Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-9 - WASTEWATER MANAGEMENT ENTITY RULES › Section 770-X-9-.11 - Inspection And Supervision Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each wastewater management entity doing
					business in this state and subject to the jurisdiction of the Commission shall
					pay a fee each year for the inspection and supervision of such business during
					the next preceding fiscal year. Such inspection and supervision fees shall be
					paid by such wastewater management entities in addition to any and all
					property, franchise, license, intangible and other taxes, fees and charges now
					or hereafter provided by law. No similar inspection and supervision fees shall
					be levied or assessed by any county or municipality of the state, and no part
					of such inspection and supervision fees shall be allowed to any county or
					municipality of this state. Such inspection and supervision fees shall be
					measured by the amount of gross receipts of each such wastewater management
					entity for the fiscal year next preceding the dates herein fixed for the
					payment of the same, except that in case of such wastewater management entities
					engaged in interstate business, the fees shall be measured by the gross
					receipts of such wastewater entities from intrastate business only, for such
					preceding fiscal year, and not in any respect upon receipts derived wholly or
					in part from interstate business. Such fees shall be ascertained as follows: A
					fee of $2.85 per $1,000.00 for the first $100,000.00 or less of such gross
					receipts; a fee of $2.35 per $1,000.00 for each additional $1,000.00 of such
					gross receipts up to and including $1,000,000.00 thereof; a fee of $1.85 per
					$1,000.00 for each additional $1,000.00 of such gross receipts over
					$1,000,000.00 thereof, but in no case shall said fee be less than $2 5.00,
					which shall be the minimum inspection and supervision fee to be paid by any
					wastewater management entity. The Commission shall keep a true record of all
					such amounts so paid to it, under this subsection but said amounts, when
					received by the Commission, shall be promptly paid over to the treasurer, and
					shall be held in the Commission's operating fund by, and shall be paid out by
					the treasurer in payment of expenses incurred by the Commission under this
					title upon warrants drawn as provided by law upon the treasurer and approved as
					required by law. Payment of the supervision and inspection fees provided for
					hereunder shall in all respects be governed by the provisions of subsections
					(2) and (3) of this rule.
(2)
					Supervision and inspection fees provided for in this rule shall be in default
					after November 1 of each year, if not paid prior to or on that date. In the
					event that the amount payable by any wastewater management entity for any year
					cannot be ascertained on or before November 1 of a given year, such wastewater
					management entity shall, in any event, pay the minimum supervision and
					inspection fee herein provided and in addition such part of any additional
					supervision and inspection fee as may be ascertainable on or before the date of
					default; and when any further or additional amount payable for year can be
					ascertained, the same shall be paid within 30 days after it becomes possible to
					ascertain the same. Any wastewater management entity failing in whole or in
					part to pay any supervision or inspection fee, or part thereof, due by it
					within any of the time herein prescribed for payment of the same, shall be in
					default and shall be liable to a penalty of not exceeding $50.00 per day, to be
					recovered by suit of the state, for every day it thereafter remains in default,
					and such penalty may be recovered together with the supervision and inspection
					fee in default, in a single action.
(3) The state shall have a lien upon all the
					property in this state of any wastewater management entity for the payment of
					the supervision and inspection fees provided for in this chapter to be paid and
					the penalties in this chapter provided for, which lien shall be superior to all
					other liens, except the lien for state, county and municipal taxes.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										22-25B-6,
							22-25B-7.