HomeMy WebLinkAboutSWRCB - Annual Waste Discharge Permit Fees Menchaca, Clarissa
From: Bennett, Robin
Sent: Tuesday, September 11, 2018 2:40 PM
To: McCracken, Shari; Kim, Sang
Cc: Raevsky, Cathy; Schmidt, Dennis; Menchaca, Clarissa
Subject: FW: NOTICE OF PROPOSED EMERGENCY RULEMAKING - ANNUAL WASTE DISCHARGE
PERMIT FEES
Attachments: notice_wqfees_proposed emergency rulemaking_with fee sch.pdf
Please see the attached Notice from the State Water Resources Control Board regarding the Annual Water
Discharge Permit Fees.
Thank you,
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From: lyris@swrcb18.waterboards.ca.gov<lyris@swrcb18.waterboards.ca.gov>
Sent:Tuesday, September 11., 2018 2:24 PM
To: Bennett, Robin <RBennett@buttecounty.net>
Subject: NOTICE OF PROPOSED EMERGENCY RULEMAKING -ANNUAL WASTE DISCHARGE PERMIT FEES
PPraOar: This is a message from the State Water Resources Control Board
Attached is a Notice of Proposed Emergency Rulemaking on Annual Waste Discharge Permit Fees.
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1
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State Water Resources Control Board
NOTICE OF PROPOSED EMERGENCY RULEMAKING
Annual Waste Discharge Permit Fees
Amendments to Division 3 of Title 23 of the California Code of Regulations
Required Notice of Proposed Emergency Action
Government Code section 11346.1, subdivision (a)(2) requires that, at least five working days
prior to submission of a proposed emergency action to the Office of Administrative Law (OAL),
the adopting agency provide a notice of the proposed emergency action to every person who
has filed a request for notice of regulatory action with the agency. After submission of the
proposed emergency to OAL, the OAL shall allow interested persons five calendar days to
submit comments on the proposed emergency regulations as set forth in Government Code
section 11349.6.
The State Water Resources Control Board (State Water Board) sent out to interested parties via
electronic mail on September 7, 2018 the proposed changes to Title 23, Division 3, Chapter 9,
Article 1, Sections 2200, 2200.4, 2200.6, and 2200.8 of the California Code of Regulations on
September 20, 2018. This notification satisfies the notification requirements of Government
Code section 11346.1(a)(2).
Proposed Emergency Action
Water Code section 13260(f) requires the State Water Board to adopt emergency regulations
revising and establishing fees to be deposited in the Waste Discharge Permit Fund in the State
Treasury. Water Code section 13260(f)(1) requires the State Water Board to adjust the fee
schedule each fiscal year to conform to the revenue levels set forth in the annual Budget Act.
At its September 20, 2018 meeting, the State Water Board will consider adopting emergency
regulations that adjust waste discharge permit fees to conform to the revenue levels set forth in
the Budget Act for Fiscal Year(FY) 2018-19.
Proposed Text of Emergency Regulations
The proposed text of the emergency regulations is attached. The State Water Board may revise
the proposed emergency regulations based on comments received prior to and during its
September 20 board meeting. The State Water Board is not required to provide any additional
public notice prior to adopting revisions to the proposed emergency regulations.
Finding of Emergency (Gov. Code, § 11346.1, subd. (b))
The State Water Board has a mandatory legal duty to adopt emergency regulations revising the
fees as necessary each fiscal year pursuant to Water Code section 13260(f). Water Code
section 13260(f)(2) states that"[t]he adoption of these regulations is an emergency and shall be
considered by the Office of Administrative Law as necessary for the immediate preservation of
the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5
FELICIA MARCUS,CHAIR I EILEEN SOBECK,EXECUTIVE DIRECTOR
1001 I Street,Sacramento,CA 95814 Mailing Address:P.O.Box 190,Sacramento,CA 95812-0100 www.waterboards.ca.gov
Ca IIECYCLEH PAPER
Notice of Proposed - 2- September 11, 2018
Emergency Rulemaking
(commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any
emergency regulations . . . shall remain in effect until revised by the State Water Board."
Authority and Reference (Gov. Code, § 11346.5, subd. (a)(2))
Water Code section 13260(f).
Informative Digest(Gov. Code, § 11346.5, subd. (a)(3))
Under Water Code section 13260(d)(1)(A), any person discharging waste, or proposing to
discharge waste, that could affect the quality of the waters of the state must pay an annual fee
in accordance with the fee schedule adopted by the State Water Board.
The proposed emergency regulations will change fees for waste discharge permit holders for
FY 2018-19 as follows:
Waste Discharge Requirement(WDR)—The WDR program budget for FY 2018-19 is
$33.4 million and projected revenue is$28.2 million. Staff is proposing to partially make up the
$5.2 million structural deficit by increasing all WDR fee categories approximately 9.5 percent to
generate $2.7 million in revenue and defer the balance for consideration until next fiscal year.
All applicable surcharges will remain unchanged for FY 2018-19.
Water Quality Certification (WQC)—The WQC program budget for FY 2018-19 is
$12.4 million and projected revenue is$10.5 million. Staff is proposing to partially make up the
$1.9 million structural deficit by increasing all WQC fee categories approximately 9.2 percent to
generate $967,000 in revenue and defer the balance for consideration until next fiscal year.
Staff is also making minor edits to the WQC fee schedule to include clarifying language.
NPDES—The NPDES program budget for FY 2018-19 is $33.0 million and projected revenue is
$27.6 million. Staff is proposing to partially make up the $5.4 million structural deficit by
increasing all NPDES fee categories approximately 10 percent to generate $2.7 million in
revenue and defer the balance for consideration until next fiscal year. All applicable surcharges
will remain unchanged for FY 2018-19.
Confined Animal Facilities (CAF)—The CAF program budget for FY 2018-19 is $5.1 million
and projected revenue is $4.6 million. Staff has considered the factors in Water Code section
13260, subdivision (d)(1)(D) and is proposing to partially make up the$559,000 structural deficit
by increasing all CAF fee categories approximately 6.2 percent to generate $285,000 in revenue
and defer the balance for consideration until next fiscal year.
Agricultural (Ag) Lands—The Ag Lands program budget for FY 2018-19 is $7.8 million and
projected revenue is $6.7 million. Staff is proposing to partially make up the $1.2 million
structural deficit by making the changes below to generate $593,000 in revenue and defer the
balance for consideration until next fiscal year.
Staff is proposing to increase fees by approximately 8.9 percent for dischargers belonging to a
group that is subject to WDRs or a waiver of WDRs and is responsible for coordinating water
quality monitoring and best management practice development, training and implementation,
and generally assists its members with complying with the WDRs or waiver of WDRs, and has
been approved by the state board to manage fee collection.
Notice of Proposed - 3- September 11, 2018
Emergency Rulemaking
Staff is proposing a new fee for dischargers that are members of a group that provides
monitoring-only services and manages the fee collection for members, but does not perform the
other functions described above. The monitoring-only model is currently utilized only in the
Central Coast Region and by only one group. The proposed fee for these dischargers is a
$100 base fee plus $1.90 per acre, which is double the proposed per acre fee of$0.95 for those
members belonging to a group that performs all of the functions described above and also
manages fee collection. The higher fee is required to cover costs for work performed by
Regional Board staff that would typically be performed by a group.
Staff is also proposing to raise the base fee and decrease the per acre fee for dischargers that
are members of a group that performs the functions described above except managing fee
collection. The proposed base fee increase is from $100 to $250 and the proposed per acre fee
decrease is from $1.47 to $1.43. $1.43 is one and a half times the proposed per acre fee for
those members belonging to a group that performs all of the functions, including managing fee
collection. There are currently no fee payers in this tier.
Programs with No Proposed Fee Increases—The Land Disposal, Storm Water and Cannabis
programs are projected to generate sufficient revenue to meet budgeted expenditures.
Therefore, staff is proposing no fee increases for FY 2018-19 for these programs. in addition,
the FY 2017-18 one-year fee reduction for the Land Disposal programs will be removed.
There is no comparable federal statute or regulation.
Other Matters Prescribed by Statute (Gov. Code, § 11346.5, subd. (a)(4))
No other matters are prescribed by statute or regulation applicable to the State Water Board.
Local Mandate (Gov. Code, § 11346.5, subd. (a)(5))
The proposed emergency regulations do not impose a mandate on local agencies or school
districts because they do not mandate a new program or a higher level of service of an existing
program. The fee schedule applies equally to public and private entities and is not unique to
local government. No state reimbursement is required by part 7 (commencing with section
17500) of division 4 of the Government Code.
Estimate of Cost or Savings (Gov. Code, § 11346.5, subd. (a)(6))
Under the proposed emergency regulations for this fiscal year, most local and state agencies
will pay increased fees over last year. The amended fee schedule will result in a total estimated
increase to state agencies of about$150,052. There is no cost to any local agency or school
district for which reimbursement is required or other nondiscretionary cost of savings imposed
on local agencies. There is no cost or savings in federal funding to the state.
September 11, 2018 6curarl)Q.-
Date
Jeanie`Townsend
Clerk 16 the Board
2047184819 Fee Schedules
CALIFORNIA CODE OF REGULATIONS
TITLE 23. Division 3. Chapter 9.Waste Discharge Reports and Requirements
Article 1. Fees
Section 2200. Annual Fee Schedules.
Each person for whom waste discharge requirements have been prescribed pursuant to Section
13263 of the Water Code shall submit, to the state board, an annual fee in accordance with the
following schedules. The fee shall be submitted for each waste discharge requirement order
issued to that person.'
(a) The annual fees for persons issued waste discharge requirements (WDRs), except as
provided in subdivisions (a)(3), {a)('l), (b), and (c), shall be based on the discharge's threat to
water quality (TTWQ) and complexity (CPLX) rating according to the following fee schedule,
plus applicable surcharge(s). For Fiscal Year 2017 18, Land Disposal dischargers will receive a
12.6 percent fce reduction of the calculated fcc, prior to the addition of any applicablc
surcharge.
ANNUAL FEE SCHEDULE FOR WASTE DISCHARGE REQUIREMENTS
Type of Discharge
Threat to Water Complexity a
Quality (CPU() Discharge to Land or Land Disposal
(TTWQ) Surface Waters2 Not Paying a Paying a
Tipping Fee4 Tipping Fear
1 A $109,095119,459 $70,7816 $59,2526
1 B $68,90175,447 $57,168 $47,856
1 C $ 40,710 $36,751 $30,766
2 A $24,83327,192 $30,625 $25,638
2 B $1.1,92916,347 $24,502 $20,510
2 C $4-1-1-9612.259 $18,376 $15,383
..........................
3 A $ 39,661 $12,250 $10,256
1 Federal facilities will generally not be invoiced for the portion of the annual fee that is attributable to the state board's ambient
water monitoring programs. See Massachusetts v. United States(1978)435 U.S.444.
2 For this table,discharges to land or surface waters are those discharges of waste to land or surface waters not covered by NPDES
permits that are regulated pursuant to Water Code Section 13263 that do not implement the requirements of Title 27 of the
California Code of Regulations(CCR). Examples include,but are not limited to,wastewater treatment plants,erosion control
projects,and septic tank systems. It does not include discharge of dredge or fill material,discharges from agricultural lands,
including irrigated lands,or discharge from animal feeding operations.
Dischargers covered by a WDR for municipal and domestic discharges with permitted flows of less than 50,000 gallons per day in
categories 2-B,2-C,3-B and 3-C will receive a 50 percent fee discount. The design flow shall be used where no permitted flow is
present. Municipal and domestic discharges receiving the discount are defined as discharges from facilities that treat domestic
wastewater or a mixture of wastewater that is predominately domestic wastewater. Domestic wastewater consists of wastes from
bathroom toilets,showers,and sinks from residential kitchens and residential clothes washing. It does not include discharges from
food preparation and dish washing in restaurants or from commercial laundromats. Dischargers covered by a Landscape Irrigation
General Permit issued by the state board will be assessed a fee associated with TTWQ/CPLX rating of 3B.
'For this table,land disposal discharges are those discharges of waste to land that are regulated pursuant to Water Code Section
13263 that implement the requirements of CCR Title 27,Division 2,except Chapter 7,Subchapter 2,§22560-22565(confined
animal facilities). Examples include,but are not limited to,discharges associated with active and closed landfills,waste piles,
surface impoundments,and mines.
4 For this table,Not Paying a Tipping Fee are those land disposal dischargers not subject to Public Resources Code(PRC)§48000
et seq.
5 For this table,Paying a Tipping Fee are those land disposal dischargers subject to PRC§48000 et seq.
6 A surcharge of$12,000 will be added for Class I landfills. Class I landfills are those that,during the time they are,or were,in
operation,are so classified by the regional board under 23 CCR Chapter 15,have WDRs that allow(or,for closed units,allowed)
them to receive hazardous waste,and have a permit issued by the Department of Toxic Substances Control under 22 OCR
Chapter 10,§66270.1 et seq.
1
204;184819 Fee Schedules
3 B $4,69-85 145 $9,188 $7,690
3 G $278662.286 $4,082 $3,419
............. .............. ... .
Oil and gas produced water storage and disposal facilities regulated by waste discharge
requirements are subject to a surcharge according to the following schedule:
Surcharge per Barrels of Waste Water Discharged
TTVVQ&CPLX in the Prior 12 Months
Rating No Barrels 1 to 999,999 1,000,000 or
Barrels more Barrels
1A $600 $1,000 $50,000
1B $600 $1,000 $50,000
1C $600 $1,000 $50,000
2A $600 $1,000 $40,000
2B $600 $1,000 $30,000
2C $600 $1,000 $10,000
3A $600 $1,000 $4,000
3B $600 $1,000 $2,000
3C $600 $600 $600
(1) Threat to water quality (TTWQ)7 and complexity (CPLX) of the discharge is assigned by the
regional board in accordance with the following definitions:
THREAT TO WATER QUALITY
Category "1"—Those discharges of waste that could cause the long-term loss of a
designated beneficial use of the receiving water. Examples of long-term loss of a beneficial
use include the loss of drinking water supply, the closure of an area used for water contact
recreation, or the posting of an area used for spawning or growth of aquatic resources,
including shellfish and migratory fish.
Category "2"—Those discharges of waste that could impair the designated beneficial uses
of the receiving water, cause short-term violations of water quality objectives, cause .
secondary drinking water standards to be violated, or cause a nuisance.
Category "3"—Those discharges of waste that could degrade water quality without violating
water quality objectives, or could cause a minor impairment of designated beneficial uses as
compared with Category 1 and Category 2.
COMPLEXITY
Category "A"—Any discharge of toxic wastes; any small volume discharge containing toxic
waste; any facility having numerous discharge points and groundwater monitoring; or any
Class 1 waste management unit.
In assigning a category for TTWQ,a regional board should consider duration,frequency,seasonality,and other factors that might
limit the impact of the discharge.
2
204-718-4-1119 Fee Schedules
Category "B"—Any discharger not included in Category A that has physical, chemical, or
biological treatment systems (except for septic systems with subsurface disposal), or any
Class 2 or Class 3 waste management units.
Category"C"—Any discharger for which waste discharge requirements have been
prescribed pursuant to Section 13263 of the Water Code not included in Category A or
Category B as described above. Included are dischargers having no waste treatment
systems or that must comply with best management practices, dischargers having passive
treatment and disposal systems, or dischargers having waste storage systems with land
disposal.
(2) For dischargers covered under Statewide General WDRs for Sanitary Sewer Systems, the
TTWQ and CPLX designations are assigned based on the population served by the sanitary
sewer system. The table below describes the correlation between population served and
TTWQ and CPLX designations to determine the appropriate annual fee:
Population Servede Threat and Complexity
Designation
Less than 50,000 SC
50,000 or more 2C
(3) The fees for discharges of dredge and fill material shall be as follows.'
STANDARD FEED
Discharge Category Application Fee" Project Fee Annual Fee12
(A)Fill and Excavation"Discharges Impact area in acres x
Discharge area expressed in acres rounded to two $13,26814 489,minus
decimal places(0.01 acre) application fee,up to a
$4;6991 638 maximum of $4.6081 638
$1-30,009142.100(if
balance equals less than
the application fee,no
proiect fee is required).
8 Assumes 2.5 persons per equivalent dwelling unit(EDU).
9 Fees shall be based on the sum of temporary and permanent impact amounts to be authorized by the order. Impacts include both
the excavation and fill area and the dredging area. If water quality certification is issued in conjunction with dredge or fill WDRs or
issued for a discharge regulated under preexisting WDRs for the same project,the project will be assessed a single fee derived
from this dredge and fill fee schedule. Discharges requiring certification and regulated under a federal permit or license other than
a US Army Corps of Engineers Clean Water Act Section 404 permit or a Federal Energy Regulatory Commission License shall be
assessed a fee determined from Section 2200(a).
1° Fees shall be based on the sum of project impacts. Projects that include both category(A)and category(B)discharges shall be
subject to the category(A)application and project fees. A single annual fee shall be assessed based on the higher of the
applicable annual fee categories.
"Dischargers shall pay a one-time application fee for each project at the time that the application or report of waste discharge is
submitted.
12 Consistent with Section 2200.2,the sum of the Aapplication isfee and the laproject Flee shall serve as the first annual fee. If the
submittal of this first annual fee does not coincide with the current fiscal year billing cycle,then the next,and only the next,fiscal
year billing shall be adjusted to account for the payment of the Aapplication Ree and tho Projoct Foo. The annual fee for
category(B)dredging discharges will be calculated using the annual dredge volume authorized in the applicable Order.
13"Excavation"refers to removing sediment or soil in shallow waters or under no-flow conditions,typically for purposes other than
navigation. Examples include,but are not limited to,trenching for utility lines;other earthwork preliminary to discharge;removing
sediment to increase channel capacity;and other flood control and drainage maintenance activities(e.g.,debris removal,
vegetation management and removal,detention basin maintenance and erosion control of slopes along open channels and other
drainage facilities).
3
2047184819 Fee Schedules
(13)Dredging"Discharges Annual dredge volume
(except Sand Mining-see(C)below) in cubic yards x
Dredge volume expressed in cubic yards. $0.329358,up to a
$476001.638 N/A project maximum of
$130,000142,100. The
minimum annual fee is
$476001,638.
SPECIAL/FLAT FEE15
Discharge Category Application Fee11 Annual Fee
(C)Sand Mining Dredging Discharges
Aggregate extraction in marine waters where source material is free of pollutants and the $476001 638 •
$ 20819
dredging operation will not violate any basin plan provisions.
(D)Ecological Restoration and Enhancement Projects
Projects undertaken for the seleprimary purpose of restoring or enhancing the beneficial
uses of water. This schedule does not apply to projects required under a regulatory
mandate or to projects that are not primarily intended for ecological restoration or $400437 $240218
enhancement,e.g.,land development. This category does not include mitigation banking
or in-lieu fee programs,or proiects implemented in response to an enforcement action.
(E)Low Impact Discharges
Projects may be classified as low impact discharges if they project meets all of the
following criteria:
1.The discharge size is less than all of the following:(a)for fill,0.1 acre,and 9300
linear feet,and(b)for dredging,25 cubic yards.
2.The discharger demonstrates that:(a)all practicable measures will be taken to
avoid impacts;(b)where unavoidable temporary impacts take place,waters and
vegetation will be restored to pre-project conditions as quickly as practicable;and
(c)where unavoidable permanent impacts take place,there will be no net loss of $4-;5001.638 $200218
wetland,riparian area,or headwater functions,including onsite habitat,habitat
connectivity,floodwater retention,and pollutant removal.
3.The discharge will not do any of the following:(a)directly or indirectly destabilize a
bed of a receiving water;(b)contribute to significant cumulative effects;(c)cause
pollution,contamination,or nuisance;(d)adversely affect candidate,threatened,or
endangered species;(e)degrade water quality or beneficial uses;(f)be toxic;or(g)
include"hazardous"or"designated"material.
(F)Emergency Projects Authorized by a Water Board General Order
$4;69431.638 $240218
. ..... ....
(G)Amended Orders
Amendments of WDRs or water quality certifications previously issued.
(1) All category(D)Ecological Restoration and Enhancement Proiects,regardless of (la) No fee required Annual fee
amendment type. applicable per
(2,a) Administrative amendments including,but not limited to,ownership changes, Lia) No fee discharge category
typographic edits,or time extensions that do not result in a temporal loss of required$300-flat fee
resource function. Amendments in this category require no technical analysis or
additional compensatory mitigation.
(c) $200 flat foo
(24) Amendment results in change(s)in impact character,location,or volume of the (2d) Additional
discharge;or a time extension that results in a temporal loss of resource function, standard fee
according to the following criteria: ='-- -•. - • - - -- . assessed per
- -- -- -- •: _:••- - - •. . . • ..._ � •. __ _ _ .
increased amount
of discharge(s).,
modified
14"Dredging"refers to removing sediment or aquatic vegetationeeperwater,typically in deeper water for navigation purposes.
For fee purposes,this fee category includes aggregate extraction within stream channels,where the substrate is composed of
coarse sediment(e.g.,gravel)and is reshaped-replenished by normal winter flows(e.g.,point bars).
15 To qualify for a special/flat fee category,the whole of a project must meet the fee category description(i.e.,all project discharges
are limited to those defined by the fee category).
's Dischargers that have met the project fee cap will be assessed the minimum fee for each amendment of previously-issued WDR
or water quality certification. .
4
2047184819 Fee Schedules
• Amendment increases the active certification's impact quantity by less The minimum fee
than 50 percent,and is$1,638.
• Amendment does not require a change to the mitigated aquatic resource
type.
(_4e) Amendment requires a supplemental CEQA analysis,or (4e) New standard
Amendment results in changes}in impact character.location,or volume of the fee assessed per
discharge,or a time extension that results in a temporal loss of resource function, new project
according to the following criteria: - - -•.•- - --' - - -- • . discharge total. The
"'• - minimum fee is
• Amendment increases the active certification's impact quantity by more $1,638.
than 50 percent.or
• Amendment requires a change to the mitigated aquatic resource type.
(b) The annual fees for persons issued NPDES permits shall be based on the following
schedules, plus any applicable surcharge(s).
(1)(A) Each public entity that owns and/or operates a storm water conveyance system, or part of
such a system, that is subject to a NPDES permit for storm water discharges from a municipal
separate storm sewer system (MS4) shall pay an annual fee according to the following
schedule. The fee shall be based on the population of the public entity according to the most
recently published United States Census. For public entities other than cities or counties (Non-
Traditional Small MS4s46E), shall pay an annual fee according to the following schedule, based
on the average daily population18 using the entities' facilities, unless otherwise provided in the
schedule. Flood control districts or other special districts named as co-permittees to MS4
permits and school districts, serving students between kindergarten and fourteenth grade, shall
not pay an annual fee if the city or county within whose jurisdiction the district lies, pays an
annual fee.
ANNUAL FEE SCHEDULE FOR AREAWIDE MUNICIPAL STORM WATER
SEWER SYSTEM PERMITS AND CO-PERMITEES
Population equal to or greater than 250,000 $56,921
Population between 200,000 and 249,999 $49,805
Population between 150,000 and 199,999 $42,974
Population between 100,000 and 149,999 $35,577
Population between 75,000 and 99,999 $28,461
Population between 50,000 and 74,999 $21,344
Population between 25,000 and 49,999 $14,230
Population between 10,000 and 24,999 $8,539
Population between 1,000 and 9,999 $5,692
Less than 1,000 population $2,847
Statewide Permit Holders $227,682
High Speed Rail Authority $133,500
4611 Non-Traditional Small MS4s are facilities that have systems similar to separate storm sewer systems in municipalities,such as
systems at military bases,large hospital or prison complexes,and highways and other thoroughfares. (40 C.F.R.
§122.26(b)(16)(iii)).
4.1 Total daily population must include resident and commuter populations. For community services districts,total daily population
must include resident population and non-residents regularly employed in the areas served by the district.
5
2047184819 Fee Schedules
(B) Dischargers applying for the Small MS4 Waiver of a General Permit to Discharge Storm
Water Associated with Small Municipal Activity issued by the state board shall pay an
application fee of$200.
(2)Any entity or entities submitting a watershed improvement plan to the regional board for
review pursuant to Section 16102 of the Water Code shall reimburse the regional board for its
costs12 to review and oversee the implementation of the plan, which shall be calculated using
a rate of$150.00 per hour.
(3) Facilities that discharge storm water associated with industrial activities that are regulated by
a state board or regional board general NPDES storm water permit shall pay an annual fee of
$1,400. An amount equal to the fee prescribed shall be submitted with the discharger's Notice
of Intent (NOl) to be regulated under a general NPDES permit and will serve as the first annual
fee. For the purposes of this section, an NOI is considered to be a report of waste discharge.
(4)(A) Storm water discharges associated with construction activities that are regulated by a
general NPDES storm water permit other than those covered under (b)(5), including those
issued by a regional board, shall pay an annual fee of$400 plus $42 per acre (rounded to the
nearest whole acre and dollar amount), to a maximum fee of$6,700, based on the total acreage
to be disturbed during the life of the project as listed on the NOI. An amount equal to the fee
prescribed shall be submitted with the discharger's NOl to be regulated under a general NPDES
permit and will serve as the first annual fee. For the purposes of this section, an NOI is
considered to be a report of waste discharge.
(B) Dischargers applying for the Small Construction Rainfall Erosivity Waiver of a General
Permit to Discharge Storm Water Associated with Construction Activity issued by the state
board shall pay an application fee of$200.
(5) Discharges associated with mosquito and vector control activities4420 that are regulated by
an individual or general NPDES permit adopted specifically for these purposes, including those
issued by a regional board, shall pay a fee of$244250. Dischargers filing an application for a
mosquito and vector control permit shall pay a fee of$241.250. The fee shall be paid each time
an application for initial certification or renewal of certification is submitted. Mosquito and vector
control fees are not subject to ambient water monitoring surcharges.
(6) Planned and emergency discharges from community water systems that are regulated by a
general NPDES permit adopted specifically for this purpose shall pay an application fee and
subsequent annual fees (if applicable) based on the number of service connections for the
public water system in accordance with the following schedule. The application fee shall be
submitted with the discharger's NOl to be regulated by the general NPDES permit. For
purposes of this section, an NOI is considered to be a report of waste discharge.
Dischargers with a Single System
Service Connections Application Fee Annual Fee
15—999 $3-1-00110 No Annual Fee
1,000—9,999 $500550 $500550
'812These costs include labor,state board and regional board administrative costs,and overhead costs.
'a2Q A mosquito and vector control activity involves discharge of pesticides into a designated area for the maintenance and control of
mosquito larva for the protection of public health from the outbreak of lethal diseases. A mosquito and vector control agency
discharges pesticides into surface waters for the control of mosquito larva.
6
20 184819 Fee Schedules
.......................
10,000+ $2,0622.268 $2,0622.268
Transmission System or
$2,0622 268 $2,0622,268
Water Wholesaler
Dischargers with Multiple Systems
Total Number of Service Application Fee Annual Feez°?i
Connections
15 W 999 $400110 No Annual Fee
$500550 per Primary System
1,000—9,999 $598550 fee
plus
$180-110per Secondary System
$2 222 268 per Primary
10,000+ $2;0622268 System fee
plus
$1$8110 per Secondary System
$2,0622.268 per Primary
Transmission System or $2,0622.268 System fee
Water Wholesaler Systemplus
$1.88110 per Secondary System
(7) Discharges from public wastewater treatment facilities that are regulated by a general
NPDES permit adopted specifically for this purpose and all other NPDES permitted discharges,
except as provided in (b)(8), (b)(9), and (c), shall pay a fee according to the following formula:
Fee equals $ 2,268 plus4,011 multiplied by the permitted flow, in mgd, with a
maximum fee of$x,537567,091 plus any applicable surcharge(s).
If there is no permitted effluent flow specified, the fee shall be based on the design flow of the
facility.
NPDES permitted industrial discharges2&with a threat/complexity2 rating of 1A, 1 B, or 1C
are subject to a surcharge as follows:
Threat/Complexity Rating 1A- $15,000
Threat/Complexity Rating 1B- $10,000
Threat/Complexity Rating IC- $5,000
Public wastewater treatment facilities with approved pretreatment programs are subject to a
surcharge of$10,000. Agencies with multiple facilities under one approved pretreatment
program shall pay a $10,000 surcharge per program.
2°j All Transmission Systems and Water Wholesaler Systems are Primary Systems. If the Discharger does not have a
Transmission System or a Water Wholesaler System,the Discharger's individual water system with the highest number of service
connections will be designated as the Primary System. All systems that are not Primary Systems are designated as Secondary
Systems.
2422 NPDES permitted industrial discharger(s)means those industries identified in the Standard industrial Classification Manual,
Bureau of Budget,1967,as amended and supplemented,under the category"Division D-Manufacturing"and such other classes
of significant waste producers as,by regulation,the U.S.EPA Administrator deems appropriate.(33 USC Sec.1362).
2224 Threat/complexity categories are listed under(a)(1)of this document.
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2047184819 Fee Schedules
(8)(A) Flow for wet weather municipal facilities2324 will be based on the previous five years'
actual monthly average flowa425, as of the date the permit is issued.
(B) Notwithstanding (8)(A), the minimum annual fee for wet weather municipal facilities shall be
$20,000.
(9) All other general NPDES permits and de minimis discharges2'26 that are regulated by an
individual or general NPDES permit, including those issued by a regional board, shall pay a fee
as follows:
Category 1 --Discharges that require treatment systems to meet priority toxic pollutant
limits and that could impair beneficial uses if limits are violated: $11- 7713.065
Category 2 —Discharges that require treatment systems to meet non-priority pollutant
limits, but are not expected to impair beneficial uses if limits are violated. Examples
of non-priority pollutants include, but are not limited to, nutrients, inorganic
compounds, pH, and temperature: $7,1777,895
Category 3— Discharges that require minimal or no treatment systems to meet limits and
pose no significant threat to water quality: $2,0622,268
'l Wet weather municipal facilities are intermittently operated facilities that are designated specifically to handle flows during wet
weather conditions.
a`-The actual monthly average flow is defined as the average of the flows during each of the months that the discharge occurred
during the previous five-year period.
aers De minimis discharge activities include,but are not limited to,the following:aquaculture activities(as defined in Chapter 40,
Section 122.25(b)of the Code of Federal Regulations)defined as managed water areas that use discharges of pollutants into that
designated area for maintenance or reproduction of harvestable freshwater,estuarine,or marine plants or animals including fish
hatcheries;geothermal facilities that utilize,extract,or produce energy from geothermal fluids for heating,generating power,or
other beneficial uses,and discharge geothermal fluids to surface waters;aquatic pesticide applications;evaporative condensate;
swimming and landscape pool drainage;discharges from fire hydrant testing or flushing;discharges resulting from construction
dewatering;discharges associated with supply well installation,development,test pumping,and purging;discharges resulting
from the maintenance of uncontaminated water supply wells,pipelines,tanks,etc.;discharges resulting from hydrostatic testing of
water supply vessels,pipelines,tanks,etc.;discharges resulting from the disinfection of water supply pipelines,tanks,reservoirs,
etc.;discharges from water supply systems resulting from system failures,pressure releases,etc.;discharges of non-contact
cooling water,not including steam/electric power plants;discharges resulting from diverted stream flows;water treatment plant
discharges;and other similar types of wastes that have low pollutant concentrations and are not likely to cause or have a
reasonable potential to cause or contribute to an adverse impact on the beneficial uses of receiving waters yet technically must
be regulated under an NPDES permit.
8
2047184819 Fee Schedules
(c) The annual fees for waste discharge requirements and waivers of waste discharge
requirements for discharges from confined animal facilities shall be based on the following
schedules. If a facility contains animals that fit multiple fee categories, the fee will be based on
the number of animals in the category that results in the highest fee.
FEEDLOTS (not at a dairy) DAIRIES
Type of Facility Type of Facility
Number of Animals Fee Number of Animals I Fee
Cattle or Cow/Calf Pairs Mature Dai Cattle or Water Buffalo
100,000 or more $9,93710,553 3,000 or more $ 24814,069
10,000 to 99,999 $4,9685,276. 1,500 to 2,999 $8,2798,792
5,000 to 9,999 $2,6192,813 700 to 1,499 $34744,220
1,000 to 4,999 $43241,406 300 to 699 $1,9872,110
100 to 999 $663704 150 to 299 $9941 056
0 to 99 $0 50 to 149 $197528
Calves 0 to 49 $0
10,000 or more $4,9685.276 Goat Dairies
5,000 to 9,999 $2,6492,813 1,000 or more $4,3241,406
1,000 to 4,999 $4,3241 406 550 to 999 $663724
300 to 999 $663704 0 to 549 $0
0 to 299 $0 OTHER
Heifers HOGS
10,000 or more $9,93710,553 Swine(> 55 pounds)
5,000 to 9,999 $4;9685,276 5,000 or more $479635,276
1,000 to 4,999 $2;6402,813 2,500 to 4,999 $2;6462,813
300 to 999 $1-3241,406 750 to 2,499 $44241,406
100 to 299 $663704 150 to 749 $663704
0 to 99 $0 0 to 149 $0
Finishing Yards/Auction Yards Swine (< 55 pounds)
1,000 or more $2,6192 813 20,000 or more $4,9665,276
300 to 999 $1,3241,406 10,000 to 19,999 $2;6492,813
100 to 299 $663704 3,000 to 9,999 $473241,406
0 to 99 $0 300 to 2,999 $663704
0 to 299 $0
Horses
500 or more $2,64-92,813
150 to 499 $44241,406
75 to 149 $663724
0 tof 74 $0
Sheep or Lambs
10,000 or more $2766492,813
3,000 to 9,999 $1,3211,406
550 to 2,999 $663704
0 to 549 $0
9
204-7184g19 Fee Schedules
POULTRY
Number of Discharges with Low All Other
Animal Equivalent Units Threat to Water Discharges
(AEU) Quality"-
2000+ $2,3102,463 $6,6237,034
700 - 1,999 $-1-,6561,759 $3;3-183,518
300- 699 $401.231 $2,4852.639
10- 299 $663704 $1,32,11.406
2 - 9 $332353 $663704
0 - 1 $0 $0
Animal Count to Animal Equivalent Unit(AEU)
Conversion Matrix
Animal Type AEU Multiplier Number of Animals
per AEU—
Chicken IaycrTurkey, 0.0040.0150000 25067
Chicken broilerDuck 0.0050.0080000 209125
DuckChicken—Broiler 0-.0080.0050000 125200
TurkeyChicken — Layer 0.0150.0040000 67250
Guinea Fowl 0.0035000 286
Pheasant 0.0027500 364
Pullet 0.0024000 417
Squab 0.0015000 667
Chukar 0.0012500 800
Quail (Japanese) 0.0003750 2,667
Hatchery Chick (day old) 0.0000938 10.661
(1) Facilities that are certified under a Quality Assurance Program approved by the state board
or under a County regulatory program approved by the appropriate regional board, will receive a
50 percent fee reduction. Any facility that is issued a notice of violation by a regional board for
an of property discharge shall not be eligible to receive this fee reduction for a minimum of one
billing cycle, and for all subsequent billing cycles until recertification and all corrective actions
are complete as determined by the regional board.
(2) Facilities that pose no potential to discharge, as determined by a regional board, shall pay a
fee of$200. The fee shall be paid each time an application for initial certification or renewal of
certification is submitted.
2fizi These fees apply to discharges from poultry operations that are identified as posing a"low threat to water quality"in the
applicable waste discharge requirements or waiver of waste discharge requirements.
za Rounded to the nearest whole number
10
2018-1. 19 Fee Schedules
(3) Facilities that are required to submit a report of waste discharge (ROWD)while the facility is
under construction and remains so subsequent to the billing cycle will have the annual fee
waived until the facility is in operation and animals are present at the facility.
(4) Facility closures that are required to maintain a permit until all requirements are met shall
continue to be assessed a fee based at the same rate as when the facility was in operation.
(5) Facilities covered under a waste discharge requirement or waiver of waste discharge
requirement that do not pay annual fees shall pay an application fee for initial coverage and
renewals of coverage of$200. The fee shall be paid each time an application for coverage or
report of waste discharge is submitted.
Note: Authority cited: Sections 185 and 1058 of the Water Code. Reference: Section 13260 of
the Water Code.
Section 2200.1.
The state board shall notify each discharger annually of the fee to be submitted, the basis upon
which the fee was calculated, and the date upon which the fee is due.
Note: Authority cited: Sections 185 and 1058 of the Water Code. Reference: Section 13260 of
the Water Code.
Section 2200.2.
Persons proposing a new discharge shall submit to the state board or regional board a report of
waste discharge. Unless Section 2200 provides otherwise, or the discharger is specifically
instructed otherwise by the state board, a fee equal in amount to the annual fee based on the
fee schedules in Section 2200 shall be submitted with the discharger's report of waste
discharge. Except as otherwise provided in Section 2200, this fee shall serve as the first annual
fee. If the submittal of this first annual fee does not coincide with the current fiscal year billing
cycle, then the next, and only the next, fiscal year billing shall be adjusted to account for the
payment of a full annual fee that accompanied the discharger's report of waste discharge.
Persons proposing a material change in an existing discharge are not required to submit a fee
with the report of waste discharge.
Note: Authority cited: Sections 185 and 1058 of the Water Code. Reference: Section 13260 of
the Water Code.
Section 2200.3.
Failure to pay the annual fee is a misdemeanor and will result in the state board or regional
board seeking the collection of fees through the enforcement provisions provided pursuant to
Water Code Section 13261.
Note: Authority cited: Sections 185 and 1058 of the Water Code. Reference: Section 13261 of
the Water Code.
11
2047184O19 Fee Schedules
Section 2200.4.
Any refund made pursuant to Water Code Section 13260(e) or for any other reason, shall
withhold sufficient funds to cover actual staff time spent in reviewing the report of waste
discharge, which shall be calculated using a rate of$480150.00 per hour.
Note: Authority cited: Sections 185 and 1058 of the Water Code. Reference: Section 13260 of
the Water Code.
Section 2200.5. No Exposure Certification.
Dischargers filing an application for a No Exposure Certification (NEC) shall pay a fee of$150
for each facility for which an application is submitted, as prescribed in a general industrial storm
water permit. The fee shall be paid each time an application for initial certification or renewal of
certification is submitted. NEC fees are not subject to any surcharges.
Note: Authority cited: Sections 185 and 1058 of the Water Code. Reference: Sections 13260
and 13260.2 of the Water Code.
Section 2200.6. Annual Agricultural and Irrigated Lands Fee Schedule.
(a)Annual fees for waste discharge requirements and waivers of waste discharge requirements
for discharges from agricultural lands', including irrigated lands, shall be as follows:
(1) Tier I: If a discharger is a member of a group that is subject to waste discharge
requirements or a waiver of waste discharge requirements, is responsible for coordinating water
quality monitoring and best management practice development, training and implementation for
its members, and that has been approved by the state board to manage fee collection and
payment, then the fee shall be $100 per group plus $0.895 per acre of land.
(2) Tier II: If a discharger is a member of a group that is subject to waste discharge
requirements or a waiver of waste discharge requirements, is responsible for coordinating water
quality monitoring and best management practice development, training and implementation for
its members, but that has not been approved by the state board but that does not to manage fee
collection and payment, then the fee shall be $1-00250 per farm plus $-1.471.43 per acre of land.
(3) Tier Ill: If a discharger is a member of a croup that has been approved by the regional board
to manage the monitoring activities for its members and has been approved by the state board
to manage fee collection and payment, then the fee shall be $100 per group plus $1.90 per acre
of land.
(34) Tier-41V: If a discharger is not a member of a group that has been approved by the state
board, the following fee schedule applies:
Acres Fee Rate Min Fee Max Fee
0-10 $469511 + $1 617.05/Acre $46-9511 $025682
11-100 $47-1-7-21.277+$7.778.53/Acre $1,2571,371 $1,9492,130
101-500 $371-233,192+$37944.26/Acre $3,5213,622 $5,0955.322
501 or More $ 456.384+$3.133.41/Acre $ 58.092 No Max Fee
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20184819 Fee Schedules
(b) Upon approval by the regional board to join a group subject to waste discharge requirements
or waivers of waste discharge requirements for discharges from agricultural lands, including
irrigated lands, the discharger shall submit to the state board an application fee, unless such fee
is not required by the regional board. The application fee is a one-time fee of$200 for
dischargers that have received a written request to submit an application or report of waste
discharge, and $50 for all other dischargers. This application fee shall not apply to dischargers
who were members of a group on or before June 30, 2008.
(c) For purposes of this section, the words "agricultural lands," "irrigated lands," "farm," and
"discharger" have the meaning contained in the applicable regional board or state board waste
discharge requirements or waiver of waste discharge requirements for discharges from
agricultural lands, including irrigated lands. These fees shall apply whether or not a regional
board or the state board has previously waived the payment of fees for the discharge of waste.
'As used in this section,the acreage on which the fee is based refers to the area that has been irrigated or cultivated by the farmer
or discharger at any time in the previous five years.
Note: Authority cited: Sections 185 and 1058 of the Water Code. Reference: Section 13260 and
13269 of the Water Code.
2200.7. Annual Fee Schedule for Cannabis Cultivation.
(a) Annual fees for waste discharge requirements and waivers of waste discharge requirements
for discharges associated with cannabis cultivation shall be as follows:
(1) Category 1: If a discharger is not a member of a group that has been approved by
the appropriate regional board, the following fee schedule applies:
Tier Discharge Threat' Annual.Fee..
1 Low Threat to Water Quality $1,000
2 Moderate Threat to Water Quality $2,500
3 Elevated Threat to Water Quality $10,000
(2) Category 2: If a discharger is a member of a group that has been approved by the
appropriate regional board, the following fee schedule applies:
Tier . Discharge Threats Annual Feet
1 Low Threat to Water Quality $700
2 Moderate Threat to Water Quality $1,750
3 Elevated Threat to Water Quality N/A
1 As assigned by the appropriate regional board.
2 Dischargers in Tier 3 may join a third-party group,but must pay the Category 1 fee unless the regional board subsequently assigns
the Discharger to a lower tier. Any Discharger that is required by the regional board to take corrective action shall be subject to the
fee schedule in Category 1 for a minimum of one billing cycle,and for all subsequent billing cycles until all corrective actions are
complete as determined by the regional board.
13
20184819 Fee Schedules
(b)Annual fees for dischargers covered under Statewide General Waste Discharge
Requirements for Discharges of Waste Associated with Cannabis Cultivation shall be as follows:
(1) Tier 1 —Dischargers that have a disturbed area greater than 2,000 square feet and
less than one acre:
Risk Designation Annual Fee
Low Risk $600
Moderate Risk $1,800
High Risk $4,800
(2) Tier 2—Dischargers that have a disturbed area equal to or greater than one acre:
Risk Designation Annual Fee
Low Risk $1,000
Moderate Risk $3,000
High Risk $8,000
(3) Waiver of Waste Discharge Requirements— Dischargers with indoor cultivation sites or
conditionally exempt sites shall pay an application fee for initial coverage and renewals
of coverage of$600. The fee shall be paid each time an application for coverage is
submitted.
Note: Authority cited: Sections 185 and 1058 of the Water Code. Reference: Sections 13260
and 13269 of the Water Code.
2200.8. General Requirements for the Use of Recycled Water.
Any person who serves as an Administrator under a General Order or Individual Order
authorizing the use of recycled water shall pay an annual fee in accordance with the
threat/complexity ratings in Section 2200(a)(1)for each recycled water program that the person
administers. The first annual fee shall be submitted with the Notice of Intent_to be covered by
Note: Authority cited: Sections 185 and 1058 of the Water Code. Reference: Section 13260 of
the Water Code.
2200.9. Annual Fee Schedule for Waivers of Waste Discharge Requirements.
(a) Any person for whom waste discharge requirements have been waived pursuant to Section
13269 of the Water Code shall submit an annual fee to the state board if a fee is specified for
the waiver in this section. These fees shall apply whether or not a regional board or the state
board has previously waived the payment of fees for the discharge of waste.
(b) [reserved]
Note: Authority cited: Sections 185 and 1058 of the Water Code. Reference: Section 13260 and
13269 of the Water Code.
14