California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 9 - Waste Discharge Reports and Requirements › Article 1 - Fees › Section 2200 - Annual Fee Schedules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each person for whom waste discharge requirements have been
					 prescribed pursuant to Section
					 13263 of the
					 Water Code shall submit, to the state board, an annual fee in accordance with
					 the following schedules. The fee shall be submitted for each waste discharge
					 requirement order issued to that person. 
					 1
(a) The annual fees for persons issued waste
				  discharge requirements (WDRs), except as provided in subdivisions (a)(3),
				  (a)(4), (b), and (c), shall be based on the discharge's threat to water quality
				  (TTWQ) and complexity (CPLX) rating according to the following fee schedule,
				  plus applicable surcharge(s).
Threat to Water Quality (TTWQ)
Complexity (CPLX)
Discharge to Land or Surface
							 Waters2
Land
							 Disposal3-- Not Paying a Tipping
							 Fee4
Land Disposal3
								-- Paying a Tipping Fee5
1
A
$195,732
$76,703 
							 6
$64,2106
1
B
$123,618
$61,951
$51,860
1
C
$66,702
$39,826
$33,340
2
A
$44,554
$33,187
$27,783
2
B
$26,785
$26,552
$22,226
2
C
$20,085
$19,914
$16,670
3
A
$15,830
$13,275
$11,114
3
B
$8,431
$9,957
$8,333
3
C
$3,746
$4,424
$3,705
Public wastewater treatment facilities with approved
					 pretreatment programs are subject to a surcharge of $10,000. Facilities that
					 are required to have a pretreatment program that are subject to both
					 subdivision (a) and subdivision (b)(8) shall only pay a single annual $10,000
					 surcharge. Agencies with multiple facilities under one approved pretreatment
					 program shall pay a $10,000 surcharge per program.
Oil and gas produced water storage and disposal facilities
					 regulated by waste discharge requirements are subject to a surcharge per
					 barrels of waste water discharged in the prior 12 months according to the
					 following schedule:
TTWQ & CPLX Rating
No Barrels
1 to 999,999 Barrels
1,000,000 or more Barrels
1A
$600
$1,000
$50,000
1B
$600
$1,000
$50,000
1C
$600
$1,000
$50,000
2A
$600
$1,000
$40,000
2B
$600
$1,000
$30,000
2C
$600
$1,000
$10,000
3A
$600
$1,000
$4,000
3B
$600
$1,000
$2,000
3C
$600
$600
$600
(1) Threat
				  to water quality (TTWQ) 
				  7 and complexity (CPLX) of the
				  discharge is assigned by the regional board in accordance with the following
				  definitions:
Threat to Water Quality
Category "1" -- Those discharges of waste that could cause
					 the long-term loss of a designated beneficial use of the receiving water.
					 Examples of long-term loss of a beneficial use include the loss of drinking
					 water supply, the closure of an area used for water contact recreation, or the
					 posting of an area used for spawning or growth of aquatic resources, including
					 shellfish and migratory fish.
Category "2" -- Those discharges of waste that could impair
					 the designated beneficial uses of the receiving water, cause short-term
					 violations of water quality objectives, cause secondary drinking water
					 standards to be violated, or cause a nuisance.
Category "3" -- Those discharges of waste that could
					 degrade water quality without violating water quality objectives, or could
					 cause a minor impairment of designated beneficial uses as compared with
					 Category 1 and Category 2.
Complexity
Category "A" -- Any discharge of toxic wastes; any small
					 volume discharge containing toxic waste; any facility having numerous discharge
					 points and groundwater monitoring; or any Class 1 waste management unit.
Category "B" -- Any discharger not included in Category A
					 that has physical, chemical, or biological treatment systems (except for septic
					 systems with subsurface disposal), or any Class 2 or Class 3 waste management
					 units.
Category "C" -- Any discharger for which waste discharge
					 requirements have been prescribed pursuant to Section
					 13263 of the
					 Water Code not included in Category A or Category B as described above.
					 Included are dischargers having no waste treatment systems or that must comply
					 with best management practices, dischargers having passive treatment and
					 disposal systems, or dischargers having waste storage systems with land
					 disposal.
(2) For
				  dischargers covered under Statewide General WDRs for Sanitary Sewer Systems,
				  the TTWQ and CPLX designations are assigned based on the population served by
				  the sanitary sewer system. The table below describes the correlation between
				  population served and TTWQ and CPLX designations to determine the appropriate
				  annual fee:
Population Served
8
Threat and Complexity
							 Designation
Less than 50,000
3C
50,000 or more
2C
(3)
(A) For
				  dischargers covered under Statewide General WDRs for discharges of winery
				  process water, the annual fees shall be based on the following schedule:
Facility Process Water Flow
							 (gal/yr)
Fee
10,000 to 30,000
$845
>30,000 to 100,000
$1,126
>100,000 to 300,000
$1,351
>300,000 to 600,000
$2,252
>600,000 to 1 million
$3,379
>1 million to 3 million
$7,884
>3 million to 7 million
$14,641
>7 million to 15 million
$21,398
(B) Dischargers enrolled in an approved Local
				  Agency Oversight program will receive a 50 percent fee reduction.
(C) Dischargers enrolled in an approved
				  sustainability program will receive a 10 percent fee reduction.
(D) Dischargers enrolled in an approved Local
				  Agency Oversight program and an approved sustainability program will receive a
				  50 percent reduction of the annual fee that results from the application of a
				  10 percent fee reduction.
(E)
				  Dischargers with facility process water flows of less than 10,000 gallons per
				  year that are directed by the state board or a regional board to enroll under
				  the Statewide General WDRs for discharges of winery process water shall pay the
				  fee applicable to dischargers with 10,000 to 30,000 gallons per year.
(F) Dischargers with facility process water
				  flows of 10,000 to 30,000 gallons per year that are directed by the state board
				  or a regional board to enroll as a Tier 2 facility under the Statewide General
				  WDRs for discharges of winery process water shall pay the fee applicable to
				  dischargers with >30,000 to 100,000 gallons per year.
(4) The fees for discharges of dredge and
				  fill material shall be as follows. 
				  9
Standard Fee:
10
Discharge Category
Application Fee
11
Project Fee
Annual Fee
12
(A) Fill and Excavation 
							 13 Discharges Discharge area
							 expressed in acres rounded to two decimal places (0.01 acre)
$2,985
Impact area in acres x $26,608, minus application fee,
							 up to a maximum of $259,011. If this amount is $0 or less, then no project fee
							 is required.
$2,509 for first five fiscal years following the
							 effective date of the order, then $399 beginning with the sixth fiscal year
							 until the Notice of Completion is issued to discharger.
(B) Dredging 
							 14 Discharges
$2,985
N/A
Annual dredge volume in cubic yards x $0.653, up to a
							 project maximum of $259,011. The minimum annual fee is $2,985.
(except Category C activities see (C) below)
Dredge volume expressed in cubic yards.
Special/Flat Fee:
15
Discharge Category
Application Fee
Annual Fee
(C) Sand Mining, In-Stream Gravel Mining and
							 Beach Nourishment Discharges
$2,985
$996
Aggregate extraction in surface waters where source
							 material is free of pollutants and the dredging operation will not violate any
							 basin plan provisions and beach nourishment projects.
(D) Ecological Restoration and Enhancement
							 Projects
$796
$399
The project meets the definition of an "Ecological
							 Restoration and Enhancement Project" set forth in the State Wetland Definition
							 and Procedures for Discharges of Dredged or Fill Materials to Waters of the
							 State, adopted by the State Water Board on April 2, 2019. 
							 16
(E) Low Impact Discharges
$2,985
$399
Projects may be classified as low impact discharges if
							 the project meets all of the following criteria:
1. The discharge size is less than all of the
							 following: (a) for fill, 0.1 acre, and 300 linear feet, and (b) for dredging,
							 25 cubic yards.
2. The discharger demonstrates that: (a) all
							 practicable measures will be taken to avoid impacts; (b) where unavoidable
							 temporary impacts take place, waters and vegetation will be restored to
							 pre-project conditions as quickly as practicable; and (c) where unavoidable
							 permanent impacts take place, there will be no net loss of wetland, riparian
							 area, or headwater functions, including onsite habitat, habitat connectivity,
							 floodwater retention, and pollutant removal.
3. The discharge will not do any of the following: (a)
							 directly or indirectly destabilize a bed of a receiving water; (b) contribute
							 to significant cumulative effects; (c) cause pollution, contamination, or
							 nuisance; (d) adversely affect candidate, threatened, or endangered species;
							 (e) degrade water quality or beneficial uses; (f) be toxic; or (g) include
							 "hazardous" or "designated" material.
(F) Emergency Projects Authorized by a Water
							 Board General Order
$2,985
$399
(G) Amended Orders
17
Amendments of WDRs or water quality certifications
							 previously issued.
(1) All category (D) Ecological Restoration and
							 Enhancement Projects, regardless of amendment type.
(1) No fee required
Annual fee applicable per discharge category
(2) Administrative amendments including, but not
							 limited to, ownership changes, typographic edits, or time extensions that do
							 not result in a temporal loss of resource function. Amendments in this category
							 require no technical analysis or additional compensatory mitigation.
(2) No fee required
(3) Amendment results in change(s) in impact character,
							 location, or volume of the discharge; or a time extension that results in a
							 temporal loss of resource function, according to the following criteria:
(3) Additional standard fee assessed per increased
							 amount of discharge(s). The minimum fee is $2,985.
* Amendment increases the active certification's impact
							 quantity by less than 50 percent, and
* Amendment does not require a change to the mitigated
							 aquatic resource type.
(4) Amendment requires a supplemental CEQA analysis, or
							 Amendment results in change(s) in impact character, location, or volume of the
							 discharge, or a time extension that results in a temporal loss of resource
							 function, according to the following criteria:
(4) New standard fee assessed per new project discharge
							 total. The minimum fee is $2,985.
* Amendment increases the active certification's impact
							 quantity by more than 50 percent, or
* Amendment requires a change to the mitigated aquatic
							 resource type.
(H) Wildfire Mitigation by Electrical
							 Corporations, Electric Utilities, and Electrical Cooperatives
N/A
$40.00 per mile of overhead electrical lines identified
							 as high risk or high threat in the wildfire mitigation plan.
Dredge or fill activities conducted by electrical
							 corporations, electric utilities, and electrical cooperatives pursuant to a
							 wildfire mitigation plan prepared in accordance with Public Utilities Code,
							 section
							 8386(b)
							 or section
							 8387(b)(1). This
							 annual fee covers all dredge or fill activities conducted by the electrical
							 corporations, electric utilities, and electrical cooperatives pursuant to a
							 wildfire mitigation plan, and is in lieu of the project-specific dredge or fill
							 fees in section
							 2200(a)(3)(A)-(G)
							 for dredge or fill activities conducted pursuant to a wildfire mitigation
							 plan.