Ala. Admin. Code r. 770-X-9-.11 - Inspection And Supervision Fees

(1) Each wastewater management entity doing business in this state and subject to the jurisdiction of the Commission shall pay a fee each year for the inspection and supervision of such business during the next preceding fiscal year. Such inspection and supervision fees shall be paid by such wastewater management entities in addition to any and all property, franchise, license, intangible and other taxes, fees and charges now or hereafter provided by law. No similar inspection and supervision fees shall be levied or assessed by any county or municipality of the state, and no part of such inspection and supervision fees shall be allowed to any county or municipality of this state. Such inspection and supervision fees shall be measured by the amount of gross receipts of each such wastewater management entity for the fiscal year next preceding the dates herein fixed for the payment of the same, except that in case of such wastewater management entities engaged in interstate business, the fees shall be measured by the gross receipts of such wastewater entities from intrastate business only, for such preceding fiscal year, and not in any respect upon receipts derived wholly or in part from interstate business. Such fees shall be ascertained as follows: A fee of $2.85 per $1,000.00 for the first $100,000.00 or less of such gross receipts; a fee of $2.35 per $1,000.00 for each additional $1,000.00 of such gross receipts up to and including $1,000,000.00 thereof; a fee of $1.85 per $1,000.00 for each additional $1,000.00 of such gross receipts over $1,000,000.00 thereof, but in no case shall said fee be less than $2 5.00, which shall be the minimum inspection and supervision fee to be paid by any wastewater management entity. The Commission shall keep a true record of all such amounts so paid to it, under this subsection but said amounts, when received by the Commission, shall be promptly paid over to the treasurer, and shall be held in the Commission's operating fund by, and shall be paid out by the treasurer in payment of expenses incurred by the Commission under this title upon warrants drawn as provided by law upon the treasurer and approved as required by law. Payment of the supervision and inspection fees provided for hereunder shall in all respects be governed by the provisions of subsections (2) and (3) of this rule.

(2) Supervision and inspection fees provided for in this rule shall be in default after November 1 of each year, if not paid prior to or on that date. In the event that the amount payable by any wastewater management entity for any year cannot be ascertained on or before November 1 of a given year, such wastewater management entity shall, in any event, pay the minimum supervision and inspection fee herein provided and in addition such part of any additional supervision and inspection fee as may be ascertainable on or before the date of default; and when any further or additional amount payable for year can be ascertained, the same shall be paid within 30 days after it becomes possible to ascertain the same. Any wastewater management entity failing in whole or in part to pay any supervision or inspection fee, or part thereof, due by it within any of the time herein prescribed for payment of the same, shall be in default and shall be liable to a penalty of not exceeding $50.00 per day, to be recovered by suit of the state, for every day it thereafter remains in default, and such penalty may be recovered together with the supervision and inspection fee in default, in a single action.

(3) The state shall have a lien upon all the property in this state of any wastewater management entity for the payment of the supervision and inspection fees provided for in this chapter to be paid and the penalties in this chapter provided for, which lien shall be superior to all other liens, except the lien for state, county and municipal taxes.

Notes

Ala. Admin. Code r. 770-X-9-.11

Effective as Interim Rule: August 2009. Filed with LRS February 5, 2013. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on February 5, 2013, pursuant to Code of Ala. 1975, § 41-22-7.

Author: Alabama Public Service Commission

Statutory Authority: Code of Ala. 1975, §§ 22-25B-6, 22-25B-7.