La. Admin. Code tit. 33 § IX-1309

Current through Register Vol. 50, No. 6, June 20, 2024

Section IX-1309 - Fee System

A. Applicability. Fees established by these regulations shall be applicable to all facilities subject to regulation under the Louisiana Water Control Law, R.S. 30:2071 et seq., including those with no discharge and/or closed system permits.

B. Annual Fee

1. The annual fee shall be calculated by multiplying the rating points times the rate factor except that the annual fee for each general permit shall be established by the administrative authority as provided below.

2. The rating points shall be computed using the appropriate Annual Fee Rating Worksheet.

3. The rate factor shall be applied per rating point as follows:

a. for municipal facilities:

i. $162.80 per rating point as of July 1, 2017; and

ii. $104.81 per rating point from July 1, 1998, through June 30, 1999;

iii. $112.12 per rating point as of July 1, 1999;

iv. $134.54 per rating point as of July 1, 2002; and

v. $148.00 per rating point as of July 1, 2003; and

b. for all other facilities:

i. $299.16 per rating point as of July 1, 2017.

ii. $192.60 per rating point from July 1, 1998, through June 30, 1999;

iii. $206.03 per rating point as of July 1, 1999;

iv. $247.24 per rating point as of July 1, 2002; and

v. $271.96 per rating point as of July 1, 2003.

4. The annual fee shall be paid each year a facility is subject to regulation under the Louisiana Water Control Law, R.S. 30:2071 et seq. The year shall correspond with the state's fiscal year, July 1 through June 30.

5. For new facilities, the annual fee may be prorated to correspond to the start-up date.

6. The annual fee for inactive facilities may be reduced by 50 percent during any fiscal year in which the facility was inactive for the entire fiscal year. In no case shall the fee be reduced below the minimum fee.

C. New Permit Fee

1. A new permit fee shall be paid for issuance of any new or temporary permit.

2. The new permit fee shall be assessed subsequent to the receipt and review of an application or other request for permit action.

3. This fee shall be 20 percent of the calculated annual fee but not less than the minimum annual fee, as defined in Paragraph E.1 of this Section.

D. Modified or Reissued Permit Fee

1. A modified or reissued permit fee shall be paid for any permit action which requires modification or reissuance of an existing permit.

2. The modified or reissued permit fee shall be assessed subsequent to the receipt and review of an application or other request for permit action.

3. This fee shall be 20 percent of the calculated annual fee but not less than the minimum annual fee, as defined in Paragraph E.1 of this Section, for permit actions requiring implementation of the public notice procedure.

4. For all other permit actions, this fee shall be 10 percent of the calculated annual fee but not less than the minimum annual fee, as defined in Paragraph E.1 of this Section.

E. Minimum and Maximum Annual Fee

1. The minimum annual fee shall be $380 as of July 1, 2017.

2. The maximum annual fee shall be $150,000 as of July 1, 2017.

F. General Permit Fee. At the discretion of the administrative authority, an annual fee may be assessed for facilities regulated by a general permit. In deciding to establish an annual fee for facilities covered by a general permit, the administrative authority should consider the resources involved in administering the general permit, the economic impact on the regulated community, and the economic impact on the fee program. If the decision is made to assess an annual fee for an activity covered by a general permit, then each facility involved in that activity and covered by the general permit shall be assessed the fee.

G. Due Date. Fees shall be received by the department by the due date indicated on the invoice.

H. Late Payment Fee

1. Fee payments not received within 15 days of the due date will be charged a late payment fee.

2. Any late payment fee shall be calculated from the due date indicated on the invoice.

3. Payments not received by the department by:

a. the fifteenth day from the due date will be assessed a 5 percent late payment fee on the original assessed fee;

b. the thirtieth day from the due date will be assessed an additional 5 percent late payment fee on the original assessed fee; and

c. the sixtieth day from the due date will be assessed an additional 5 percent late payment fee on the original assessed fee.

I. Failure to Pay. Failure to pay the prescribed application fee or annual fee as provided herein, within 90 days after the due date, will constitute a violation of these regulations and shall subject the person to applicable enforcement actions under the Louisiana Environmental Quality Act including, but not limited to, revocation or suspension of the applicable permit, license, registration, or variance.

J. Refunds

1. There shall be no refunds of new, modified or reissued permit fees.

2. The annual fee may be prorated and/or refunded should a facility relinquish its discharge permit.

K. Annual Fee Rating Worksheet. The annual fee shall be computed using the appropriate Annual Fee Rating Worksheet as provided in LAC 33:IX.1313 or LAC 33:IX.1317. Instructions for completing the appropriate Annual Fee Rating Worksheet are provided in LAC 33:IX.1311 and LAC 33:IX.1315.

L. Facility Complexity Designation

1. The facility complexity designation shall be based on the SIC code as established in the tables in LAC 33:IX.1319.

2. If a facility is not specifically covered by an SIC code, the administrative authority may assign an SIC code and/or Facility Complexity Designation on a case-by-case basis.

3. When it is demonstrated that factors associated with processes and waste generation are fundamentally different from those considered in assignment of a complexity designation, the administrative authority, on a case-by-case basis, may assign a minor facility a different complexity designation than that indicated in LAC 33:IX.1319. In making such a reassignment the administrative authority shall consider:

a. type and quantity of wastewaters discharged, the ultimate avenue of disposal, and the potential to discharge; and

b. complexity of the permitting procedure and the inspection requirements for this type of facility.

M. Methods of Payment

1. All payments made by check, draft, or money order shall be made payable to the Department of Environmental Quality, and mailed to the department at the address provided on the invoice.

2. Electronic Methods of Payment

a. Persons wishing to make payments using the electronic pay method shall access the departments website and follow the instructions provided on the website.

b. Persons wishing to make payments using the electronic funds transfer (EFT) method shall contact the Office of Management and Finance for further instructions.

3. Cash is not an acceptable form of payment.

N. Other Fees

Permit Type	Amount
Gen-LAG 03-Barge Cleaner	I: $380 II: $2,750 III: $5,500 IV: $11,000
Gen-LAG11-Concrete/Asphalt	$355
Gen-LAG26-Territorial Seas	$1,750
Gen-LAG30-UST Dewatering	$109
Gen-LAG33-Coastal	$1,750
Gen-LAG38-Potable Water	$380
Gen-LAG42-Short-Term/Emergency	$550
Gen-LAG47-Auto Repair/Dealers	$291
Gen-LAG48-Light Commercial	$380
Gen-LAG49-Sand and Gravel	$726
Gen-LAG53-Sanitary Class I	$109
Gen-LAG54-Sanitary Class II	$291
Gen-LAG56-Sanitary Class III	$545
Gen-LAG57-Sanitary Class IV	$654
Gen-LAG67-Hydrostatic Test	$330
Gen-LAG75-Exterior Vehicle Wash	$291
Gen-LAG78-C and D Landfills	$726
Gen-LAG83- Petroleum UST Remediation	$1,089
Gen-LAG119-Concrete/Asphalt (SW)	$426
Gen-LAG309-UST Dewatering (SW)	$937
Gen-LAG679-Hydrostatic Test (SW)	$872
Gen-LAG759-Mobile Vehicle/Equipment Wash	$349
Gen-LAG839-Petroleum UST (SW)	$2,904
Gen-LAR04-Small MS4	Population: >1000 and <10,000: $110 >10,000 and <50,000: $550 > 50,000 and <150,000: $1,650
Gen-LAR05-Multi-Sector	$109
Gen-LAR06-DOTD Construction	I: $29,100 II: $36,375 III: $50,925 IV: $58,000
Gen-LAR10-Construction	$291

La. Admin. Code tit. 33, § IX-1309

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 11:534 (May 1985), amended LR 14:626 (September 1988), LR 18:731 (July 1992), LR 21:798 (August 1995), amended by the Office of Management and Finance, Fiscal Services Division, LR 22:19 (January 1996), amended by the Office of Water Resources, LR 24:326 (February 1998), amended by the Office of Management and Finance, Fiscal Services Division, LR 25:427 (March 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 29:689 (May 2003), LR 29:2052 (October 2003), amended by the Office of the Secretary, Legal Affairs Division, LR 35:1493 (August 2009), LR 35:2181 (October 2009), Amended by the Office of the Secretary, Legal Division, LR 43948 (5/1/2017), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 441241 (7/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2014(B), and R.S. 49:316.1(A)(2)(a) and (c).