Tenn. Comp. R. & Regs. 0400-40-11-.02

Current through June 26, 2024

Section 0400-40-11-.02 - FEES

(1) Types of Fees

(a) Application fees for permit issuance or renewal shall be paid in full upon submittal of an application. The Department will not process an application without having received the fee. No refunds of permit application fees may be made for any reason, other than as required by T.C.A. § 68-203-101 et seq.

(b) Fees for 401 Certification of permits issued by the U.S. Army Corps of Engineers shall be sent to the Department by the applicant with either a copy of or reference to the application filed with the Corps.

(c)

1. Except for part 2 of this subparagraph, permit annual maintenance fees shall be paid to the Department for every year the permit is in effect by the permittee. The annual maintenance fee shall be due within 45 days of issuance of an invoice.

2. Maintenance fees for post-project monitoring with fixed time periods shall be assessed in total at the time of permit issuance.

(d) Plan review fees must be submitted before the review will be conducted or approval granted.

(2) Schedule of Fees

(a) The Application Fees for the processing of applications for 401 certifications and ARAP permits and notices of intent for coverage under a general permit and for decentralized wastewater systems shall be as follows:

1. 401 Certification or ARAP (Capped at $5,000):

(i)	Projects with 5 or more points of impact and requiring compensatory mitigation	$5,000
(ii)	Projects not requiring compensatory mitigation, any number of impact points	$2,500
(iii)	Projects with less than 5 points of impact, with or without mitigation requirements	$2,500
(iv)	Watershed District Projects	$1,000
(v)	Projects seeking Notice of Coverage under a general permit	$500

(Note: Multiple impact points may be covered under one general permit provided the impacts are of the same general permit type, such that each impact would be subject to identical general permit conditions, and provided the cumulative degradation or other aspect of the activities does not require coverage under an individual permit.)

(vi) Personal residence, family farm, or recreational prospecting for gold or other precious and semi-precious ores, metals and minerals $50

(vii) Projects that replace, restore or repair public infrastructure or remediate damages from flooding or storm events and qualify for federal disaster assistance are exempt from subparts (i), (ii), (iii), (iv), (v) and (vi) of this part.

For the purposes of part 1 of this subparagraph, points of impact shall mean discreet physical locations on one or more jurisdictional water features within an overall project (common plan of development), at which regulated alteration activities are proposed.

2. Construction Stormwater permits:

(i)	Projects equal to or greater than 150 acres	$10,000
(ii)	Projects equal to or greater than 50 acres and less than 150 acres	$6,000
(iii)	Projects equal to or greater than 20 acres and less than 50 acres	$3,000
(iv)	Projects equal to or greater than 5 acres and less than 20 acres	$1,000
(v)	Projects equal to or greater than 1 acre and less than 5 acres	$250
(vi)	Projects seeking subsequent coverage under an actively covered larger common plan of development or sale	$100

3. Decentralized Wastewater Systems

(i)	Systems greater than 0.075 MGD	$1,000 plus $150 for each additional 0.02 MGD
(ii)	Systems greater than 0.05 MGD and less than 0.075 MGD	$1,000
(iii)	Systems greater than 0.02 MGD and less than 0.05 MGD	$750
(iv)	Systems less than 0.02 MGD	$500

(b) Permit Annual Maintenance Fees shall be as follows for these categories of permitted activities (Capped at $15,000):

1.	Gravel Dredging	$300
2.	Gravel Dredging for Personal Residence or Family Farm	$0
3.	Major Industrial Treatment Facility:
	(i) Flow equal to or greater than 10 MGD	$10,380
	(ii) Flow equal to or greater than 1 MGD and less than 10 MGD	$8,650
	(iii) Flow equal to or greater than 0.5 MGD and less than 1 MG	$6,920
	(iv) Flow equal to or greater than 0.1 MGD and less than 0.5 MGD	$5,190
	(v) Flow less than 0.1 MGD	$3,460
4.	Minor Industrial Treatment Facility:
	(i) Flow equal to or greater than 10 MGD	$6,920
	(ii) Flow equal to or greater than 1 MGD and less than 10 MGD	$5,190
	(iii) Flow equal to or greater than 0.5 MGD and less than 1 MGD	$3,460
	(iv) Flow equal to or greater than 0.1 MGD and less than 0.5 MGD	$1,380
	(v) Flow less than 0.1 MGD	$690
5.	Treated Wastewater Dischargers with flows [LESS THAN] 0.001MGD	$140
6.	Stormwater Discharge Permits associated with Industrial Activities:
	(i) Facilities equal to or greater than 500 acre	$970
	(ii) Facilities equal to or greater than 400 acres and less than 500 acres	$900
	(iii) Facilities equal to or greater than 300 acres and less than 400 acres	$830
	(iv) Facilities equal to or greater than 200 acres and less than 300 acres	$760
	(v) Facilities equal to or greater than 100 acres and less than 200 acres	$690
	(vi) Facilities equal to or greater than 50 acres and less than 100 acres	$620
	(vii) Facilities equal to or greater than 25 acres and less than 50 acres	$550
	(viii) Facilities equal to or greater than 10 acres and less than 25 acres	$480
	(ix) Facilities equal to or greater than 5 acres and less than 10 acres	$420
	(x) Facilities equal to or greater than 1 acres and less than 5 acres	$350
	(xi) Facilities equal to or greater than 0 acres and less than 1 acre	$0
7.	Sewage Treatment Facility Flow:
	(i) Flow equal to or greater than 5 MGD	$10,380
	(ii) Flow equal to or greater than 4.5 MGD and less than 5 MGD	$10,030
	(iii) Flow equal to or greater than 4 MGD and less than 4.5 MGD	$9,690
	(iv) Flow equal to or greater than 3.5 MGD and less than 4 MGD	$9,340
	(v) Flow equal to or greater than 3 MGD and less than 3.5 MGD	$9,000
	(vi) Flow equal to or greater than 2.5 MGD and less than 3 MGD	$8,300
	(vii) Flow equal to or greater than 2 MGD and less than 2.5 MGD	$7,610
	(viii) Flow equal to or greater than 1.5 MGD and less than 2 MGD	$6,920
	(ix) Flow equal to or greater than 1 MGD and less than 1.5 MGD	$6,230
	(x) Flow equal to or greater than 0.75 MGD and less than 1 MGD	$5,540
	(xi) Flow equal to or greater than 0.5 MGD and less than 0.75 MGD	$4,840
	(xii) Flow equal to or greater than 0.25 MGD and less than 0.5 MGD	$3,460
	(xiii) Flow equal to or greater than 0.1 MGD and less than 0.25 MGD	$1,730
	(xiv) Flow equal to or greater than 0.075 MGD and less than 0.1 MGD	$1,040
8.	Small Mechanical Facility flow less than 0.075 MGD	$690
9.	Small Non-Mechanical Facility flow less than 0.075 MGD	$350
10.	Non-Discharging Facility:
	(i) Influent flow equal to or greater than 0.5 MGD	$4,840
	(ii) Influent flow equal to or greater than 0.1 MGD and less than 0.5 MGD	$2,770
	(iii) Influent flow equal to or greater than 0.075 MGD and less than 0.1 MGD	$1,380
	(iv) Influent flow less than 0.075 MGD	$350
	(v) Satellite collection systems	$1,380
	(vi) Pump and haul	$350
11.	Other Waste or Wastewater Operations Requiring Permit	$1,380
12.	General Permits
	(i) For construction activities that exceed one year under general permit coverage:
	(I) Projects equal to or greater than 150 acres	$3,750
	(II) Projects equal to or greater than 50 acres and less than 150 acres	$2,000
	(III) Projects equal to or greater than 20 acres and less than 50 acres	$1,000
	(IV) Projects equal to or greater than 5 acres and less than 20 acres	$500
	(V) Projects equal to or greater than 1 acre and less than 5 acres	$125
	(ii) For minor activities that require no notification to obtain general permit coverage, recreational prospecting for gold or other precious and semiprecious ores, metals and minerals, or concentrated animal feeding operations	$0
	(iii) All other activities	$350
13.	Concentrated animal feeding operations covered by an individual permit	$350
14.	Municipal Pretreatment Programs as defined in subparagraph (2)(a) 0400-40-11-.01:	of Rule
	(i) Large Pretreatment Program	$6,920
	(ii) Medium Pretreatment Program	$4,150
	(iii) Small Pretreatment Program	$1,380
15.	Mining:
	(i) Area equal to or greater than 500 acres	$6,920
	(ii) Area equal to or greater than 400 acres and less than 500 acres	$6,230
	(iii) Area equal to or greater than 300 acres and less than 400 acres	$5,540
	(iv) Area equal to or greater than 200 acres and less than 300 acres	$4,840
	(v) Area equal to or greater than 100 acres and less than 200 acres	$4,150
	(vi) Area equal to or greater than 75 acres and less than 100 acres	$3,460
	(vii) Area equal to or greater than 50 acres and less than 75 acres	$2,770
	(viii) Area equal to or greater than 25 acres and less than 50 acres	$2,080
	(ix) Area equal to or greater than 10 acres and less than 25 acres	$1,380
	(x) Area equal to or greater than 5 acres and less than 10 acres	$1,040
	(xi) Area less than 5 acres $690
	(Note: Fees are based on area being mined or area not yet reclaimed.)
16.	Mining Reclamation	$350
17.	Stormwater Discharge Permits for Municipal Separate Storm Sewer Systems (MS4):
	(i) Large MS4s	$10,380
	(ii) Medium MS4s	$6,920
	(iii) Small MS4s	$3,460
18.	401 Certification or ARAP permits that require monitoring of permitted activities or compensatory mitigation	$500
19.	Water Withdrawal ARAP permits that require monthly operational reports, provided an annual maintenance fee has not been paid under Rule 0400-45-01-.32	$1,000

(c) Plan Review Fees shall apply to new facilities as well as the expansion or modification of existing facilities. If the submittal includes more than one listed category, the fee will be the sum of the fees listed for each individual category. Review of plans documents will not commence until all fees required by these rules are paid in full. Plan Review Fees shall be as follows (Capped at $1,500):

1.	Major Industrial Wastewater Treatment Facility:
	(i) Flow equal to or greater than 5 MGD	$1,500
	(ii) Flow less than 5 MGD	$1,000
2.	Minor Industrial Wastewater Treatment Facility:
	(i) Flow equal to or greater than 0.1 MGD	$ 500
	(ii) Flow less than 0.1 MGD	$ 250
3.	Sewage Treatment Facility:
	(i) Flow equal to or greater than 5 MGD	$1,500
	(ii) Flow equal to or greater than 1 MGD and less than 5 MGD	$1,000
	(iii) Flow equal to or greater than 0 .075 MGD and less than 1 MGD	$ 500
	(iv) Flow less than 0.075 MGD	$ 250
4.	Collection Systems or Force Main: $25.00 per 250 feet or portion thereof of sewage collection line or force main excluding service laterals. Total fee not to exceed $1,500.
5.	Equalization Basins:
	(i) Holding capacity equal to or greater than 5 million gallons (MG)	$ 300
	(ii) Holding capacity equal to or greater than 1 MG and less than 5 MG	$ 200
	(iii) Holding capacity equal to or greater than 0.075 MG and less than 1 MG	$ 100
	(iv) Holding capacity less than 0.075 MG	$ 50
6.	Pumping Stations:
	(i) Design capacity equal to or greater than 5 MGD	$ 300
	(ii) Design capacity equal to or greater than 1 MGD and less than 5 MGD	$ 200
	(iii) Design capacity equal to or greater than 0.075 MGD and less than 1 MGD	$ 100
	(iv) Design capacity less than 0.075 MGD (Does not include grinder pumps for septic tanks and septic tank effluent pumps)	$ 50
7.	Mining Operations:
	(i) Coal	$ 250
	(ii) Non-Coal - $25.00 per acre, not to exceed	$1,500
	(iii) Reclamation	$ 250
	(iv) Quarries	$ 250
8.	Wastewater Plant and/or Collection System Modification: The plans review fee for modifications to wastewater plants and/or collection systems shall be 20% of the full review fee based on the category and size of the resulting facility.

(d) Delegated Plans Review Authority:

Units of local government, which have been granted plans review authority, shall pay an annual fee of $1,000. Failure of local government to pay this fee will be cause for the revocation of plans review authority.

(e) Engineering Report Review

1.	Major Industrial Wastewater Treatment Facility:
	(i) Flow equal to or greater than 5 MGD	$1,500
	(ii) Flow less than 5 MGD	$1,000
2.	Minor Industrial Wastewater Treatment Facility:
	(i) Flow equal to or greater than 0.1 MGD	$500
	(ii) Flow less than 0.1 MGD	$250
3.	Sewage Treatment Facility:
	(i) Flow equal to or greater than 5 MGD	$1,500
	(ii) Flow equal to or greater than 1 MGD and less than 5 MGD	$1,000
	(iii) Flow equal to or greater than 0.075 MGD and less than 1 MGD	$500
	(iv) Flow less than 0.075 MGD	$250

(3) Collection of Fees

(a) Fees resulting from application for a permit, maintenance of a permit or plans review, shall be made Payable and Mailed to the Department of Environment and Conservation; Attention: Environmental Protection Fees - Water Resources.

(b) Payments shall be clearly identified as to the permit, application, or plans to which they apply.

(c) Fees are to be paid in full by the due date or, if required, at time of application.

(4) Penalties

(a) Any unpaid fee or portion thereof is subject to penalty.

(b) For any part of any fee imposed but not paid within the specified period of 15 days of the due date, a penalty of five percent (5%) of the amount due shall at once accrue and be added thereto. Thereafter, on the first day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional penalty of five percent (5%) of the then unpaid balance shall accrue and be added thereto. In addition, the fees not paid within 15 days after the due date shall bear interest at the maximum lawful rate from the due date to the date paid. However, the total of the penalties and interest that accrue pursuant to this paragraph shall not exceed three times the amount of the original fee.

(c) The Commissioner of Environment and Conservation may file an action in the Chancery Court of Davidson County or any Court of competent jurisdiction for a judgment in the amount owed the State under the Water Quality Control Act, T.C.A. §§ 69-3-101 et seq.

(5) Hearings

(a) Any person required to pay any fee specified in this rule, who disagrees with the calculation or applicability of the fee, may petition the Board of Water Quality, Oil and Gas for a hearing. In order to perfect a hearing, the objecting party must present to the Technical Secretary of the Board, not later than 15 days after the fee due date:

1. a petition for hearing, and

2. the total amount of the fee.

(b) Such hearing shall be in accordance with contested case provisions set forth in T.C.A. Title 4, Chapter 5.

(c) If the fee was improperly assessed, the Technical Secretary shall return the amount determined to be improperly assessed plus interest on the excess accrued from the date the fee was presented to the Technical Secretary.

Tenn. Comp. R. & Regs. 0400-40-11-.02

Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-11. Amendments filed January 14, 2014; effective April 14, 2014. Amendment filed June 13, 2014; effective September 11, 2014. Amendments filed February 8, 2016; effective 5/8/2016.

Authority: T.C.A. §§ 69-3-101 et seq., 68-203-101 et seq, and 4-5-201 et seq.