Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 5 - Water Quality › Section 401 KAR 5:310 - Surface water permit fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 224.01-010,
				224.10-110,
				224.16-050,
				224.70-100,
				224.70-110,
				26 U.S.C.
				501(c)(3), EO
				2009-538
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-230(3) authorizes the
				cabinet to amend, by administrative regulation, the discharge permit fees
				authorized by
				KRS
				224.70-120.
				KRS
				224.10-100(20) authorizes
				the cabinet to establish, by administrative regulation, a fee for the cost of
				processing an application for a permit.
				40
				C.F.R. 122.28(b)(2)(i)
				requires the cabinet to establish that a complete and timely filed notice of
				intent to be covered in accordance with general permit requirements, fulfills
				the requirements for a permit application. EO 2009-538, effective June 12,
				2009, establishes the new Energy and Environment Cabinet. This administrative
				regulation establishes fees for reviewing surface water permits.
Section 1. Individual Permit Fees. The fee
			 for review of an individual permit to discharge pollutants into waters of the
			 Commonwealth shall be as established in Table 1 in this section.
Table 1: Individual Permit Fees
Major Industry
$7,000
Minor Industry
$4,500
Nonprocess Industry
$2,200
Large, Non-publicly-owned Treatment Works
$3,700
Intermediate, Non-publicly-owned Treatment
							 Works
$3,200
Small, Non-publicly-owned Treatment Works
$2,200
Agriculture (CAFO)
$1,200
Surface Mining Operation
$3,300
Section
			 2. General Permit Fees. The fee for review of a general permit
			 notice of intent to discharge pollutants into waters of the Commonwealth shall
			 be as established in Table 2 of this section.
Table 2: General Permit Fees
Coal Mining
$1,300
Non-Coal Mining
$0
Transportation Facility
$0
Drinking Water Treatment Plant
$0
Groundwater Remediation
$0
Storm Water Construction
$0
CAFO
$0
Storm Water Other
$0
Section
			 3. Kentucky No Discharge Operational Permit (KNDOP) Fees. The fee
			 for review of a KNDOP shall be as established in Table 3 of this section.
Table 3: KNDOP Fees
Large Animal Feeding Operation
$0
Medium Animal Feeding Operation
$0
Small Animal Feeding Operation
$0
Industrial
$1,200
Sanitary
$0
Section
			 4. Multiple Categories. The cabinet shall impose the single
			 maximum fee if a discharge falls into multiple categories.
Section 5. Short Term Permits. If the cabinet
			 issues a permit that is effective for less than five (5) years, the fee
			 assessed pursuant to this administrative regulation shall be adjusted
			 proportionately to the effective term of the permit.
Section 6. Publicly Owned Facilities. A
			 publicly owned facility shall be exempt from the fees established in this
			 administrative regulation pursuant to
			 KRS
			 224.10-100(20).
Section 7. Nonprofit Organizations.
(1) A qualifying nonprofit organization shall
			 be charged the fee established by
			 KRS
			 224.16-050(5).
(2) A nonprofit organization requesting a
			 reduced fee pursuant to
			 KRS
			 224.16-050(5) shall submit
			 proof of Internal Revenue Code
			 26 U.S.C.
			 501(c)(3) status with the
			 permit application.
(3) A nonprofit
			 organization that does not qualify for the fee established in
			 KRS
			 224.16-050(5) shall be
			 charged the applicable fee established in Sections 1 through 5 of this
			 administrative regulation.