N.Y. Comp. Codes R. & Regs. tit. 6 § 481.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 481.4 - How much must be paid

(a) The amount of annual program fees each regulated person must pay is computed under Parts 482 through 486 of this Title, as applicable.

(b) The fee for a new or modified permit, certificate or approval for a prospective activity governed by a State environmental regulatory program is computed under Parts 482 through 486 of this Title, as applicable, but prorated from the date of issuance.

(c) For waste transporters only, fees are prorated based on the date that the permit becomes effective. All other program fees are prorated only from the date of issuance. Prorated fees are calculated by multiplying the annual fee by the number of days remaining in the calendar or permit year (number of days in permit year for waste transporter program fees) from the date of issuance, divided by 365.

(d) The department may change any program fee for a calendar or permit year at any time during the calendar or permit year or within the three calendar or permit years next following the close of the calendar or permit year for which the fee is being changed.

(e) Any person who has paid the applicable program fees for a given calendar year may request that the department redetermine the program fees for that year under section 483.3 or 485.3 of this Title at any time during that calendar year or within the calendar year next following the close of the calendar year for which the fee was paid based solely on the amount of hazardous waste that was treated, stored, disposed or generated, or the amount of water discharged. The request for this redetermination must be made under section 481.9 of this Part except that the time limits of this Part for making the request apply.

(f) Except for the fees described in section 483.1(a) and (b)(1) of this Title, fees are owed for the entire calendar or permit year even in the event a permit is suspended, revoked, modified to reduce the scope of the permitted activity, not utilized or voluntarily surrendered by the permittee during the calendar or permit year. In the event a sale of business during the calendar or permit year occurs, the original permittee is responsible for a full permit or calendar year payment. The original permittee may request reimbursement for the applicable portion of the calendar or permit year from the new permittee.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 481.4