Ohio Admin. Code 3745-300-03 - Voluntary action program fees
(A) Applicability. Fees shall be derived from the estimated actual costs
associated with performing all of the tasks, duties, and services related to
the relevant application or voluntary action program activity. Fees shall be
primarily based upon the following:
(1)
The estimated typical time to complete each task, duty,
or service.
(2)
The person or persons performing each task, duty, or
service.
(3)
The applicable hourly rate plus fringe benefits for the
person or persons performing the task, duty, or service.
(4)
The estimated
frequency of each task, duty, or service.
Fees shall be derived from the
estimated actual costs, as defined in rule
3745-300-01
of the Administrative Code, associated with performing all of the tasks, duties
and services related to the relevant application or voluntary action program
activity. Fees shall be primarily based upon: the estimated typical time to
complete each task, duty or service; the person or persons performing each
task, duty or service; the applicable hourly rate plus fringe benefits for the
person or persons performing the task, duty or service; and the estimated
frequency of each task, duty or service.
(B) The voluntary action program fees for the
activities listed below are as follows:
(1)
Initial certification of professionals - $2,
500.00
: two thousand five hundred
dollars .
(2) Annual fee for
certified professionals - $2, 000.00
: two thousand dollars .
(3) Initial certification of
of a fixed-base laboratory
- $5, 000.00
: five
thousand dollars .
(4) Annual
fee for certified laboratories - $
500.00
: five hundred dollars .
(5) No further action letter submitted for a
covenant not to sue with no environmental covenant -
$15, 700.00
: fifteen thousand seven hundred
dollars .
(6) No further
action letter submitted for a covenant not to sue that includes an
environmental covenant - $18, 200.00
: eighteen thousand two hundred dollars .
(7) No further action letter submitted for a
covenant not to sue after having completed the voluntary action program
memorandum of agreement track - $10,
000.00
: ten thousand dollars .
(8) No further action letter submitted for a
covenant not to sue after having completed the voluntary action program
memorandum of agreement track that includes an environmental covenant
- $12, 500.00
:
twelve thousand five hundred dollars .
(C) For initial certification
fees, a mobile laboratory shall pay the
actual costs incurred by the agency
Ohio EPA relating to reviewing
requests for certification
the application package and performing an audit
pursuant to rule
3745-300-04
of the Administrative Code.
(D) In
addition to payment of all applicable initial certification, and renewal certification fees pursuant to
paragraph (B) of this rule, a certified laboratory shall pay the following:
(1) The actual costs incurred
and invoiced by the agency
Ohio EPA
that are associated with laboratory requests for reinstatement or modification of
its
the
laboratory's certification or proposed
revisions to its standard operating procedures or quality assurance program
plans pursuant to rule
3745-300-04
of the Administrative Code.
(2) The
actual costs, limited to travel costs,
incurred by the agency
Ohio EPA for all travel time and costs in performing
system audits of
fixed-base laboratories pursuant to rule
3745-300-04
of the Administrative Code;
.
(3) The actual costs incurred by
the agency
Ohio EPA
for all time and travel costs in performing compliance audits
of certified laboratories pursuant to rule
3745-300-04
of the Administrative Code.
(4)
The actual costs incurred by the agency that are
associated with laboratory requests for additional certification for additional
parameter groups, analytes or methods
Ohio EPA
for all time and travel costs for reviewing application packages for additional
certification and performing audits pursuant to rule
3745-300-04
of the Administrative Code.
(E) For all activities not addressed by
paragraph (B), (C), or (D) of this rule, the actual costs incurred by
the agency
Ohio
EPA shall be charged to and paid by the beneficiary or subject, as
applicable, of the activity. These activities may include, but are not limited
to, the following : providing site-specific technical assistance; reviewing
demonstrations of sufficient evidence of entry into the voluntary action
program; reviewing urban setting designation requests; reviewing a variance
request, or a case-by-case groundwater demonstration; enforcing or
administering compliance schedule agreements; monitoring compliance with
operation and maintenance agreements, risk mitigation plans, or institutional
controls; reviewing and approving remedy changes; and any other activities
necessary for the enforcement or administration of this chapter and Chapter
3746. of the Revised Code.
(1)
Providing site-specific technical
assistance.
(2)
Reviewing demonstrations of sufficient evidence of
entry into the voluntary action program.
(3)
Reviewing urban
setting designation requests.
(4)
Reviewing a
variance request or a case-by-case ground water demonstration.
(5)
Enforcing or
administering compliance schedule agreements.
(6)
Monitoring
compliance with operation and maintenance agreements, risk mitigation plans, or
institutional controls.
(7)
Reviewing remedy changes.
(8)
Any other
activities necessary for the enforcement or administration of this chapter and
Chapter 3746. of the Revised Code.
(F) In addition to any applicable existing
permit fees, any person requesting a consolidated standards permit shall pay
the actual direct and indirect costs related to obtaining and administering the
consolidated standards permit.
(G)
Full payment of fees shall accompany any application or form, and shall be made
by
using a
form prescribed by the agency
Ohio EPA . Payment by check or money order shall be
made payable to "Treasurer, State of Ohio" and shall indicate in the memo field the applicable fees
being paid. Payment by use of an agency
prescribed
Ohio EPA-prescribed electronic
system shall be completed in compliance with terms for system use. Fees are not
refundable, unless specifically provided for in this chapter.
(H) Any certification, permit, covenant,
renewal, or other action by the director under
this chapter or Chapter 3746. of the Revised Code which requires payment of a
fee or cost shall not be made effective until full payment of all applicable
fees or costs is received by Ohio EPA .
Notes
Promulgated Under: 119.03
Statutory Authority: 3746.04
Rule Amplifies: 3746.04
Prior Effective Dates: 12/29/1995, 07/01/2006, 03/01/2009, 04/23/2012, 08/01/2014, 05/26/2016
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