N.J. Admin. Code § 7:14A-22.25 - Treatment works approval fees

(a) Fees charged for treatment works approvals shall be calculated as follows:

1. Applicants for a treatment works approval shall be categorized based on the construction costs of their projects as follows:

i. Category 1 includes projects where the construction costs are greater than $ 1,000,000;

ii. Category 2 includes projects where the construction costs are greater than $ 250,000 but are less than or equal to $ 1,000,000.

iii. Category 3 includes projects where the construction costs are less than or equal to $ 250,000.

2. Fees for treatment works approvals shall be based upon the coefficient "P" where:

i. "P" = EB/[T1 + 2(T2) + 4(T3) + 1,500,000(N1) + 500,000(N2)];

ii. "EB" = the estimated budget for the Department's treatment works approval program for the forthcoming fiscal year;

iii. "T1" = the sum of the construction costs for all projects in Category 1 from the prior fiscal year;

iv. "T2" = the sum of the construction costs for all projects in Category 2 from the prior fiscal year;

v. "T3" = the sum of the construction costs for all projects in Category 3 from the prior fiscal year;

vi. "N1" = the total number of projects in Category 1 from the prior fiscal year; and

vii. "N2" = the total number of projects in Category 2 from the prior fiscal year.

3. All applicants for a treatment works approval shall pay one of the following fees based upon the category in which the project falls as determined by (a)1 above:

i. Category 1 fee = 4P($ 250,000) + 2P($ 750,000) + P(construction cost of the applicant's project - $ 1,000,000);

ii. Category 2 fee = 4P($ 250,000) + 2P(construction cost of the applicant's project - $ 250,000); or

iii. Category 3 fee = 4P(construction cost of the applicant's project).

4. An applicant for a treatment works approval shall pay a minimum fee of $ 850.00.

5. The Department shall prepare an annual fee schedule report that will include the following:

i. The coefficient "P" of the fee formula derived from the equation in (a)2i above;

ii. A detailed financial statement showing the estimated budget for the forthcoming fiscal year. The statement shall include a breakdown of the treatment works approval program by account title (for example, print and office supplies, vehicular, and maintenance of vehicles); and

iii. A detailed financial statement of the previous fiscal year's actual expenditures including a breakdown by account titles, total by category of treatment works approval applications reviewed, actual revenue and any credit/deficit to be carried forward to the next fiscal year.

6. The Department shall hold a public hearing concerning the fees to be assessed for the forthcoming fiscal year only when projected fees exceed a 10 percent increase as compared to the previous fiscal year's fees. The Department shall hold the hearing prior to the actual assessment of fees. The Department shall provide public notice of the hearing in the New Jersey Register, DEP Bulletin, and one or more newspapers with general circulation.

7. In those years not requiring a public hearing, publication of the forthcoming fiscal year's coefficient "P" together with a synopsis of the fee schedule report shall appear in the New Jersey Register, the DEP Bulletin and one or more newspapers with general circulation.

8. The annual TWA fee schedule report will be made available on the Department's website at http://www.nj.gov/dep/dwq/, at any time after public notice is published in accordance with (a)6 or 7 above, or may be obtained by submitting a request and self addressed 10 inch by 13 inch (minimum size) envelope to:

New Jersey Department of Environmental Protection

Environmental Regulation

Division of Water Quality

Bureau of Financing and Construction Permits

TWA Fee Report Request

PO Box 425, 3rd floor

Trenton, New Jersey 08625-0425

(b) Requests to extend the expiration date of a valid treatment works approval will be processed in accordance with N.J.A.C. 7:14A-22.12. The fee for a request for an extension of time is $ 200.00.

(c) Request to modify a valid treatment works approval will be processed in accordance with N.J.A.C. 7:14A-22.11. The fee for a request to modify a treatment works approval shall be calculated based upon the construction cost of the project change(s) in accordance with (a)1 through 3 above. If the value of the fee so calculated is less than $ 500.00, the applicant shall pay a treatment works approval modification minimum fee of $ 500.00.

(d) All fees shall be made payable to the "Treasurer, State of New Jersey--Environmental Services Fund" and shall accompany the application.

(e) Any fee under this section that is subject to N.J.A.C. 7:1L shall be payable in installments in accordance with N.J.A.C. 7:1L.

Notes

N.J. Admin. Code § 7:14A-22.25

New Rule, R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).