Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92a - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITTING, MONITORING AND COMPLIANCE › Subchapter B - PERMIT APPLICATION AND SPECIAL NPDES PROGRAM REQUIREMENTS › Section 92a.26 - Application fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) NPDES
						application fees are payable to the Commonwealth of Pennsylvania according to
						the fee schedule set forth in this section. All flows listed in this section
						are total annual average design flows for all discharges at a facility in
						million gallons per day (MGD).
(b)
						Applications fees for new individual NPDES permits are as follows.
Category
Application Fee
Single Residence Sewage Treatment Plant
$200
Small Flow Treatment Facility
$500
Minor Sewage Facility [LESS THAN] 0.05
								  MGD
$1,000
Minor Sewage Facility [GREATER THAN OR EQUAL TO]
								  0.05 MGD and [LESS THAN] 1.0 MGD
$2,000
Minor Sewage Facility with CSO
$5,000
Major Sewage Facility [GREATER THAN OR EQUAL TO]
								  1.0 MGD and [LESS THAN] 5.0 MGD
$7,500
Major Sewage Facility [GREATER THAN OR EQUAL TO]
								  5.0 MGD
$10,000
Major Sewage Facility with CSO
$15,000
Minor Industrial Waste Facility not covered by
								  ELG
$3,000
Minor Industrial Waste Facility covered by
								  ELG
$6,000
Major Industrial Waste Facility [LESS THAN] 250
								  MGD
$15,000
Major Industrial Waste Facility [GREATER THAN OR
								  EQUAL TO] 250 MGD
$100,000
Industrial Stormwater
$3,000
CAFO
$500
MS4
$5,000
CAAP
$3,000
Pesticides
$3,000
Mining Activity
$1,000
In addition, the application fee for reissuance of an
						  individual NPDES permit associated with a mining activity shall be $500.
(c) (Reserved).
(d) (Reserved).
(e) Application fees for transfers of
						individual permits are:
Single residence sewage treatment plant
$50
Small flow treatment facility
$100
All other sewage facilities and CAFOs
$200
Industrial waste, Industrial stormwater, MS4 and
								  CAAP
$500
(f) Application fees for amendments to
						individual permits are:
Amendment initiated by Department
No
								  charge
Minor Amendment for single residence sewage
								  treatment plant
$50
Minor Amendment for small flow treatment
								  facility
$100
Minor amendment for all other
								  facilities
$200
Major amendment
Same as annual fee
								  established in §
																92a.62 (relating to annual
								  fees)
(g) NOI fees for coverage under a general
						permit under §
												92a.23 (relating to NOI for
						coverage under an NPDES general permit), including fees for amendments to or
						transfers of general permit coverage, will be established in the general
						permit. NOI fees may not exceed $5,000, except as provided in Chapter 102
						(relating to erosion and sediment control). An eligible person shall submit to
						the Department the applicable NOI fee before the Department approves coverage
						under the general permit for that person. If the general permit allows payment
						of the NOI fee in annual increments, the eligible person shall, if required by
						the Department, submit the initial increment to the Department with the NOI
						before the Department approves coverage under the general permit.
(h) The Department will review the adequacy
						of the fees established in this section at least once every 3 years and provide
						a written report to the EQB. The report will identify any disparity between the
						amount of program income generated by the fees and the costs to administer
						these programs, and contain recommendations to increase fees to eliminate the
						disparity, including recommendations for regulatory amendments to increase
						program fees.
(i) Any Federal or
						State agency or independent State commission that provides funding to the
						Department for the implementation of the NPDES program through terms and
						conditions of a mutual agreement and any municipality that is currently
						designated as a financially distressed municipality by the Department of
						Community and Economic Development under the Municipalities Financial Recovery
						Act (53 P.S. §§
													11701.101-11701.712) may be exempt from the
						fees in this section.
The provisions of this §
														92a.26 amended under sections
							 5(b)(1) and 6 of The Clean Streams Law (35 P.S. §§
															691.5(b)(1) and
							 691.6); and section 1920-A of
							 The Administrative Code of 1929 (71 P.S. §
															1920-A).
This section cited in 25 Pa. Code §
														92a.21 (relating to application
							 for a permit); and 25 Pa. Code §
														92a.75 (relating to reissuance of
							 expiring permits).