(1) Scope and Intent. As authorized in
Section
403.087(6),
F.S., this 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
62-4.050, F.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
403.0885, F.S., and the NPDES
program.
(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:
(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
rule, 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.
(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 403.0885, F.S., on that
date.
(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
403.0885, F.S., the 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 rule, 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.
(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.
(3) Non-payment or late payment of an annual
fee shall be grounds for enforcement action pursuant to Sections
403.121,
403.141 and
403.161, F.S. Non-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.
(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.
(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:
|
(a) 20 mgd and above
|
$7,000.00
|
|
(b) 10 mgd up to, but less than, 20 mgd
|
$6,750.00
|
|
(c) 5 mgd up to, but less than, 10 mgd
|
$6,500.00
|
|
(d) 2 mgd up to, but less than, 5 mgd
|
$6,250.00
|
|
(e) 1 mgd up to, but less than, 2 mgd
|
$6,000.00
|
|
(f) 0.5 mgd up, but less than, 1 mgd
|
$5,625.00
|
|
(g) 0.1 mgd up to, but less than, 0.5 mgd
|
$3,375.00
|
|
(h) 0.025 mgd up to, but less than, 0.1 mgd
|
$1,125.00
|
|
(i) 0.010 mgd up to, but less than, 0.025 mgd
|
$300.00
|
|
(j) Less than 0.010 mgd
|
$200.00
|
(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
62-4.050(4)(c)
1. through 7., F.A.C., and the classification of Minor or Major as defined in
subsection
62-620.200(22),
F.A.C., and are as follows:
|
|
Major
|
Minor
|
|
(a) Group 1:
|
$11,500.00
|
$8,600.00
|
|
(b) Group 2:
|
$7,700.00
|
$5,800.00
|
|
(c) Group 3:
|
$3,800.00
|
$2,900.00
|
|
(d) Group 4:
|
$3,800.00
|
$2,900.00
|
|
(e) Group 5A:
|
$9,200.00
|
$6,900.00
|
|
(f) Group 5B:
|
$6,100.00
|
$4,600.00
|
|
(g) Group 5C:
|
$3,100.00
|
$2,300.00
|
|
(h) Group 5D:
|
$1,150.00
|
$850.00
|
|
(i) Group 6A:
|
$9,200.00
|
$6,900.00
|
|
(j) Group 6B:
|
$4,600.00
|
$3,500.00
|
|
(k) Group 6C:
|
$2,300.00
|
$1,700.00
|
|
(l) Group 6D:
|
$800.00
|
$600.00
|
|
(m) Group 7A:
|
$7,700.00
|
$5,800.00
|
|
(n) Group 7B:
|
$4,600.00
|
$3,500.00
|
|
(o) Group 7C:
|
$3,100.00
|
$2,300.00
|
|
(p) Group 7D:
|
$1,500.00
|
$1,100.00
|
(7)
The following provisions apply in specific circumstances:
(a) A permitted facility which falls in more
than one of the fee categories in subsection (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
(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 $200.00
per outfall per year, up to the maximum amount set forth in Section
403.087(6),
F.S. The additional fee for stormwater-only discharges does not apply to
internal stormwater streams.
(8) The annual fee for domestic or industrial
wastewater facilities or activities which fall in one of the categories below
shall be as follows:
|
(a) Facilities which use an underground injection
well for effluent disposal and are permitted to discharge to surface water only
during mechanical integrity tests.
|
$200.00
|
|
(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:
|
|
|
1. That do not include effluent limitations on
internal waste streams.
|
$200.00
|
|
established to protect surface water quality.
|
|
|
2. That include effluent limitations on internal
waste streams established to protect surface water quality.
|
$2400.00
|
|
(c) Facilities which are permitted to discharge to
surface waters only for emergencies, as specified in the permit.
|
$200.00
|
|
(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
62-4.052(10)
and 62-4.052(11),
F.A.C., and shall be due and payable regardless of whether a discharge actually
occurs during the year.
|
|
(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,
850.00 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.
(10) The annual fee for Phase I municipal
stormwater facilities, and Phase II facilities subject to an individual permit,
as regulated under Chapter 62-624, F.A.C., shall be as follows:
(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 2005 estimates as
listed in the 2006 edition of the Florida Statistical Abstract, published by
the Bureau of Economic and Business Research, University of Florida. Fees are
calculated using the formulas established in paragraph
62-4.052(10)(d),
F.A.C. Total permit populations and associated fees are indicated for each
permit below:
|
|
Permit
|
Total Population
|
Fee
|
|
1.
|
Bradenton
|
54,303
|
$4,340.00
|
|
2.
|
Broward
|
1,410,561
|
$48,264.00
|
|
3.
|
Escambia
|
303,623
|
$20,591.00
|
|
4.
|
Ft. Lauderdale
|
171,344
|
$17,284.00
|
|
5.
|
Hialeah
|
230,407
|
$18,760.00
|
|
6.
|
Hillsborough
|
783,007
|
$32,575.00
|
|
7.
|
Hollywood
|
143,025
|
$16,576.00
|
|
8.
|
Jacksonville
|
837,983
|
$33,950.00
|
|
9.
|
Jacksonville Beach
|
21,531
|
$2,702.00
|
|
10.
|
Lee
|
549,442
|
$26,736.00
|
|
11.
|
Leon
|
96,330
|
$6,442.00
|
|
12.
|
Manatee
|
247,471
|
$19,187.00
|
|
13.
|
Miami
|
386,882
|
$22,672.00
|
|
14.
|
Miami-Dade County
|
1,720,800
|
$56,020.00
|
|
15.
|
Orange
|
821,519
|
$33,538.00
|
|
16.
|
Orlando
|
217,567
|
$18,439.00
|
|
17.
|
Palm Beach County
|
1,262,520
|
$44,563.00
|
|
18.
|
Pasco
|
404,930
|
$23,123.00
|
|
19.
|
Pinellas
|
691,971
|
$30,299.00
|
|
20.
|
Polk
|
541,840
|
$26,546.00
|
|
21.
|
Reedy Creek District
|
82,300
|
$5,740.00
|
|
22.
|
St. Petersburg
|
253,902
|
$19,348.00
|
|
23.
|
Sarasota
|
367,867
|
$22,197.00
|
|
24.
|
Seminole
|
411,744
|
$23,294.00
|
|
25.
|
Tallahassee
|
174,781
|
$17,370.00
|
|
26.
|
Tampa
|
326,519
|
$21,163.00
|
|
27.
|
Temple Terrace
|
22,020
|
$2,726.00
|
(b)
Except as provided in paragraph
62-4.052(10)(c),
F.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:
1. Invoices under this subsection
shall be a minimum of $100.00 to cover processing costs.
2. 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, 875.00.
(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:
1. 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.
2.
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.
3. 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.
4.
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
62-4.052(10)(c)
5., F.A.C., below.
5. 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
62-4.052(10)(b),
F.A.C. Notification of such changes shall be in accordance with the
requirements of this subsection.
(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 October 1, 2000, shall be based on the
following formulas:
1. For MS4 permits with
total populations less than 19, 999: $800.00 plus $0.05 times the total
permitted population.
2. For MS4
permits with total populations greater than 20, 000 but less than 99, 999: $1,
625.00 plus $0.05 times the total permitted population.
3. For MS4 permits with total populations
greater than 100, 000: $13, 000.00 plus $0.025 times the total permitted
population.
(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
403.087(6),
F.S., unless the activity is already subject to the fee provisions of paragraph
62-4.052(7)(b),
F.A.C.
(12) There shall be no
annual fee for use of the general permits in Chapter 62-660, F.A.C.
(13) In addition to any annual fees described
in subsections (5) and (8), of this rule, a municipality which has an approved
pretreatment program shall pay an additional $500.00
annually.
