172594
17262172751728.
1729Tallahassee
173011731717324,1733781
1734$117357,1736370
17372173861739.
1740Tampa
1741326,1742519
1743$174421,1745163
1746271747.
1748Temple 1749Terrace
1750217512,1752020
1753$2,1754726
1755(b) Except as provided in paragraph 176162-4.052(10)(c), 1762F.A.C., permittees and co-permittees to each permit will be invoiced individually for their respective share of the annual fee. The individual fee shall be pro-rated based on the percentage of each co-permittee’s population as compared to the total permit population listed above. Additional fees apply as follows:
18091. Invoices under this subsection shall be a minimum of $100 to cover processing costs.
18242. For co-permittees that do not have associated populations, such as Florida Department of Transportation Districts and Drainage Districts, other than existing state water management districts, the fee shall be $1,18558751856.
1857(c) For convenience, co-permittees of any one permit may choose to receive only one invoice to cover the entire annual fee. In order to receive one invoice, co-permittees to any one permit shall:
18901. Mutually agree to share the cost of the annual fee and be party to an executed interlocal agreement for cost sharing among all co-permittees.
19152. Designate a specific co-permittee to act as representative for all co-permittees regarding the annual fee. The fee designee shall notify the Department in writing, not less than 120 days prior to the end of a calendar year, that only one invoice will be required for the annual fee for the forthcoming calendar year.
19693. The above notification shall identify the co-permittee responsible for the fee transaction and shall specify the name and address of the contact person for invoicing. The identified co-permittee is responsible for paying the entire annual fee to the Department.
20094. After the initial annual fee billing cycle, one invoice shall continue to be sent to the fee designee established by the above process until a change is requested in accordance with subparagraph 204262-4.052(10)(c)5., 2043F.A.C., below.
20455. To effect a change regarding the fee designee, the Department must be notified in writing, not less than 120 days prior to the end of a calendar year, that the co-permittee responsible for the fee transaction has changed, or that fees should be invoiced individually in accordance with paragraph 209562-4.052(10)(b), 2096F.A.C. Notification of such changes shall be in accordance with the requirements of this subsection.
2111(d) Annual fees for Phase 1 MS4s and Phase 11 MS4s permitted individually and not under a generic permit, that have an initial permit issuance occurring after 2138October 1, 2000, 2141shall be based on the following formulas:
21481. For MS4 permits with total populations less than 19,999: $2160800 2161plus $0.021635 2164times the total permitted population.
21692. For MS4 permits with total populations greater than 20,000 but less than 99,999: $1,2186625 2187plus $0.021895 2190times the total permitted population.
21953. For MS4 permits with total populations greater than 100,000: $122073,22080220900 plus $0.0222125 2213times the total permitted population.
2218(11) Stormwater discharge associated with industrial activity permitted under Chapter 62-620, F.A.C., shall pay an additional $200 per outfall per year, up to the maximum amount set forth in Section 2248403.087(6), F.S., 2250unless the activity is already subject to the fee provisions of paragraph 226262-4.052(7)(b), 2263F.A.C.
2264(12) There shall be no annual fee for use of the general permits in Chapter 62-660, F.A.C.
2281(13) In addition to any annual fees described in subsections (5) and (8) of this section, a municipality which has an approved pretreatment program shall pay an additional $500 annually.
2311Specific Authority 2313403.061, 2314403.087(6) FS. 2316Law Implemented 2318403.087(6), 2319403.0885 FS. 2321History–New 23224-30-95, 2323Amended 232410-22-00, 23257-8-02, 232610-31-072327.