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Part 485: Spdes Program Fees

(Statutory authority: Environmental Conservation Law, §§ 3-0301, 72-0201)

[Effective 9/13/83]

[Amended 4/30/91 and Reissued 7/95]

Contents:

Sec.

§485.1 Who must pay and how much

Each person required to obtain a permit or certificate pursuant to the SPDES program must annually submit to the department a SPDES program fee determined as follows:

(a) $100.00 for any P/C/I facilities having a permit to discharge or discharging at an average daily rate of less than 100,000 gallons;

(b) $200.00 for P/C/I facilities having a permit to discharge or discharging at an average daily rate of 100,000 gallons or more;

(c) $375.00 for industrial facilities having a permit to discharge or discharging at an average daily rate of less than 10,000 gallons;

(d) $1,250.00 for industrial facilities having a permit to discharge or discharging at an average daily rate of between 10,000 gallons and 99,999 gallons;

(e) $3,750.00 for industrial facilities having a permit to discharge or discharging at an average daily rate of between 100,000 gallons and 499,999 gallons;

(f) $12,500.00 for industrial facilities having a permit to discharge or discharging at an average daily rate of between 500,000 and 999,999 gallons;

(g) $18,750.00 for industrial facilities having a permit to discharge or discharging at an average daily rate of between 1,000,000 and 9,999,999 gallons;

(h) $37,500.00 for industrial facilities having a permit to discharge or discharging at an average daily rate of 10,000,000 gallons or more;

(i) $40,000.00 for any power plant;

(j) $375.00 for municipal facilities having a permit to discharge or discharging at an average daily rate of less than 200,000 gallons;

(k) $1,875.00 for municipal facilities having a permit to discharge or discharging at an average daily rate of between 200,000 and 999,999 gallons;

(l) $7,500.00 for municipal facilities having a permit to discharge or discharging at an average daily rate of between 1,000,000 and 4,999,999 gallons;

(m) $15,000.00 for municipal facilities having a permit to discharge or discharging at an average daily rate of between 5,000,000 and 39,999,999 gallons;

(n) $37,500.00 for municipal facilities having a permit to discharge or discharging at an average daily rate of 40,000,000 gallons or more;

(o) $100.00 for any facility having a permit to discharge or discharging ballast no more than 1,000,000 in any 24-hour period;

(p) $500.00 for any facility having a permit to discharge or discharging ballast in excess of 1,000,000 gallons in any 24-hour period;

(q) $50.00 for general permits issued pursuant to subdivision 7 of ECL 70-0117.

§485.2 What the department reviews to determine the SPDES program fee

For purposes of determining annual fees for new and existing facilities, the department will use the design flow in the SPDES permit to establish the average daily rate of flow.

§485.3 Redetermination of the SPDES program fee

A person having to pay a SPDES annual program fee may request that the annual program fee for that calendar year be redetermined based on the actual average daily flow rate during that calendar year. This request must be made under the provisions of Part 481.9 of this Title, except that time limits will be extended as stated in Part 481.4 of this Title. It is the permittee's burden to prove that actual flow is less than the design flow in the permit. The department may initiate a SPDES permit modification to reduce authorized discharge flow rates when the actual flow is significantly less than the permitted design flow.