5 Colo. Code Regs. § 1002-61.15
Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-61.15 - PERMIT FEES - GENERAL PROVISIONS(a) Permit fees shall be paid in accordance with the schedule set forth in section 25-8-502, C.R.S.(b) As provided in 25-8-502 (1.4), the Division may establish an interim fee in any case where the facility to be permitted does not fit into the existing categories and subcategories. The interim fee shall be consistent and equitable with the fee schedule contained in the law and regulations. The interim fee shall apply until the date of adjournment sine die of the next regular session of the General Assembly following the imposition of the interim fee.(c) The annual permit fee or interim fee must be paid within the thirty (30) days of receipt of the Division's billing statement. All fees assessed shall be made payable to the Department of Public Health and Environment - Water Quality Control Division. All fees collected by the Division for the following sectors shall be credited to the appropriate sector funds:(i) Water Quality Certification Sector Fund as provided in 25-8-502 (1.2)(a)(ii) Commerce and Industry Sector Fund as provided in 25-8-502 (1.5)(a)(I)(iii) Construction Sector Fund as provided in 25-8-502 (1.5)(a)(II)(iv) Pesticides Sector Fund as provided in 25-8-502 (1.5)(a)(III)(v) Municipal Separate Storm Sewer System Sector Fund as provided in 25-8-502 (1.5)(a)(IV)(vi) Public and Private Utilities Sector Fund as provided in 25-8-502 (1.5)(a)(V) The annual fee is to be used to support the expenses of the clean water program activities of the Division.
It is the intent of the General Assembly as stated in section 25-8-502 (1.5)(c) C.R.S. as amended that a portion of the expenses of the discharge permit system be funded from the general fund, reflecting the benefit derived by the general public.
(d) Failure of the applicant or permittee to pay the annual or interim fee as required by section 25-8-502 C.R.S. is a violation of the permit and shall result in the suspension of said permit and initiation of enforcement action by the Division, which could include revocation of the permit. Reinstatement of such revoked permit will require payment of the delinquent fee and any penalties levied but will not require a permit application or review pursuant to 5 CCR 1002-61, 61.4 or 1002-61, 61.5 et seq. Enforcement action pertaining to delinquent permit fees shall be taken in accordance with 25-8-601 C.R.S. et seq. and section 61.8 of the discharge permit regulations.(e) The annual permit fee shall be applicable to all permittees of record as of July 1, 1983 and new permittees thereafter. Fees assessed under the Water Quality Control Act prior to the 1983 amendments are applicable to prior fiscal years up to June 3, 1983, regardless of the date upon which a permit action was taken by the Division.38 CR 01, January 10, 2015, effective 1/30/201538 CR 11, June 10, 2015, effective 6/30/201539 CR 17, September 10, 2016, effective 12/31/201639 CR 21, November 10, 2016, effective 12/31/201640 CR 07, April 10, 2017, effective 4/30/201741 CR 23, December 10, 2018, effective 12/30/201843 CR 10, May 25, 2020, effective 6/14/2020