Fla. Admin. Code Ann. R. 62-4.052 - Regulatory Program and Surveillance Fees for Wastewater Facilities or Activities Discharging to Surface Waters

(1) Scope and Intent. As authorized in Section 403.087(6), F.S., this rule implements annual regulatory program and surveillance fees (annual fees) for wastewater and stormwater permits. These fees are in addition to the application fees described in Rule 62-4.050, F.A.C., and effect the legislative intent that the Department's costs for administering the National Pollutant Discharge Elimination System (NPDES) be borne by regulated parties. As such, the annual fees are applicable only to facilities and activities subject to regulation under Chapters 62-620, 62-621 and 62-624, F.A.C., pursuant to Section 403.0885, F.S., and the NPDES program.

(2) Annual fees for the regulatory program and surveillance of wastewater and stormwater facilities are not refundable and shall be due and payable as follows:

(a) In the initial year the Department administers a new component of the NPDES program, annual fees shall be required for all facilities which have an NPDES permit for which the Department is granted administrative authority. The amount due shall be the applicable annual fee described in subsection (5), (6), (8), (9), (10), (11) or (13), of this rule, pro-rated to the portion of the calendar year from October 22, 2000 to the end of the calendar year, and are due and payable no later than 60 days after October 22, 2000.

(b) In all subsequent years, the entire annual fee shall be due and payable no later than January 15 each year for all facilities that are subject to regulation under Section 403.0885, F.S., on that date.

(c) When a new wastewater facility or activity is issued a permit under either Chapter 62-620, 62-621, or 62-624, F.A.C., pursuant to Section 403.0885, F.S., the first annual fee shall be due no later than 60 days after permit issuance. The amount due shall be the applicable annual fee described in subsection (5), (6), (8), (9), (10), (11), or (13), of this rule, pro-rated to the remaining portion of the calendar year in which the permit is issued. Thereafter, the fee shall be due and payable pursuant to paragraph (b), above.

(d) When a new wastewater facility or activity is provided notice of coverage by the Department under a generic permit, the first annual fee shall be due no later than 60 days after notice of coverage is received by the permittee. The amount due shall be the applicable annual fee under this section, pro-rated to the remaining portion of the calendar year in which generic permit coverage is obtained. Thereafter, the fee shall be due and payable pursuant to paragraph (b), above.

(3) Non-payment or late payment of an annual fee shall be grounds for enforcement action pursuant to Sections 403.121, 403.141 and 403.161, F.S. Non-payment of an annual fee shall be grounds for revocation of the wastewater or stormwater permit or denial of an application for renewal of the wastewater or stormwater permit.

(4) When a permit is revised in a manner which places the facility in a different annual fee category, the fee shall be changed as appropriate and the new fee shall be due no later than the January 15 following permit revision.

(5) The annual fees for domestic wastewater facilities authorized to discharge to surface waters shall be based on the permitted capacity of the discharge to surface waters except for discharges to surface waters which serve as backup discharges for permitted reuse systems. The annual fees for permits to discharge to surface waters which serve as backup discharges for permitted reuse systems, including limited wet weather discharges, shall be based on an adjusted surface water discharge permitted capacity. This adjusted capacity shall be used only for the purpose of establishing the annual fee under this section. The adjusted surface water discharge permitted capacity shall be equal to the actual permitted capacity of the discharge to surface waters minus 70 percent of that portion of the discharge to surface waters which serves as a backup:

(a) 20 mgd and above	$7,000.00
(b) 10 mgd up to, but less than, 20 mgd	$6,750.00
(c) 5 mgd up to, but less than, 10 mgd	$6,500.00
(d) 2 mgd up to, but less than, 5 mgd	$6,250.00
(e) 1 mgd up to, but less than, 2 mgd	$6,000.00
(f) 0.5 mgd up, but less than, 1 mgd	$5,625.00
(g) 0.1 mgd up to, but less than, 0.5 mgd	$3,375.00
(h) 0.025 mgd up to, but less than, 0.1 mgd	$1,125.00
(i) 0.010 mgd up to, but less than, 0.025 mgd	$300.00
(j) Less than 0.010 mgd	$200.00

(6) The annual fees for industrial wastewater facilities or activities permitted to discharge to surface waters are based, using only their discharges to surface waters, on the group classifications used in subparagraphs 62-4.050(4)(c) 1. through 7., F.A.C., and the classification of Minor or Major as defined in subsection 62-620.200(22), F.A.C., and are as follows:

	Major	Minor
(a) Group 1:	$11,500.00	$8,600.00
(b) Group 2:	$7,700.00	$5,800.00
(c) Group 3:	$3,800.00	$2,900.00
(d) Group 4:	$3,800.00	$2,900.00
(e) Group 5A:	$9,200.00	$6,900.00
(f) Group 5B:	$6,100.00	$4,600.00
(g) Group 5C:	$3,100.00	$2,300.00
(h) Group 5D:	$1,150.00	$850.00
(i) Group 6A:	$9,200.00	$6,900.00
(j) Group 6B:	$4,600.00	$3,500.00
(k) Group 6C:	$2,300.00	$1,700.00
(l) Group 6D:	$800.00	$600.00
(m) Group 7A:	$7,700.00	$5,800.00
(n) Group 7B:	$4,600.00	$3,500.00
(o) Group 7C:	$3,100.00	$2,300.00
(p) Group 7D:	$1,500.00	$1,100.00

(7) The following provisions apply in specific circumstances:

(a) A permitted facility which falls in more than one of the fee categories in subsection (5) or (6), shall not be subject to multiple fees, but shall pay the larger of the fees. However, multiple wastewater permits issued pursuant to Chapter 62-620, F.A.C., authorizing discharges to surface waters through a common outfall shall be subject to individual fees; and

(b) When the discharge to surface waters consists of both stormwater and wastewater, the annual fee for categories which vary according to the flow of the facility shall be based on the volume of the wastewater permitted to be discharged. However, facilities with stormwater-only discharges regulated in its wastewater permit pursuant to Section 62-620.445, F.A.C., shall pay an additional $200.00 per outfall per year, up to the maximum amount set forth in Section 403.087(6), F.S. The additional fee for stormwater-only discharges does not apply to internal stormwater streams.

(8) The annual fee for domestic or industrial wastewater facilities or activities which fall in one of the categories below shall be as follows:

(a) Facilities which use an underground injection well for effluent disposal and are permitted to discharge to surface water only during mechanical integrity tests.	$200.00
(b) Facilities which use evaporation/percolation ponds or holding ponds and land application as their primary means of disposal and are permitted to discharge to surface waters only after storm events or during control structure testing, as specified in the permit:
1. That do not include effluent limitations on internal waste streams.	$200.00
established to protect surface water quality.
2. That include effluent limitations on internal waste streams established to protect surface water quality.	$2400.00
(c) Facilities which are permitted to discharge to surface waters only for emergencies, as specified in the permit.	$200.00
(d) The annual fees described in paragraphs (a) through (c) of this subsection shall be the only annual fee for such facilities, except as provided in subsections 62-4.052(10) and 62-4.052(11), F.A.C., and shall be due and payable regardless of whether a discharge actually occurs during the year.

(9) The annual fee for petroleum contaminated ground water clean up projects authorized to discharge to surface waters for more than 30 days under the generic permit for petroleum fuel contaminated ground water clean up is $2, 850.00 annually. There shall be no annual fee for projects authorized to discharge to surface water for less than 30 days or for discharges of uncontaminated produced ground water.

(10) The annual fee for Phase I municipal stormwater facilities, and Phase II facilities subject to an individual permit, as regulated under Chapter 62-624, F.A.C., shall be as follows:

(a) Fees for each Municipal Separate Storm Sewer System (MS4) permit shall cover the cost of surveillance and the regulatory program, including processing of annual reports, revisions, and permit applications and re-applications. Annual fees for MS4s shall be based on the total MS4 permit population. The total MS4 permit population is equal to the sum of the populations of each of the named co-permittees to a MS4 permit. Populations used for all MS4 fee determinations shall be the 2005 estimates as listed in the 2006 edition of the Florida Statistical Abstract, published by the Bureau of Economic and Business Research, University of Florida. Fees are calculated using the formulas established in paragraph 62-4.052(10)(d), F.A.C. Total permit populations and associated fees are indicated for each permit below:

	Permit	Total Population	Fee
1.	Bradenton	54,303	$4,340.00
2.	Broward	1,410,561	$48,264.00
3.	Escambia	303,623	$20,591.00
4.	Ft. Lauderdale	171,344	$17,284.00
5.	Hialeah	230,407	$18,760.00
6.	Hillsborough	783,007	$32,575.00
7.	Hollywood	143,025	$16,576.00
8.	Jacksonville	837,983	$33,950.00
9.	Jacksonville Beach	21,531	$2,702.00
10.	Lee	549,442	$26,736.00
11.	Leon	96,330	$6,442.00
12.	Manatee	247,471	$19,187.00
13.	Miami	386,882	$22,672.00
14.	Miami-Dade County	1,720,800	$56,020.00
15.	Orange	821,519	$33,538.00
16.	Orlando	217,567	$18,439.00
17.	Palm Beach County	1,262,520	$44,563.00
18.	Pasco	404,930	$23,123.00
19.	Pinellas	691,971	$30,299.00
20.	Polk	541,840	$26,546.00
21.	Reedy Creek District	82,300	$5,740.00
22.	St. Petersburg	253,902	$19,348.00
23.	Sarasota	367,867	$22,197.00
24.	Seminole	411,744	$23,294.00
25.	Tallahassee	174,781	$17,370.00
26.	Tampa	326,519	$21,163.00
27.	Temple Terrace	22,020	$2,726.00

(b) Except as provided in paragraph 62-4.052(10)(c), F.A.C., permittees and co-permittees to each permit will be invoiced individually for their respective share of the annual fee. The individual fee shall be pro-rated based on the percentage of each co-permittee's population as compared to the total permit population listed above. Additional fees apply as follows:

1. Invoices under this subsection shall be a minimum of $100.00 to cover processing costs.

2. For co-permittees that do not have associated populations, such as Florida Department of Transportation Districts and Drainage Districts, other than existing state water management districts, the fee shall be $1, 875.00.

(c) For convenience, co-permittees of any one permit may choose to receive only one invoice to cover the entire annual fee. In order to receive one invoice, co-permittees to any one permit shall:

1. Mutually agree to share the cost of the annual fee and be party to an executed interlocal agreement for cost sharing among all co-permittees.

2. Designate a specific co-permittee to act as representative for all co-permittees regarding the annual fee. The fee designee shall notify the Department in writing, not less than 120 days prior to the end of a calendar year, that only one invoice will be required for the annual fee for the forthcoming calendar year.

3. The above notification shall identify the co-permittee responsible for the fee transaction and shall specify the name and address of the contact person for invoicing. The identified co-permittee is responsible for paying the entire annual fee to the Department.

4. After the initial annual fee billing cycle, one invoice shall continue to be sent to the fee designee established by the above process until a change is requested in accordance with subparagraph 62-4.052(10)(c) 5., F.A.C., below.

5. To effect a change regarding the fee designee, the Department must be notified in writing, not less than 120 days prior to the end of a calendar year, that the co-permittee responsible for the fee transaction has changed, or that fees should be invoiced individually in accordance with paragraph 62-4.052(10)(b), F.A.C. Notification of such changes shall be in accordance with the requirements of this subsection.

(d) Annual fees for Phase 1 MS4s and Phase 11 MS4s permitted individually and not under a generic permit, that have an initial permit issuance occurring after October 1, 2000, shall be based on the following formulas:

1. For MS4 permits with total populations less than 19, 999: $800.00 plus $0.05 times the total permitted population.

2. For MS4 permits with total populations greater than 20, 000 but less than 99, 999: $1, 625.00 plus $0.05 times the total permitted population.

3. For MS4 permits with total populations greater than 100, 000: $13, 000.00 plus $0.025 times the total permitted population.

(11) Stormwater discharge associated with industrial activity permitted under Chapter 62-620, F.A.C., shall pay an additional $200 per outfall per year, up to the maximum amount set forth in Section 403.087(6), F.S., unless the activity is already subject to the fee provisions of paragraph 62-4.052(7)(b), F.A.C.

(12) There shall be no annual fee for use of the general permits in Chapter 62-660, F.A.C.

(13) In addition to any annual fees described in subsections (5) and (8), of this rule, a municipality which has an approved pretreatment program shall pay an additional $500.00 annually.

Notes

Fla. Admin. Code Ann. R. 62-4.052

Rulemaking Authority 403.061, 403.087(6) FS. Law Implemented 403.087(6), 403.0885 FS.

New 4-30-95, Amended 10-22-00, 7-8-02, 10-31-07.

New 4-30-95, Amended 10-22-00, 7-8-02, 10-31-07.