Section 2236 - Bay Protection and Toxic Cleanup Annual Fees(a) All point and nonpoint dischargers who discharge directly into enclosed bays, as defined in Water Code Section 13391.5(a), estuaries, as defined in Water Code Section 13391.5(b), or adjacent waters in the contiguous zone or the ocean, as defined in Section 502 of the Federal Clean Water Act (33 U.S.C. Sec. 1362), shall be subject to an annual fee pursuant to Section 13396.5 of the Water Code. This fee is in addition to the fees required in Title 23, Section 2200, California Code of Regulations.(b) Dischargers for whom National Pollutant Discharge Elimination System (NPDES) permits or waste discharge requirements have been prescribed except as noted in Subsection (c) below, who discharge into waters described in Subsection (a), shall be subject to an annual fee in accordance with the following schedule: BAY PROTECTION AND TOXIC CLEANUP ANNUAL FEE SCHEDULE NPDES PERMIT AND NON-CHAPTER 15 WASTE DISCHARGE REQUIREMENTS
| Rating | Fee | |
| | I-a | $11,000 | |
| | I-b | $ 8,000 | |
| | I-c | $ 5,000 | |
| | II-a | $ 4,000 | |
| | II-b | $ 2,000 | |
| | II-c | $ 1,000 | |
| | III-a | $ 500 | |
| | III-b | $ 400 | |
| | III-c | $ 300 | |
(1) Rating is based on the relative threat of the discharge to water quality and complexity, as defined in Title 23, Section 2200(a)(2), California Code of Regulations.(2) Discharges from public and private educational institutions resulting from the use of seawater to maintain marine organisms for educational and research purposes that are rated III-c, shall be subject to an annual fee of $0.(c) The following categories of dischargers shall pay the amount of fee specified below. This schedule supersedes those set forth in (b) above if a discharger falls under both sections. (1) NPDES permits for an area-wide urban storm water system which discharges into waters described in Subsection (a) shall be subject to an annual fee based on the population served by the drainage system in accordance with the following schedule: | Population | Fee | |
| Less than 10,000 | $ 1,000 | |
| 10,000 to 99,999 | $ 2,500 | |
| 100,000 to 249,999 | $ 5,000 | |
| 250,000 and greater | $10,000 | |
Each county, incorporated city or entity which operates a municipal stormdrain which is not part of an NPDES permit for an area-wide stormwater discharge shall pay a fee based on the population served by the drainage system in accordance with the schedule shown in this paragraph.
(2) Discharges from agricultural practices into waters described in Subsection (a) shall be subject to an annual fee based on the number of acres drained in accordance with the following schedule: | Irrigated Acres | Fee | |
| Less than 100 | 0 | |
| 100 to 999 | $ 500 | |
| 1,000 to 9,999 | $ 1,500 | |
| 10,000 to 50,000 | $ 5,000 | |
Owners, operators, or representatives of more than 50,000 irrigated acres shall pay $5,000 for the first 50,000 acres and $0.10 for each additional acre.
A. Annual fees for discharges from agricultural practices may be paid by regional entities. Regional entities must meet the following requirements: i. The regional entity shall be the same group created to comply with Chapter III, Section I, of the California Enclosed Bays and Estuaries Plan.ii. The regional entity shall demonstrate legal, institutional and managerial capability to pay annual fees for member growers.B. If regional entities have not been identified to the State Board the fees shall be assessed on individual agricultural discharges.(3) Each boat construction facility or repair facility or hull cleaning operation which discharges to waters described in Subsection (a) shall be subject to an annual fee of $300.(4) Each operator of a boat marina or other recreational vessel launching or docking facility which discharges to waters described in Subsection (a) shall be subject to an annual fee based on number of vessel slips or moorings, in accordance with the following schedule: | Slips/Moorings | Fee | |
| Less than 300 | $ 0 | |
| 300 to 499 | $ 300 | |
| 500 to 999 | $ 500 | |
| 1000 and greater | $1,000 | |
(5) Each harbor or port facility which discharges to waters described in Subsection (a) and which is used for commercial shipping purposes shall be subject to an annual fee of $5,000.(6) Each dredging operation in waters described in Subsection (a) for which a Water Quality Certification (33 U.S.C. Section 1341) has been issued by the State Water Resources Control Board shall be subject to a fee based on the cubic yards of dredge material authorized in the Water Quality Certification, in accordance with the following schedule: | Cubic Yards Authorized in Certification | Maintenance Dredging | New Dredging | Beach Replenishment |
| Less than 30,000 | $ 0 | $ 0 | $ 0 |
| 30,000 - 99,999 | $ 1,500 | $ 1,000 | $ 0 |
| 100,000 - 299,999 | $ 4,500 | $ 3,000 | $1,000 |
| 300,000 and greater | $15,000 | $10,000 | $3,000 |
If the dredging quantity stated in the Water Quality Certification is less than the amount of the Section 404 (33 U.S.C. Section 1344) permit, and the permitted volume is greater than 300,000 cubic yards, the fee shall be based on the total permitted volume.
(d) Point and nonpoint dischargers who discharge into a water body described in Subsection (a) which has been identified as a Water Quality Limited Segment in the current "Water Quality Assessment", prepared by the State Board pursuant to Section 303(d) of the Federal Clean Water Act (33 U.S.C. Sect. 1313) shall be subject to a surcharge of 100 percent of the annual fee specified in Subsections (b) or (c). In no case shall the annual fee for these discharges exceed the statutory maximum specified in Subdivision (d) of Section 13396.5 of the Water Code.(e) The State Board shall notify each discharger of the amount of the fee to be submitted, the basis upon which the fee was calculated, and the date upon which the fee is due.(f) Any person failing to pay the fee established under this Section, when so requested by the State Board, may be liable civilly in accordance with Subdivision (d) of Section 13261 of the Water Code.(g) In the event the amount collected under this Section exceeds the maximum allowed by Subdivision (b) of Section 13396.5 of the Water Code, an amount equal to the over collection will be credited against the next year's fees. The amount of the over collection will be prorated among dischargers who submitted the full amount of the fees by the date specified pursuant to Subsection (e) of this Section. The prorated amount shall be reduced from the next year's fee, based on the following equation: | Excess Collected X | Fee Paid | |
| | Total of All Fees Paid by Dischargers who Made Full and Timely Payments | = Reductions Amount |
(h) Any new discharger identified as being subject to this section shall pay a fee based on the amount specified with the fee schedules in Subsections (b) or (c) prorated for the number of months remaining in the billing cycle.(i) The annual fees in Subsection (b) and (c) shall be reviewed by the State Board regularly, but in no case less than once every three years. The annual fees may be adjusted on the basis of monitoring information collected as a part of the Bay Protection and Toxic Cleanup Program and information from any other programs deemed appropriate.Cal. Code Regs. Tit. 23, § 2236
1. New section filed 12-2-91; operative 1-2-92 (Register 92, No. 9). Note: Authority cited: Section 1058, Water Code. Reference: Sections 13396.5(a), 13396.5(b), 13396.5(d) and 13396.5(e), Water Code.
1. New section filed 12-2-91; operative 1-2-92 (Register 92, No. 9).