The agency shall recover the costs of the agency in developing,
negotiating, and publicizing, a Custom Waiver Permit or GEMS Permit, and may
recover the costs of administering a Custom Waiver Permit or GEMS Permit,
including permit modifications and renewals, in the following manner:
(1) The applicant or permittee shall fully
reimburse the agency for the agency's invoiced direct and indirect costs of
conducting the review, negotiating the relevant permit revisions or conditions,
responding to public comment, administering the Custom Waiver Permit or GEMS
Permit, monitoring the provisions in the Custom Waiver Permit or GEMS Permit
and environmental outcomes resulting from the Custom Waiver Permit or GEMS
Permit, and publicizing and conducting the public hearings. Indirect costs
shall be comprised of general management, support, administrative and overhead
costs of the agency that the agency deems to be allocable using generally
accepted accounting principles.
(2)
The agency shall provide the applicant with a budget that estimates the direct
and indirect costs that will be charged to the applicant under this section
upon acceptance of the application. During the permit application process and
during the term of the permit once issued, the agency shall provide quarterly
updates of estimated future costs.
(3) The agency shall appropriately document
the direct and indirect costs of the agency and collect payment for such costs
from the permittee. The agency shall collect a deposit from the applicant,
against which the agency shall bill until the deposit is depleted. When the
deposit is depleted, the agency shall collect an additional deposit. The
initial deposit shall accompany the applicant's initial Custom Waiver Permit or
GEMS Permit application and shall be in the amount of $5000. The agency shall
deliver to the applicant or permittee an accounting of all charges and the
amount of the deposit remaining at the closure of each month's accounting
records.
