New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 833 - Project Review Under Section 3.8 Of The Compact (article 3) › Section 833.12 - Regulatory program fees

Current through Register Vol. 46, No. 28, July 10, 2024
(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"TMs
					 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) Docket application fee.
				  Except as set forth in subparagraph (b)(1)(iii) of this section, the docket
				  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 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 changed substantially 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
				  docket application fee shall not apply to:
(a)
				  Any project for which the signatory party agency serves as lead under the One
				  Permit Program rule (section
				  833.11 of this Part), 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"TMs members.