HB 1060 -- Water Pollution Permit Fees

Sponsor:  Wiggins

Water pollution permit fees will expire on December 31, 2000.
This bill restructures the fees and extends the sunset date to
December 31, 2005.

Under current law, owners of facilities that treat domestic
sewage pay annual operating fees ranging from $15 to $3,000,
depending on the design flow capacity of the facility.  This
bill exempts municipalities, sewer districts, and other publicly
owned facilities and restructures the fees to range from $100 to
$3,500, depending on the design flow capacity of the facility.
Additional fees for pretreatment programs are repealed.  The
annual operating fee for class IA concentrated animal feeding
operations is set at $4,000.

Beginning October 1, 1999, operators of public sewer systems
will collect service connection fees from customers.  The annual
fees will be based on the size of the customer's drinking water
service connection and the number of customers connected to the
sewer system, and will range from $0.40 to $0.90 for residential
customers and from $2 to $700 for commercial and industrial
customers.  The fees may be collected in monthly, quarterly, or
annual increments, and will be transferred to the Department of
Natural Resources at least quarterly, less 5% for collection
expenses.  The Clean Water Commission may reduce the fees by
rule.

Effective October 1, 1999, are new annual permit fees for site--
specific industrial stormwater discharges ($850), and new fees
for federal water quality certifications ($75), minor operating
permit modifications ($50), major operating permit modifications
($200), and letters of approval for class II animal feeding
operations ($25).  Fees will be waived for water quality
certifications issued for general and nationwide federal
permits.  Fees will also be waived for operating permit
modifications if the modification was initiated by the
department.

Also effective October 1, 1999, general permit fees for
facilities with minimal impacts are set at $200 for stormwater
from a land disturbance site, $50 for agricultural chemical
operations, and $40 for animal feeding operations.  For other
general permits, a point system is established to estimate the
cost of developing and administering the permit; fees for these
permits will range from $50 to $250, depending on cost.

The bill also gives the Clean Water Commission the authority to
issue no-fee permits by rule to facilities that have minimal
impacts and are in compliance with applicable rules.  Violators
with permits by rule will be considered to be operating without
a permit.

Further, the bill establishes new fees for operator's
certificates for wastewater and concentrated animal feeding
operation facilities.  These include fees for certificate of
competency exams ($20), certificates of competency ($25),
certificate renewals ($45), and applications for reciprocity
($40).

Construction permit fees are increased from $500 to $750 for
small sewage treatment plants; from $1,500 to $2,200 for large
sewage treatment plants; from $50 to $75 for sewer extensions
less than 1,000 feet; from $200 to $300 for sewer extensions of
1,000 feet or more; and from $200 to $300 for sewage pumping
stations.  Fees for variances are increased from $25 to $250.
The fee for approvals to use on-site systems for residential
housing developments is set at $300.

Finally, the bill repeals provisions that require unexpended
balances in the Natural Resource Protection Fund to revert
biennially to general revenue.