#### § 401.43 Regulatory program fees.

(a) *Purpose.* The purpose of this section is to provide an adequate, stable and reliable stream of revenue to cover the cost of the Commission's regulatory program activities, an important means by which the Commission coordinates management of the shared water resources of the Basin. Activities to be covered by the fees include the review of applications for projects that are subject to review under the Delaware River Basin Compact and implementing regulations; and ongoing activities associated with such projects, including but not limited to, effluent and ambient monitoring, data analysis, hydrodynamic and water quality modeling, and coordination with state and federal agencies.

(b) *Types of fees.* The following types of fees are established by this section:

(1) *Application fee.* Except as set forth in [paragraph (b)(1)(iii)](/on/2024-07-29/title-18/section-401.43#p-401.43(b)(1)(iii)) of this section, the application fee shall apply to:

(i) *Project requiring a DRBC-issued docket or permit.* Any project that, in accordance with the Delaware River Basin Compact and DRBC regulations, requires a Commission-issued docket or permit, whether it be a new or existing project for which the Commission has not yet issued an approval or a project for which the renewal of a previous Commission approval is required.

(ii) *Project requiring inclusion in the comprehensive plan.* Any project that in accordance with section 11 or section 13.1 of the Delaware River Basin Compact and DRBC regulations must be added to the Comprehensive Plan (also, “Plan”). In addition to any new project required to be included in the Plan, such projects include existing projects that in accordance with section 13.1 of the Compact are required to be included in the Plan and which were not previously added to the Plan. Any existing project that is materially changed from the project as described in the Plan shall be deemed to be a new and different project for purposes of this section.

(iii) *Exemptions.* The application fee shall not apply to:

(A) Any project for which the Signatory Party Agency serves as lead under the One Permit Program rule ([§ 401.42](/on/2024-07-29/title-18/section-401.42)), unless such project must be added by the Commission to the Comprehensive Plan.

(B) Any project for which an agency, authority or commission of a signatory to the Compact is the primary sponsor. Projects sponsored by political subdivisions of the signatory states shall not be included in this exemption. For purposes of this section “political subdivisions” shall include without limitation municipalities, municipal utility authorities, municipal development corporations, and all other entities not directly under the budgetary and administrative control of the Commission's members.

(2) *Annual monitoring and coordination fee.*

(i) Except as provided in [paragraph (b)(2)(ii)](/on/2024-07-29/title-18/section-401.43#p-401.43(b)(2)(ii)) of this section, an annual monitoring and coordination fee shall apply to each active water allocation or wastewater discharge approval issued pursuant to the Compact and implementing regulations in this part, regardless of whether the approval was issued by the Commission in the form of a docket, permit or other instrument, or by a Signatory Party Agency under the One Permit Program rule ([§ 401.42](/on/2024-07-29/title-18/section-401.42)).

(ii) For any withdrawal or diversion covered in part by a certificate of entitlement issued pursuant to §§ 420.31 and 420.32 of the water supply charges regulations ([18 CFR part 420](/on/2024-07-29/title-18/part-420)), the annual monitoring and coordination fee shall be based on the allocated amount, if any, in excess of the quantity specified in the entitlement.

(3) *Alternative review fee.* In instances where the Commission's activities and related costs associated with the review of an existing or proposed project are expected to involve extraordinary time and expense, an alternative review fee equal to the Commission's actual costs may be imposed. The Executive Director shall inform the project sponsor in writing when the alternative review fee is to be applied and may require advance payment in the amount of the Commission's projected costs. Instances in which the alternative review fee may apply include, but are not limited to, matters in which:

(i) DRBC staff perform a detailed pre-application review, including but not limited to the performance or review of modeling and/or analysis to identify target limits for wastewater discharges.

(ii) DRBC staff perform or review complex modeling in connection with the design of a wastewater discharge diffuser system.

(iii) DRBC manages a public process for which the degree of public involvement results in extraordinary effort and expense, including but not limited to, costs associated with multiple stakeholder meetings, special public hearings, and/or voluminous public comment.

(iv) DRBC conducts or is required to engage third parties to conduct additional analyses or evaluations of a project in response to a court order.

(4) *Additional fees* —

(i) *Emergency approval.* A request for an emergency certificate under [§ 401.40](/on/2024-07-29/title-18/section-401.40) to waive or amend a docket condition shall be subject to a minimum fee in accordance with [paragraph (e)](/on/2024-07-29/title-18/section-401.43#p-401.43(e)) of this section. An alternative review fee also may be charged in accordance with [paragraph (b)(3)](/on/2024-07-29/title-18/section-401.43#p-401.43(b)(3)) of this section.

(ii) *Late filed renewal application.* Any renewal application submitted fewer than 180 calendar days in advance of the expiration date or after such other date specified in the docket or permit or letter of the Executive Director for filing a renewal application shall be subject to a late filed renewal application charge in excess of the otherwise applicable fee.

(iii) *Modification of a DRBC approval.* Following Commission action on a project, any material change to the project as approved shall require an additional application and accompanying fee. Such fee shall be calculated in accordance with [paragraph (e)](/on/2024-07-29/title-18/section-401.43#p-401.43(e)) of this section and may be subject to an alternative review fee in accordance with [paragraph (b)(3)](/on/2024-07-29/title-18/section-401.43#p-401.43(b)(3)) of this section.

(iv) *Name change or change of ownership.* Each project with a docket or permit issued by the DRBC will be charged an administrative fee as set forth in [paragraph (e)](/on/2024-07-29/title-18/section-401.43#p-401.43(e)) of this section if it undergoes a change in name or a “change in ownership” as that term is defined at § 420.31(e)(2) of this subchapter.

(v) *Change of ownership.* Each project that undergoes a “change in ownership” as that term is defined at [18 CFR 420.31(e)(2)](/on/2024-07-29/title-18/section-420.31#p-420.31(e)(2)) will be charged an administrative fee as set forth in [paragraph (e)](/on/2024-07-29/title-18/section-401.43#p-401.43(e)) of this section.

(c) *Indexed adjustment.* On July 1 of every year, beginning July 1, 2017, all fees established by this section will increase commensurate with any increase in the annual April 12-month Consumer Price Index (CPI) for Philadelphia, published by the U.S. Bureau of Labor Statistics during that year.[[1](#401.43-footnote-1)] In any year in which the April 12-month CPI for Philadelphia declines or shows no change, the application fee and annual monitoring and coordination fee will remain unchanged. Following any indexed adjustment made under this [paragraph (c)](/on/2024-07-29/title-18/section-401.43#p-401.43(c)), a revised fee schedule will be published in the Federal Register by July 1 and posted on the Commission's website. Interested parties may also obtain the fee schedule by contacting the Commission directly during business hours.

(d) *Late payment charge.* When any fee established by this section remains unpaid 30 calendar days after the payment due date provided on the Commission's invoice, an incremental charge equal to 2% of the amount owed shall be automatically assessed. Such charge shall be assessed every 30 days thereafter until the total amount owed, including any late payment charges has been paid in full.

(e) *Fee schedules.* The fees described in this section shall be as follows:

Table 1 to [§ 401.43](/on/2024-07-29/title-18/section-401.43)—Docket Application Filing Fee

| Project type | Docket application fee | Fee maximum |
| --- | --- | --- |
| Water Allocation | $511 per million gallons/month of allocation,1 not to exceed $19,171.1 Fee is doubled for any portion to be exported from the basin | Greater of: $19,1711 or Alternative Review Fee. |
| Wastewater Discharge | Private projects: $1,278;1 Public projects: $6391 | Alternative Review Fee. |
| Other | 0.4% of project cost up to $10,000,000 plus 0.12% of project cost above $10,000,000 (if applicable), not to exceed $95,8541 | Greater of: $95,8541 or Alternative Review Fee. |
| | | |
| --- | --- | --- |
| 1 Subject to annual adjustment in accordance with [paragraph (c)](/on/2024-07-29/title-18/section-401.43#p-401.43(c)) of this section. | | |

Table 2 to [§ 401.43](/on/2024-07-29/title-18/section-401.43)—Annual Monitoring and Coordination Fee

| | Annual fee | Allocation |
| --- | --- | --- |
| Water Allocation | 1 $383 | <4.99 mgm. |
| | 1 575 | 5.00 to 49.99 mgm. |
| | 1 831 | 50.00 to 499.99 mgm. |
| | 1 1,054 | 500.00 to 9,999.99 mgm. |
| | 1 1,278 | > or = to 10,000 mgm. |
| | Annual fee | Discharge design capacity |
| Wastewater Discharge | 1 $383 | <0.05 mgd. |
| | 1 780 | 0.05 to 1 mgd. |
| | 1 1,048 | 1 to 10 mgd. |
| | 1 1,278 | >10 mgd. |
| | | |
| --- | --- | --- |
| 1 Subject to annual adjustment in accordance with [paragraph (c)](/on/2024-07-29/title-18/section-401.43#p-401.43(c)) of this section. | | |

Table 3 to [§ 401.43](/on/2024-07-29/title-18/section-401.43)—Additional Fees

| Proposed action | Fee | Fee maximum |
| --- | --- | --- |
| Emergency Approval Under [18 CFR 401.40](/on/2024-07-29/title-18/section-401.40) | $5,000 | Alternative Review Fee. |
| Late Filed Renewal Surcharge | $2,000 | |
| Modification of a DRBC Approval | At Executive Director's discretion, Docket Application Fee for the appropriate project type | Alternative Review Fee. |
| Name Change or Change of Ownership | $1,9171 | |
| | | |
| --- | --- | --- |
| 1 Subject to annual adjustment in accordance with [paragraph (c)](/on/2024-07-29/title-18/section-401.43#p-401.43(c)) of this section. | | |

[[81 FR 95861](https://www.federalregister.gov/citation/81-FR-95861), Dec. 29, 2016, as amended at [82 FR 7647](https://www.federalregister.gov/citation/82-FR-7647), Jan. 23, 2017; [82 FR 26989](https://www.federalregister.gov/citation/82-FR-26989), June 13, 2017; [86 FR 20630](https://www.federalregister.gov/citation/86-FR-20630), Apr. 21, 2021; [87 FR 31417](https://www.federalregister.gov/citation/87-FR-31417), May 24, 2022; [88 FR 34747](https://www.federalregister.gov/citation/88-FR-34747), May 31, 2023; [89 FR 46322](https://www.federalregister.gov/citation/89-FR-46322), May 29, 2024; [89 FR 51826](https://www.federalregister.gov/citation/89-FR-51826), June 20, 2024]

###### Footnotes - [401.43](/on/2024-07-29/title-18/section-401.43)

[[1](#401.43-footref-1)] Consumer Price Index—U/Series ID: CUURA102SA0/Not Seasonally Adjusted/Area: Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD/Item: All items/Base Period: 1982-84=100.