Wis. Admin. Code Department of Natural Resources NR 149.21

Current through August 26, 2024
Section NR 149.21 - Fees

The department shall establish fees for laboratories participating in the laboratory accreditation program. These costs include those associated with laboratory evaluations, discretionary acceptance of data, reciprocity, training, and collection of fees. Fees may not be prorated and, except for overpayment, are not refundable.

(1) TOTAL FEE INCOME.
(a) The laboratory accreditation program's total fee income shall be designed to generate revenues equal to the costs of administering this chapter. Any amendments to the formulas in this subsection shall be reviewed by the council prior to being proposed as rule amendments.
(b) The department may adjust the fee schedule according to the formulas in this subsection and the relative value unit items specified in Tables 1, 2, and 3. Annual fee adjustments shall be reviewed by the council and approved annually by the natural resources board.
(c) The following formulas shall be used to generate and adjust the laboratory accreditation program's fee schedule:
1. Fee Revenue Required = Projected Laboratory Accreditation Program Expenses - (Application Fees + Travel Reimbursement)
a. Fee Revenue Required is the total amount of revenue which shall be collected via fees to cover all laboratory accreditation program costs.
b. "Laboratory Accreditation Program Expenses" is the sum of all anticipated laboratory accreditation program expenses including salary, fringes, evaluation travel costs, supplies, and services. This includes travel costs for evaluation of out-of-state labs which are required to reimburse the laboratory accreditation program for laboratory evaluation travel costs. Application Fee revenues are excluded from the Fee Revenue required because the application fee revenues are variable and collected independently throughout an accreditation period.

Note: "Laboratory accreditation program expenses" may not exceed the legislature's approved spending authority for the laboratory accreditation program in a fiscal year. The department of administration approved spending authority is given in s. 20.370(9) (fj), Stats., and may be revised by the department of administration to recover laboratory accreditation program cost.

c. Application Fees is a three-year moving average of application fees received for the three most recent fiscal years.
d. Travel Reimbursement is a three-year moving average of out-of-state travel reimbursements for the three most recent fiscal years. Laboratory accreditation program costs related to travel for out-of-state audits are negated because the department recovers these costs directly from each lab.

Note: For example, given the following,

Projected Laboratory Accreditation Program Expenses = $612,121

Application Fees (three-year average) = $31,681

Travel Reimbursement (three-year average) = $17,079

Fee Revenue Required would be $612,121 - ($31,681 + $17,079) = $563,361.

2. Total # RV Units = [SIGMA] [ (#Laboratories in item) x (RV of item)].
a. Total # RV Units is the total number of RV units available for the fiscal year. It is the mechanism by which fees are distributed to individual laboratories.
b. "# Laboratories in item" is a count of how many laboratories will be assessed the fee for that item for a fiscal year, based on accreditations currently held.
c. The RV units for each fee item, "RV of item," are listed in Table 3. The total number of RV units is the sum of all base fee RV, matrix fee RV, and technology or class fee RV.

Note: For example, given the following,

Base RV: # Labs Registered (5 RV) = 225; # Labs Certified (10 RV) = 141;

Matrix RV = 341 Aqueous, 71 Solid, and 43 Drinking water.

Technology/Class RV= 2612 Aqueous, 943 Solid, and 575 Drinking water.

Base Fee RV Units = (225 x 5) + (141 x 10) = 2535

Matrix RV Units = (341+ 71+43) = 455 x 5 RV/Matrix = 2275

Technology/Class RV Units = (2612+ 943+575) = 4130 RV

Total # RV Units = 2535 + 2275 + 4130 = 8940 RV Units.

3. Cost per RV = Fee Revenue Required / Total # RV Units. The Cost per RV is the dollar value assigned to one RV unit and is used to establish all fees for items in Table 3 of this section. The cost per RV is rounded to the nearest $0.50 to simplify fee statements.

Note: For example, given the following,

Fee Revenue Required = $563,361

Total # RV Units = 8940 RVU

Cost per RV ($/RV) = $563,361 / 8940 RVU = $63.01/RV Units; rounded to the nearest $0.50 = $63.00/RV Units.

4. Laboratory fees = (# RV units for a given laboratory) x (Cost per RV). The sum of base, matrix, technology, and class fees for a given laboratory is multiplied by the cost per RV to determine the fee for each laboratory. Any outstanding administrative fees may also be added.

Note: For example, given the following for Pinestump Wastewater Treatment Plant Laboratory,

Base RV: 5 (registered)

Matrix RV =5 (aqueous matrix only)

Technology/Class RV= 4 (Oxygen Demand Assays = 3 RV; Gravimetric Assays - Residue = 1 RVU).

Total # RV Units = 5 + 5 + 4 = 14 RV Units

Laboratory fee = 14 RV Units x $63.00/RV Units = $882.00.

(2) ADMINISTRATIVE FEES. The department shall assess fees to recover the cost of specified administrative functions specified in this section, Table 1. Any outstanding administrative fees may be included as part of the annual fee.

Table 1 - Administrative Fees

Item

RV Units

Discretionary Acceptance (s. NR 149.11)

Actual Cost

Evaluation Cancellation 1

Incurred Costs

Evaluation for Enforcement Follow-Up

Actual Cost

Evaluation of Out-of-State Laboratories

Travel Cost

Late Renewal Fee2

2

1 Out-of-state laboratories may be required to reimburse the laboratory accreditation program for travel costs incurred by the cancellation or postponement of an evaluation, including airfare, hotel, and rental car expenses.

2 Assessed 30 days after payment due date.

(3) APPLICATION FEES.
(a) The department shall assess fees for all applications specified in this section, Table 2.
(b) The fee for an application also includes matrix and technology or class fees when a laboratory applies for a new matrix, technology, or class. The matrix fee is not required if a laboratory is applying for additional technologies or analytes within a matrix for which the lab already holds accreditation. Technology fees are not required if a laboratory already holds accreditation for that matrix and technology or matrix and class, for drinking water combination.

Note: Example - The application fee for a laboratory applying to add ammonia by colorimetry under the aqueous matrix is based on only the number of RV units for a revised application since the lab has already paid for the aqueous matrix and colori-metry technology as part of its renewal fees.

(c) Application fees are not refundable in either whole or part.
(d) If an application is not completed within a single fiscal year, the department may adjust the fees on the application to recover the difference in fees between the year the application was submitted and the year the application was completed. The laboratory shall pay this difference prior to receiving accreditations.

Table 2 - Application Fees

Item

RV Units

Initial Application

6

Revised Application

3

Reciprocity Application

4

Transfer of Ownership Application

4

(4) ANNUAL FEES. The department shall assess an annual fee to each laboratory holding accreditations under this chapter either directly or through agreements. A laboratory's annual fee shall be the sum of all the following:
(a) The base fees for accreditation. The department shall assess a base fee to all laboratories holding accreditations under this chapter. The number of RV units assigned to each type of base fee is specified in Table 3 of this subchapter.
(b) The matrix fees. The department shall assess a fee per matrix type to all accredited laboratories. The number of RV units assigned to each type of matrix fee is specified in this section, Table 3.
(c) All of the following analytical fees:
1. Analytical technology fees. The department shall assess a fee for each analytical technology, per matrix, to all accredited laboratories, in fields involving the aqueous and non-aqueous matrices. The assessed fee shall be based on the RV units specified in this section, Table 3.
2. Analytical class fees. The department shall assess a fee, per analytical class, to all certified laboratories in fields involving the drinking water matrix. The assessed fee shall be based on the RV units specified in this section, Table 3.
(d) Any outstanding administrative fees.

Table 3 - Annual Fees for Accreditation

Item

RV Units

A.

Administrative Fees

Outstanding administrative fees

per Table 1 of this subchapter

B.

Base Fees

Base Fee, Certification

10

Base Fee, Registration

5

C.

Matrix Fees

Matrix Fee, Aqueous

5

Matrix Fee, Drinking Water

5

Matrix Fee, Non-Aqueous

5

D.

Analytical Technology Fees for Aqueous and Non-Aqueous Matrices

General Chemistry

Oxygen Demand Assays (BOD or cBOD)

3

Colorimetric or Turbidimetric

2

Electrometric Assays (i.e. ion-selective electrodes)

Gravimetric Assays - Residues (solids)

Extraction/Gravimetric Assays - Oil & Grease as Hexane Extractable Materials (HEM)

1

1

2

Titrimetric or Potentiometric Titration Assays

1

Flow Injection-Gas Diffusion-Amperometry

Nondispersive Infrared (NDIR) or Microcoulometry

4

2

Ion Chromatography (IC)

4

Metals

Flame Atomic Absorption Spectrophotometry (FLAA)

Flame Photometry Spectrophotometry (FP)

2

2

Gaseous Hydride Atomic Absorption Spectrophotometry (GHAA)

3

Graphite Furnace Atomic Absorption Spectrophotometry (GFAA)

Cold Vapor Atomic Absorption Spectrophotometry (CVAA)

3

3

Cold Vapor Atomic Fluorescence Spectrophotometry (CVAFS)

3

Thermal Decomposition Atomic Absorption Spectrophotometry (TDAA)

3

Inductively Coupled Plasma Emission Spectrophotometry (ICP)

4

Inductively Coupled Plasma-Mass Spectrometry (ICP/MS)

Organics

5

Gas Chromatography (GC)

4

Gas Chromatography-Mass Spectrometry (GC/MS)

5

Liquid Chromatography (LC)

Liquid Chromatography-Mass Spectrometry (LC/MS)

4

5

High Resolution Gas Chromatography-Mass Spectrometry (HRGC/MS)

10

Other

Hazardous Waste Characteristics

2

Solid Waste Leaching Procedures

2

Whole Effluent Toxicity Assays

5

E.

Other

Analytical Class Fees for Drinking Water Matrix

Not to exceed 101

Disinfection By-products

5

Primary Inorganic Contaminants (Non-Metals)

3

Primary Inorganic Contaminants (Metals)

6

Secondary Contaminants (Non-Metals)

Secondary Contaminants (Metals)

2

3

Synthetic Organic Contaminants (SOC) - Dioxin

Synthetic Organic Contaminants (SOC) - Organochlorine Pesticides

8

3

Synthetic Organic Contaminants (SOC) - Nitrogen-Phosphorus Pesticides

3

Synthetic Organic Contaminants (SOC) - Herbicides

Synthetic Organic Contaminants (SOC) - Miscellaneous

3

4

Volatile Organic Compounds (VOC)

4

Other

Not to exceed 101

1 Actual cost will be determined by the department considering the complexity of the technology.

Wis. Admin. Code Department of Natural Resources NR 149.21

CR 06-005: cr. Register April 2008 No. 628, eff. 9-1-08.
Amended by, correction in (1) (c) 1. d. (Note) made under s. 13.92(4) (b) 7, Stats., Register November 2018 No. 755, eff. 12/1/2018
Amended by, CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21; correction in (4) (c) (intro.) made under s. 35.17, Stats., Register February 2021 No. 782, eff. 6/29/2021