Section 0400-45-06-.15 - FEES FOR CLASS I INJECTION WELLS(1) Permit Application Fees Applications for permits to construct, operate or abandon a Class I injection well shall be accompanied by the following fees:
(a) Construction Permit (New wells) $2,500(b) Operating Permit (Initial) $2,500(c) Abandonment Permit $2,500(d) Operating Permit (Renewal) $2,500(2) Operational Fees Owners or operators of Class I injection wells shall pay the following fees to the Department.
(a) Waste fluid injection fee $0.50 per 1,000 gallons(b) Annual permit maintenance fee $7,500 per well(c) Permit modification and reissuance fee $7,500 per well(d) Waste fluid injection fees must be paid after the effective date of the regulations regardless of the status of the permit.(3) All fees are due and payable as follows: (a) Application fees must be received with applications.(b) Operational fees 1. Fees for waste injection must be paid quarterly and are due at the time of submission of the quarterly monitoring reports as specified in the operating permit.2. Annual permit maintenance fees are due on the date these rules become effective or on the date the permittee commences injection, whichever is later, and on each successive anniversary unless the permit expires or is revoked.3. Permit modification and reissuance fees are due at the time of submission of the request by the permittee or thirty (30) days after notice of the need for modification has been sent to the permittee by the Commissioner.(4) If any part of any fee imposed under this paragraph is not paid within fifteen 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 unpaid balance shall accrue and be added thereto. In addition, the fees not paid within fifteen (15) days after the due date shall bear interest at the maximum lawful rate from the due date to the date paid.(5) The owner or operator of a Class I well who is required to pay fees set forth under this paragraph and who disagrees with the calculation or applicability of the fee may petition the Water Quality Control Board for a hearing. In order to perfect the hearing, a petition for a hearing together with the total amount of fee due must be received by the Department not later than fifteen (15) days after the due date. If it is finally determined that the amount in dispute was improperly assessed, the Commissioner shall return the amount determined to be improperly assessed with interest.(6) The Commissioner shall review permit applications for a Class I well to determine if the application contains all of the information required by the Commissioner.(a) If the application is deficient the Commissioner will specify the deficiency(ies) in writing and inform the applicant by certified mail within ninety (90) days after the effective date of this rule or the date of receipt of the application whichever is later.(b) If the application is complete the Commissioner will notify the applicant by certified mail and initiate the permit evaluation process within ninety (90) days after the effective date of this rule or the date of receipt of the application whichever is later.(c) If the application review is not completed within 90 days in accordance with subparagraphs (a) and (b) of this paragraph, the application fee shall be returned.(7) After notification that an application is complete, the Commissioner shall complete its evaluation of an application for a Class I well as follows:(a) Construction permit 180 days(b) Operating permit1. Existing well 180 days(c) Renewal permit 90 days(d) Abandonment permits 90 days(8) Upon completion of the review, the Commissioner will either deny the application or issue a draft permit for processing in accordance with paragraph (7) of this rule. To achieve a final permit decision, an additional ninety (90) days will be required.(9) The time periods provided in paragraphs (6), (7), and (8) of this rule shall be stayed if: (a) A legal action concerning the permit is pending before any board, court or independent agency.(b) The applicant requests that review be suspended.(c) The Commissioner issues a written notice of deficiency and until the applicant addresses said deficiency to the satisfaction of the Commissioner.Tenn. Comp. R. & Regs. 0400-45-06-.15
Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06.Authority: T.C.A. §§ 69-3-101 et seq., 68-203-101 et seq. and 4-5-201 et seq.