Ariz. Admin. Code § 18-13-702

Current through Register Vol. 30, No. 49, December 6, 2024

Section R18-13-702 - Solid Waste Facility Plan Review Fees

A. With each application submitted for approval pursuant to A.R.S. § 49-762.03, the applicant shall remit an initial fee in accordance with one of the fee tables in this subsection, unless otherwise provided in subsection (B). This subsection also lists the maximum fees that the Department will bill the applicant. All fees paid shall be payable to the state of Arizona. The Department shall deposit the fees paid into the Solid Waste Fee Fund established pursuant to A.R.S. § 49-881, unless otherwise authorized or required by law.

Fee Tables

Fees for Plan Review of New Solid Waste Facilities
	Initial	Maximum
Solid Waste Landfills	$20,000	$200,000
Non-APP requirements for Non-MSWLFs operating under an APP	$2,000	$50,000
Other Solid Waste Facilities Subject to Plan Approval	$10,000	$100,000

Fees for Modifications to Solid Waste Facility Plans
	Initial	Maximum
Solid Waste Landfills - Type IV	$1,500	$150,000
Solid Waste Landfills - Type IV - RD&D	$15,000	$150,000
Solid Waste Landfills - Type III	$750	$75,000
Other Solid Waste Facilities Subject to Plan Approval - Type IV	$750	$75,000
Other Solid Waste Facilities Subject to Plan Approval - Type III	$500	$50,000

Fees for Review of Financial Responsibility Plans for Solid Waste Facilities
	Initial	Maximum
Annual Review for Solid Waste Landfills	$600 Flat Fee	N/A
Other Solid Waste Facilities	$200	$5,000

B. The Department shall bill an applicant for plan review services, subject to an hourly rate, no more than monthly, but at least semi-annually. The following information shall be included in each bill:

1. The dates of the billing period;

2. After January 1, 2013, the date and number of review hours performed during the billing period itemized by employee name, position type and specifically describing:

a. Each review task performed,

b. The facility and operational unit involved, and

c. The hourly rate;

3. A description and amount of any other reasonable review-related cost; and

4. The total fees paid to date, the total fees due for the billing period, the date when the fees are due, and the maximum fee for the project.

C. Within 30 days after the Department makes a final determination whether to approve or disapprove of the facility plan, or when an applicant withdraws or closes the application for review, the Department shall prepare and issue a final itemized bill of its review. If the Department determines that the actual cost of reviewing the plan is less than the initial fee and any interim fees paid, the Department shall refund the difference to the applicant within 30 days after the issuance of the approval or disapproval of the application. If the Department determines that the actual cost of plan review is greater than the corresponding amount listed, the Department shall list the amount that the applicant owes on the final itemized bill, except that the final itemized bill shall not exceed the applicable maximum fee specified in subsection (A). The applicant shall pay in full the amount due within 30 days of receipt of the final itemized bill.

D. If the final bill is not paid within the 30 days, the Department shall mail a second notice to the applicant. Failure to pay the amount due within 60 days of receipt of the notice shall result in the Department initiation of proceedings for suspension of the approval, in accordance with A.R.S. § 49-782. The suspension shall continue until full payment is received at the Department. If full payment is not received at the Department within 365 days of the date of the approval, the approval shall be revoked in accordance with A.R.S. § 49-782. The Department shall not review any further plans for an entity which has not paid all fees due for a previous review of a solid waste facility plan.

E. When determining actual cost under subsection (C), the Department shall use an hourly billing rate for all review hours spent working on the review of a plan, and add review-related costs which were incurred but are not included in the hourly billing rate.

F. The hourly rate is $122.00, beginning July 1, 2012, and shall remain in effect until it is either changed or repealed.

Ariz. Admin. Code § R18-13-702

Adopted effective July 1, 1996; filed in the Office of the Secretary of State December 1, 1995 (Supp. 95-4). Corrected typographical error "facilities" in Schedules A, B, and C, to reflect Section filed in the Office of the Secretary of State December 1, 1995. Section amended effective May 15, 1997; except for special waste management plan component fees listed in Schedules A, B, and C, which become effective July 1, 1997 (Supp. 97-2). Amended by exempt rulemaking at 5 A.A.R. 3869, effective October 1, 1999 (Supp. 99-3). Amended by exempt rulemaking at 8 A.A.R. 3747, effective November 1, 2002 (Supp. 02-3). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).