(1) Scope and Intent.
As authorized in Section
403.087(6),
F.S., this rule implements annual regulatory program and surveillance fees
(operating license fees) for public drinking water systems. These fees effect
the legislative intent that the Department's costs for administering the
Florida Safe Drinking Water Act be borne by regulated parties. As such, the
annual operating license fees are applicable only to public water systems
subject to regulation under Chapters 62-550, 62-555 and 62-560,
F.A.C.
(2) The license fees
described in paragraphs (a) through (c), of this subsection, shall be the
annual operating license fees for such facilities.
(a) Annual operating license fees shall be
based on the type of public water system, or the population served, or the sum
of permitted capacities of the treatment provided under their unique PWS ID
Number, as set forth in subsections (3) through (6), below.
(b) Annual operating license fees are
applicable for the period from July 1 to June 30 of the following
year.
(c) Annual operating license
fees for drinking water systems are not refundable and shall be due and payable
as follows:
1. The annual operating license
fees set forth in this section shall be required for all public water systems
for which the Department is granted administrative authority. The amount due
shall be the applicable annual operating license fee described in subsection
(3), (4), (5), or (6), of this rule, and is due and payable no later than 45
days after receipt of an operating license fee invoice from the Department for
public water systems that are subject to regulation under Section
403.861, F.S., on that
date.
2. When a new public water
system is issued a permit and is cleared for operation to be put in service
under Chapter 62-555, F.A.C., pursuant to Section
403.861, F.S., the first annual
operating license fee shall be due no later than 45 days after receipt of an
operating license fee invoice from the Department. The amount due shall be the
applicable annual operating license fee described in subsection (3), (4), (5),
or (6), of this rule. The operating license fee shall be due and payable
pursuant to paragraph
62-4.053(2)(b),
F.A.C., above.
3. Non-payment or
late payment of an annual operating license fee shall be grounds for
enforcement action pursuant to Sections
403.121,
403.141, and
403.161, F.S. Non-payment of an
annual operating license fee shall be grounds for revocation or denial of an
application for a drinking water construction permit.
4. When a public water system changes in a
manner which places the facility in a different annual operating license fee
category:
a. The operating license fee shall
be changed as appropriate and be in effect for the next operating year (July
1-June 30),
b. The new operating
license fee shall be due no later than 45 days after receipt of an operating
license fee invoice from the Department following the change; and,
c. No operating license fee is due for an
inactive system.
(3) The annual operating license fees for
community public water systems are based on the system's permitted design
capacity, and are as follows:
Design Capacity
|
Fee
|
(a) 10 MGD and above
|
$6,000.00
|
(b) 5 MGD up to 10 MGD
|
$4,000.00
|
(c) 1 MGD up to 5 MGD
|
$2,000.00
|
(d) .33 MGD up to 1 MGD
|
$1,000.00
|
(e) .05 MGD up to 0.33 MGD
|
$500.00
|
(f) Less than 0.05 MGD
|
$100.00
|
(4)
The annual operating license fee for consecutive community public water systems
shall be based on their population served as reported by the system during
their most recent Sanitary Survey as follows:
Population Served
|
Fee
|
(a) 25-500
|
$50.00
|
(b) 501-3, 300
|
$100.00
|
(c) 3, 301-10, 000
|
$500.00
|
(d) 10, 001-50, 000
|
$1,000.00
|
(e) 50, 001-100, 000
|
$2,000.00
|
(f) >100, 000
|
$4,000.00
|
(5)
The annual operating license fee for non-transient, non-community public water
systems shall be $100.00.
(6) The
annual operating license fee for transient, non-community public water systems
shall be $50.00.
(7) Public water
systems will be invoiced individually for the annual operating license
fee.
(8) The annual operating
license fee in this Section shall be adjusted for inflation using the
methodology in paragraph
62-4.050(4)(z),
F.A.C.