Department of Environmental Conservation

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Regulatory Fee Program

Environmental Conservation Law (ECL) Article 72 and regulations of the Department of Environmental Conservation (Department) provide that all persons who need a permit, certificate, or approval pursuant to a state environmental regulatory program, or who are subject to regulation under a state environmental regulatory program, are required to submit an annual fee to this Department.

Remittance

Remittance must be received by the payment due date shown on the invoice to avoid interest and penalty charges. Interest rates are set by the Commissioner of Taxation and Finance, and assessed pursuant to Article 72 of the Environmental Conservation Law. Penalties are assessed based on the amount of the payment deficiency at a rate of five percent of that deficiency per month, not to exceed twenty-five percent. Note: The penalty rate for the Operating Permit Program may differ and is shown on your invoice, if applicable.

Disputes

Please take notice that 6 NYCRR 481.9(c) provides that challenges to a Regulatory Program Fee may be rejected under the following circumstances; (1) failure to make a request for a recalculation of the fee within 30 business days of the date of the Department's original invoice; or (2) failure to make payment in full of the undisputed amount of the annual program fee; or (3) failure to give a specific reason for challenging the fee. A new fee recalculation request must be submitted for each year's assessment, regardless of the status of the previous years recalculation request.

If a determination is made in favor of the Department, disputed amounts not prepaid at the time of dispute are subject to interest and penalty charges, retroactive from the due date.

If you have any questions regarding a bill, please contact the Revenue Unit at 518-402-9365 between 9:00 AM-12:00 PM and 1:30 PM - 4:00 PM Monday through Friday.

Forms

Paying Your Regulatory Fees Electronically

Regulatory Fee invoices may be viewed and paid electronically by visiting the Doing Business with DEC page.