RELATES TO:
KRS 224.01-010,
224.10-110,
224.16-050,
224.70-100,
224.70-110,
26 U.S.C.
501(c)(3), EO
2009-538
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-230(3) authorizes the
cabinet to amend, by administrative regulation, the discharge permit fees
authorized by
KRS
224.70-120.
KRS
224.10-100(20) authorizes
the cabinet to establish, by administrative regulation, a fee for the cost of
processing an application for a permit.
40
C.F.R. 122.28(b)(2)(i)
requires the cabinet to establish that a complete and timely filed notice of
intent to be covered in accordance with general permit requirements, fulfills
the requirements for a permit application. EO 2009-538, effective June 12,
2009, establishes the new Energy and Environment Cabinet. This administrative
regulation establishes fees for reviewing surface water permits.
Section 1. Individual
Permit Fees. The fee
for review of an individual
permit to
discharge pollutants into waters of the
Commonwealth shall be as established in Table 1 in this section.
|
Table 1: Individual Permit Fees
|
|
Major Industry
|
$7,000
|
|
Minor Industry
|
$4,500
|
|
Nonprocess Industry
|
$2,200
|
|
Large, Non-publicly-owned Treatment Works
|
$3,700
|
|
Intermediate, Non-publicly-owned Treatment
Works
|
$3,200
|
|
Small, Non-publicly-owned Treatment Works
|
$2,200
|
|
Agriculture (CAFO)
|
$1,200
|
|
Surface Mining Operation
|
$3,300
|
Section
2. General Permit Fees. The fee for review of a
general permit
notice of intent to
discharge pollutants into waters of the Commonwealth shall
be as established in Table 2 of this section.
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Table 2: General Permit Fees
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|
Coal Mining
|
$1,300
|
|
Non-Coal Mining
|
$0
|
|
Transportation Facility
|
$0
|
|
Drinking Water Treatment Plant
|
$0
|
|
Groundwater Remediation
|
$0
|
|
Storm Water Construction
|
$0
|
|
CAFO
|
$0
|
|
Storm Water Other
|
$0
|
Section
3. Kentucky No Discharge Operational Permit (
KNDOP) Fees. The fee
for review of a
KNDOP shall be as established in Table 3 of this section.
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Table 3: KNDOP Fees
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|
Large Animal Feeding Operation
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$0
|
|
Medium Animal Feeding Operation
|
$0
|
|
Small Animal Feeding Operation
|
$0
|
|
Industrial
|
$1,200
|
|
Sanitary
|
$0
|
Section
4. Multiple Categories. The cabinet shall impose the single
maximum fee if a discharge falls into multiple categories.
Section 5. Short Term Permits. If the cabinet
issues a permit that is effective for less than five (5) years, the fee
assessed pursuant to this administrative regulation shall be adjusted
proportionately to the effective term of the permit.
Section 6. Publicly Owned Facilities. A
publicly owned facility shall be exempt from the fees established in this
administrative regulation pursuant to
KRS
224.10-100(20).
Section 7. Nonprofit Organizations.
(1) A qualifying nonprofit organization shall
be charged the fee established by
KRS
224.16-050(5).
(2) A nonprofit organization requesting a
reduced fee pursuant to
KRS
224.16-050(5) shall submit
proof of Internal Revenue Code
26 U.S.C.
501(c)(3) status with the
permit application.
(3) A nonprofit
organization that does not qualify for the fee established in
KRS
224.16-050(5) shall be
charged the applicable fee established in Sections 1 through 5 of this
administrative regulation.
Section
8. Payment.
(1) Check or money
order shall be made payable to the Kentucky State Treasurer.
(2)
(a) The
applicant shall submit with the application a filing fee equal to twenty (20)
percent of the permit fee.
(b) An
application shall not be complete before the cabinet has received the filing
fee.
(3) The
cabinet
shall retain the filing fee if:
(a) The
cabinet denies the issuance, reissuance, or modification of the
permit;
(b) The
cabinet finds that
the
application is not complete pursuant to
401
KAR 5:075, Section 1(4), and returns the
application
as incomplete after the applicant has failed to submit a complete
application
within thirty (30) days following mailing of a notice of deficiency by the
cabinet; or
(c) The applicant
withdraws the application.
(4)
(a) The
cabinet shall notify the applicant of the permit fee due after the cabinet has
determined that the permit shall be issued, but before the permit shall be
issued.
(b) The applicant shall
submit the permit fee within thirty (30) days of the notification required by
paragraph (a) of this subsection.
(5) The cabinet shall not issue a permit
before receipt of the applicable permit fee.
