62-4.052. Regulatory Program and Surveillance Fees for Wastewater Facilities or Activities Discharging to Surface Waters  


Effective on Wednesday, October 31, 2007
  • 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.

     

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