Idaho Admin. Code r. 58.01.25.110

Current through September 2, 2024
Section 58.01.25.110 - IPDES FEE SCHEDULE
01.Fee Schedule.
a. Publicly and privately owned treatment works, and other dischargers designated by the Department (Subsection 105.11.a.), must pay an annual fee based on the number of EDUs. The fee is $1.74 per EDU. EDUs and the appropriate annual fee will be calculated according to the definition of EDUs in Section 010 by the following:
i. The Department calculates facility EDUs; or
ii. Existing facilities may annually report to the Department the number of EDUs served; or
iii. New facilities may report to the Department the number of EDUs to be served, based on the facility planning design as part of the IPDES permit application.
b. Other permitted IPDES dischargers must pay an annual fee, an application fee, or both according to:

Permit Type

Application

Annual

Non-POTW Individual Permits

Major

$0

$13,000

Minor

$0

$4,000

Storm Water General Permits

Construction (CGP)

1-10 acres1

$200

$0

>10-50 acres

$400

$75

>50-100 acres

$750

$100

>100-500 acres

$1,000

$400

>500 acres

$1,250

$400

Low Erosivity Waiver (CGP)

$125

$0

Industrial (MSGP) Permits

$1,500

$1,000

Cert. of No Exposure (MSGP)

$250

$100

Other General Permits

$0

$0

1This includes NOIs for construction that will disturb one or more acres of land, or will disturb less than one acre of land but are part of a common plan of development or sale that will ultimately disturb one or more acres of land.

02.Fee Assessment.
a. An annual fee assessment will be generated for each IPDES-permitted facility for which an annual fee is required under Subsection 110.01. Annual fees will be determined based on the twelve (12) months between October 1 and September 30 each year.
b. Application Fees and Annual Fees.
i. Application fees, as identified in Subsection 110.01.b., are assessed upon application submittal for coverage under an individual permit, or notice of intent for coverage or waiver under a general permit.
ii. Owners or operators of multi-year storm water facilities or construction projects are subject to annual fees that will be assessed in the year (October through September) following the receipt of the application or notice of intent for coverage.
c. Assessment of annual fees will consider the number of months a permittee was covered under either a general or an individual permit in a year (October through September of each year). If the permittee was covered for less than a full twelve (12) months, the assessed fee will be pro-rated to account for less than a full year's coverage under the permit.
03.Billing. For permitted facilities subject to an annual fee, the annual fee will be assessed, and the Department will send a statement on or before October 1 of each year. The Department will also assess and send annual fee statements when permit coverage is terminated.
04.Payment.
a. Payment of the annual fee is due on December 31, unless it is a Saturday, Sunday, or legal holiday, in which event the payment is due on the successive business day. Payment of annual fees for terminated permit coverage is due at the time of termination.
b. Payment of the application fee is due with the application for an individual permit or notice of intent for coverage under a general permit. The Department will not authorize IPDES permit payments upon receipt of the billing statement.
c. A POTW may request, in writing, monthly or quarterly installment payments upon receipt of the billing statement. The Department will approve or deny the request and inform the POTW within ten (10) business days.
05.Delinquent Unpaid Fees. A permittee covered under a general or individual permit will be delinquent in payment if the Department does not receive the assessed annual fee by January 1; or if the permittee opted to pay monthly or quarterly, its monthly or quarterly installment is not received by the Department by the last day of the month the payment is due.
06.Suspension of Services and Disapproval Designation. Permittees delinquent in payment of fees assessed under Subsections 110.01 and 110.05:
a. After ninety (90) days, the Department will suspend all technical services provided. The permittee will receive a warning letter identifying administrative enforcement actions the Department may pursue if the permittee does not comply with the terms of the permit.
b. After one hundred and eighty (180) days, the Department will consider the permittee in non-compliance with permit conditions and these rules, and subject to provisions described in Section 500.
07.Reinstatement of Suspended Services and Approval Status. Permittees for which delinquency of fee payment under Subsection 110.06 resulted in the suspension of technical services, determination of non-compliance of permit condition, or both, the continuation of technical services, determination of compliance based on payment of fee, or both, will occur upon payment of delinquent annual fee assessments.
08.Enforcement Action. Nothing in Section 110 waives the Department's right to undertake a non-fee related enforcement action at any time, including seeking penalties, as provided in Sections 39-108, 39-109, and 39-117, Idaho Code.
09.Responsibility to Comply. Subsection 110.06 does not relieve a permittee from its obligation to comply with the state and federal statutes, rules, regulations, permits, or orders.

Idaho Admin. Code r. 58.01.25.110

Effective July 1, 2024