California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 1 - General Provisions › Section 3833 - Application Fees and Refunds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each application for a Tax Certification shall be accompanied by a fee of
				  $200.
(b) Each application for a
				  Water Quality Certification shall be accompanied by a fee deposit for
				  processing the application. Processing the application includes evaluating the
				  activity proposed in the application and determining whether the certification
				  should be issued and what conditions, if any, should be imposed on the
				  certification.
(1) If the activity subject to
				  certification includes, or involves construction or modification of facilities
				  for the purpose of, producing hydroelectric power, and the activity or
				  facilities require the issuance or amendment of a FERC license, a deposit in
				  the amount of any annual fees due under section
				  3833.1 that have not yet been paid
				  shall accompany the application.
(2) If the activity is not subject to
				  subsection (b)(1) of this section but is subject to subparagraph (b)(1)(B) of
				  section 3855, then an initial deposit
				  shall accompany the application, and subsequent deposits shall be required as
				  necessary to cover the state board's reasonable costs of processing the
				  application as follows:
(A) An initial
				  deposit of $1,000 shall accompany all applications.
(B) If the state board's reasonable costs
				  exceed $750, the applicant shall provide a second deposit in the amount of the
				  unpaid reasonable costs, if any, plus $5,000, or a lesser amount estimated by
				  the state board to be necessary to complete processing the application.
The state board may require additional deposits when the
					 state board's reasonable costs exceed the total amount previously deposited
					 less $2,000. The additional deposits shall be in the amount of the state
					 board's unpaid reasonable costs, if any, plus $5,000, or a lesser amount that
					 the state board estimates to be necessary to complete processing the
					 application. The state board shall notify the applicant by certified mail of
					 any deposits required under this subsection (b)(1)(B), and the deposit shall be
					 due within sixty (60) days from receipt of the notice.
(C) After the state board acts on the
				  application, or if the applicant withdraws the application, the applicant shall
				  make a final payment so that the total fee paid by the applicant equals the
				  reasonable costs incurred by the state board in processing the application. The
				  state board shall notify the applicant by certified mail if the applicant owes
				  a final payment on the application fee, and the final payment shall be due
				  within sixty (60) days from receipt of the notice. If the deposit(s) exceed the
				  state board's reasonable costs, the state board shall refund the excess amount
				  to the applicant within sixty (60) days of final action on the
				  application.
(D) For the purposes
				  of this subsection (b)(2), the reasonable costs of processing the application
				  include the state board's reasonable costs incurred in anticipation of the
				  filing of an application, including participation in pre-filing consultation
				  and any investigations or studies to evaluate the impacts of the proposed
				  activity, to the extent that these costs are reasonably necessary to process
				  the subsequently filed application. The state board's reasonable costs include
				  any reasonable costs of processing the application incurred by a regional board
				  at the state board's request. The state board may seek reimbursement of costs
				  pursuant to this subsection (b)(2) only after the applicant has submitted an
				  application to the state board.
(E)
				  If the activity subject to water quality certification is also the subject of a
				  pending application, petition, or registration subject to section
				  1062,
				  1064,
				  1067 or
				  1068 of this division, and the
				  application, petition, or registration is filed before or simultaneously with
				  the application for certification, the applicant shall pay only the fees
				  imposed under chapter 5 (commencing with section
				  1061) of this division, and no
				  additional deposit is required under this subsection
				  (b)(2).
(3) If the
				  activity is not subject to Subsection (b)(1) or (b)(2) of this Section, then:
(A) A deposit consisting of the appropriate
				  application fee determined from Section
				  2200, Title 23, of the California
				  Code of Regulations shall accompany all applications.
(B) The total fee, including deposit, for
				  taking any certification action shall be the appropriate amount determined from
				  Section 2200, Title 23, of the California
				  Code of Regulations.
(C) If waste
				  discharge requirements or a waiver of waste discharge requirements are to be
				  issued in conjunction and simultaneously with taking action on the application
				  for water quality certification, or the project is to be regulated through
				  general waste discharge requirements or general waivers thereof, the applicant
				  shall pay only one fee.
(4) If a revised application for water
				  quality certification is filed for the same project that had been previously
				  denied certification without prejudice or when an original application is
				  voluntarily withdrawn by the applicant pursuant to Subsections
				  3835(b),
				  3836(b),
				  3836(c), or
				  3838(c) of this
				  Chapter, the revised application shall be accompanied by any unpaid fee or
				  portion thereof for the original application. Except as provided in this
				  Section, no additional fee shall be required for the revised application if:
(A) the revised application is filed within
				  twelve (12) months of the denial without prejudice or voluntary application
				  withdrawal,
(B) the revised
				  application package corrects the procedural problems which caused the original
				  denial without prejudice or voluntary application withdrawal, and
(C) the project has not changed significantly
				  in scope or potential for adverse impact (i.e., no further technical review is
				  necessary).