Section 11 AAC 05.270 - Higher fees(a) Notwithstanding 11 AAC 05.020 - 11 AAC.05.260, the department may require a fee higher than that set out in 11 AAC 05.030-11 AAC.05.260 if the department determines that the location or nature of the use makes a higher fee appropriate to ensure a reasonable return to the state. Under this subsection, and at the department's discretion to ensure a reasonable return to the state, the department may set (1) a variable fee of 5.0 percent of the gross receipts attributable to the use of the site; or(2) a fee based on the director's estimate of the market value of the use or, at the applicant's option and expense after receiving the director's written estimate of that value, based on appraised fair market value of the use; or(3) a fee equal to the highest responsive bid submitted from among multiple qualified bidders when a statute, a department regulation, or the director has determined that only a limited number of authorizations will be awarded, and there are more qualified applicants than authorizations available.(b) Notwithstanding 11 AAC 05.020, the department may enter into a reimbursement or prepayment agreement under AS 38.35.140(b) or AS 38.35.145, and may require a fee based on actual reasonable departmental costs that are higher than that set out in 11 AAC 05.030-11 AAC.05.260.(c) Notwithstanding 11 AAC 05.020, in addition to the fees set out in 11 AAC 05.030-11 AAC.05.260, the department may enter into an agreement under AS 38.05.020(b)(2), and may require a fee based on actual reasonable departmental costs to respond to contaminated sites under 18 AAC 75.300 - 18 AAC 75.320 and to address contaminated sites under 18 AAC 75.320 - 18 AAC 75.396, including investigation, inspection, cleanup, remediation, and monitoring. 7/1/2018, Register 227, October 2018; am 5/22/2020, Register 234, July 2020Authority:AS 27.21.030AS 27.21.940
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