Tenn. Comp. R. & Regs. 0400-45-01-.32 - FEES FOR PUBLIC WATER SYSTEMS

(1) Annual facility maintenance fee - On the due date specified in the invoice from the Department, all public water systems shall pay the following fees to the Department:

(a) Community Water Systems

1. All community water systems, except as provided for in parts 2 and 3 of this subparagraph, shall pay fees based on the number of service connections as shown below:

Number of Connections

(i) greater than 200,000 connections	$105,000 plus $0.35 per each connection for each connection over 200,000
(ii) 100,001-200,000 connections	$75,000 plus $0.45 per each connection over 100,000
(iii) 50,000-100,000 connections	$47,500 plus $0.55 per each connection over 50,000
(iv) 30,001-49,999 connections	$37,500 plus $0.65 per each connection over 30,000
(v) 250-30,000 connections	$1.30 per connection
(vi) less than 250 connections	$300

(i) For the purposes of calculating population served and facility maintenance fees, public water systems serving multi-family dwellings such as apartment complexes and mobile home parks shall count each separate dwelling unit as a connection and shall add the number of dwellings to the total number of connections served by the system unless each dwelling unit is billed separately by the water system and is already counted as an individual connection.

2. Systems with less than 15 service connections that are strictly wholesalers of water:

(i) surface water source	$2,000
(ii) ground water source	$400

3. State facilities:

(i) surface water source	$2,000
(ii) ground water source	$250

The number of connections and population will be based on the latest sanitary survey conducted by the Department.

(b) Non-Community Water Systems

1. Non-Transient Non-Community Water Systems

(i)	Schools	$300
(ii)	Industries (surface water source)	$2,000
(iii)	Industries (ground water source)	$250

2. Transient Non-Community Water Systems

(i) Churches	$100
(ii) All others including, but not limited to , restaurants, campgrounds, motels, and rest areas	$200

Surface water systems include those systems that use surface water in whole or in part.

(c) Facility maintenance fee invoices will be prepared and mailed to each water utility at least 45 days prior to the due date. If any part of any fee imposed under this paragraph is not paid within fifteen (15) days of the due date, a penalty of five percent (5%) of the amount due shall at once accrue and be added thereto. Thereafter, on the first day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional penalty of five percent (5%) of the unpaid balance shall accrue and be added thereto. In addition, the fees not paid within fifteen (15) days after the due date shall bear interest at the maximum lawful rate from the due date to the date paid.

(d) Any person required to pay fees set forth under this paragraph who disagrees with the calculation or applicability of the fee may petition the Water Quality Control Board for a hearing. In order to perfect the hearing, a petition for a hearing together with the total amount of the fee due must be received by the Commissioner not later than fifteen days after the due date. If it is finally determined that the amount in dispute was improperly assessed, the Commissioner shall return the amount determined to be improperly assessed with interest.

(e) Any water system discovered to be a public water system during the course of a fiscal year will owe the full fee on the date specified in the invoice.

(f) Any new public water system that begins operation after October 1, 1991, will owe the full fee on the date specified by the invoice.

(2)

(a) Plans Review Fee - Beginning July 1, 1992, any person submitting non-transient non-community and community water system plans for approval shall be required to pay the fees listed in parts 1 through 14 of this subparagraph for the purpose of plans review. Transient non-community water systems shall be required to pay the fee listed in part 13 of this subparagraph. The fees apply to new facilities as well as the expansion or modification of existing facilities. If the submittal includes multiple activities, the fee will be the sum of the fees listed for each individual activity. Approval of plan documents will not be granted until all fees required by parts 1 through 14 of this subparagraph are paid in full. Units of local government which have been granted plans review authority in accordance with T.C.A. § 68-221-706 shall pay an annual fee of $1,000. Failure of local governments to pay this fee will be cause for the revocation of plans review authority.

Type Activity	Fee Schedule
1. Well or Spring Development	$ 200
2. Chemical Control Plant	$ 400
3. Disinfection System
(i) Gaseous	$ 300
(ii) Hypochlorinator	$ 150
4. Filter Plant	$ 1000
5. Pump Station	$ 250
6. Tank	$ 225
7. Standard Specifications	$ 100
8. Tank Coating	$ 50
9. Sludge Treating	$ 150
10. Distribution Lines
(i) Less than 1000 feet	$ 100
(ii) Greater than 1000 feet	$ 100 + $.01/ft
11. Change Orders	$ 50
12. Review of Operations and Maintenance Manuals	$ 150
13. New Raw Water Source and Site Evaluation for
Public Water Systems and Water Bottling Operations	$ 300
14. Site Evaluation for Water Treatment Sludge Use	$ 300
15. Miscellaneous (Includes other items not specifically
mentioned above)	$ 50

(b) The Department shall complete its review of plan documents within thirty days of the receipt of plans containing sufficient information to allow the Department to make the necessary determinations. Fees will not be refunded for projects that are not approved or that are withdrawn voluntarily by the applicant. Plans resubmitted within 30 days of an initial denial will be reviewed without additional fees provided the scope of the project has not changed.

(c) Penalties and interest on late payments shall be computed as specified in subparagraph (1)(c) of this rule. Appeals shall be perfected as specified in subparagraph (1)(d) of this rule.

(3) Sanitary Survey Re-inspection Fee. A public water system requesting a re-inspection of the system pursuant to subparagraph (4)(e) of Rule 0400-45-01-.07 shall be required to pay a fee for the cost of the re-inspection. The fee shall be based on the number of connections and the complexity of the water plant as follows:

(a) Community water systems with 10,000 or greater connections	$750
(b) Community water systems with 1,000 to 9,999 connections	$500
(c) Community water systems with 100 to 999 connections	$250
(d) Community water systems with less than 100 connections and noncommunity water systems	$150
(e) Community water systems with less than fifteen (15) service connections that are strictly wholesalers of water:	$500

Notes

Tenn. Comp. R. & Regs. 0400-45-01-.32

Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Authority: T.C.A. §§ 68-221-701 et seq., 68-203-101 et seq. and 4-5-201 et seq.