5 Colo. Code Regs. § 1002-102.5

Current through Register Vol. 47, No. 20, October 25, 2024
Section 5 CCR 1002-102.5 - COMMERCE AND INDUSTRY SECTOR CASH FEES
(1) INTRODUCTION

The cash fees generated from this section shall be used to implement clean water program activities associated with the commerce and industry sector. These fees cover a portion of the Division's direct and indirect costs associated with administering the federal "Clean Water Act,"33 U.S.C. sec. 1251 et seq. and "Water Quality Control Act" (C.R.S. Title 25, Art. 8) for the commerce and industry sector. All fees shall be credited to the clean water cash fund per section 25-8-210(4), C.R.S.

(2) COMMERCE AND INDUSTRY CASH FEE SCHEDULE

This section includes the clean water annual cash fee schedules for the commerce and industry fee payor type. The Division may assess an annual fee upon commerce and industry fee payors, and all such fees shall be in accordance with 102.5(2) Table A. The commerce and industry fee payor type includes activities associated with mining, hydrocarbon refining, sugar processing, industrial stormwater, utilities not included in the private and public utilities sector, manufacturing activities, commercial activities, and all other industrial activities.

102.5(2) Table A Commerce and Industry Annual Cash Fee Schedule

Fee Subcategory

Description

Annual Fee

Category 1 Sand and gravel and placer mining individual permit

I-A

Pit dewatering only

$910

I-B

Pit dewatering or wash-water discharge

$1,037

I-C

Mercury use with discharge impact

$1,164

I-D

Storm water discharge only

$791

Category 2 Coal mining individual permit

II-A

Sedimentation ponds, surface runoff only

$1,783

II-B

Mine water, preparation plant discharge

$2,401

Category 3 Hard rock mining individual permit

III-A

Mine dewatering from 0 up to 49,999 gallons per day

$2,074

III-B

Mine dewatering from 50,000 up to 999,999 gallons per day

$3,912

III-C

Mine dewatering, 1,000,000 gallons per day or more

$5,968

III-D

Mine dewatering and milling with no discharge

$5,968

III-E

Mine dewatering and milling with discharge

$17,975

III-F

No discharge

$2,074

III-G

Milling with discharge from 0 up to 49,999 gallons per day

$6,095

III-H

Milling with discharge, 50,000 gallons per day or more

$12,153

Category 4 Oil Shale

IV-A

Sedimentation ponds, surface runoff only

$3,621

IV-B

Mine water from 0 up to 49,999 gallons per day

$3,912

IV-C

Mine water from 50,000 up to 999,999 gallons per day

$4,858

IV-D

Mine water from 1,000,000 gallons per day or more

$4,730

IV-E

Mine water and process water discharge

$17,975

IV-F

No discharge

$3,329

Category 5 General Permits

V-A

Sand and gravel with process discharge and storm water

$492

V-B

Sand and gravel without process discharge - storm water only

$137

V-C

Placer mining

$946

V-D

Coal mining

$1,419

V-E

Industrial - single municipal industrial - storm water only

$337

V-F

Active mineral mines less than ten acres - storm water only

$227

V-G

Active mineral mines - ten acres or more - storm water only

$683

V-H

Inactive mineral mines - storm water only

$137

V-I

Department of transportation - sand and gravel storm-water permit

$7,933

V-J

Coal degasification - process water from 0 up to 49,999 gallons per day

$3,912

V-K

Coal degasification - process water from 50,000 up to 99,999 gallons per day

$5,968

V-L

Coal degasification - process water, 100,000 gallons per day or more

$17,975

V-M

Minimal discharge of industrial or commercial waste waters - general permit

$712

Category 6 Power plants

VI-A

Cooling water only, no discharge

$2,074

VI-B

Process water from 0 up to 49,999 gallons per day

$3,912

VI-C

Process water from 50,000 up to 999,999 gallons per day

$5,968

VI-D

Process water from 1,000,000 up to 4,999,999 gallons per day

$17,975

VI-E

Process water, 5,000,000 gallons per day or more

$17,975

Category 7 Sugar Processing

VII-A

Cooling water only, no discharge

$2,201

VII-B

Process water from 0 up to 49,999 gallons per day

$2,693

VII-C

Process water from 50,000 up to 999,999 gallons per day

$6,731

VII-D

Process water from 1,000,000 up to 4,999,999 gallons per day

$17,975

VII-E

Process water, 5,000,000 gallons per day or more

$17,975

Category 8 Petroleum refining

VIII-A

Cooling water only, no discharge

$2,074

VIII-B

Process water from 0 up to 49,999 gallons per day

$4,658

VIII-C

Process water from 50,000 up to 999,999 gallons per day

$5,977

VIII-D

Process water from 1,000,000 up to 4,999,999 gallons per day

$17,975

VIII-E

Process water, 5,000,000 gallons per day or more

$17,975

Category 9 Fish Hatcheries

IX

Fish hatcheries

$1,492

Category 10 Manufacturing and other industry:

X-A

Cooling water only

$2,074

X-B

Process water from 0 up to 49,999 gallons per day

$3,912

X-C

Process water from 50,000 up to 999,999 gallons per day

$5,968

X-D

Process water from 1,000,000 up to 4,999,999 gallons per day

$17,975

X-E

Process water from 5,000,000 up to 19,999,999 gallons per day

$22,086

X-F

Process water, 20,000,000 gallons per day or more

$35,950

X-G

No discharge

$2,693

X-H

Amusement and recreation services

$2,693

Category 11 Individual industrial storm-water permits:

XI-A

Individual industrial - less than ten acres

$537

XI-B

Individual industrial - ten acres or more

$683

XI-C

Individual industrial - storm water only - international airports

$11,316

(3) CLEAN WATER CASH FEES FOR REGULATORY REQUIREMENTS

This section includes the clean water cash fee schedules for the following regulatory requirements: permit application and permit modification.

(a)Permit Application Fee

The Division may assess an annual permit fee and a nonrefundable permit application fee for new permits that must equal fifty percent of the annual permit fee in Section 102.5(2).

(b)Permit Modification Fee

The Division may assess a fee for an amendment or modification to permits. For minor amendments, the fee must be in an amount equal to twenty-five percent of the annual permit fee in Section 102.5(2) for the permit being amended, not to exceed two thousand eight hundred ten dollars. For major amendments, the fee must be in an amount equal to fifty-five percent of the annual permit fee in Section 102.5(2) for the permit being amended, not to exceed five thousand nine hundred fifty dollars.

5 CCR 1002-102.5

47 CR 12, June 25, 2024, effective 7/15/2024