Arizona Secretary of State - Ken Bennett

AAC Table of Contents

Order this Chapter

TITLE 18. ENVIRONMENTAL QUALITY

CHAPTER 14. DEPARTMENT OF ENVIRONMENTAL QUALITY
PERMIT AND COMPLIANCE FEES

Supp. 11-2

ARTICLE 1. WATER QUALITY PROTECTION FEES

Article 1, consisting of Sections R18-14-101 through R18-14-108, adopted effective November 15, 1996 (Supp. 96-4).

Section

R18-14-101. Definitions

R18-14-102. Hourly Rate and Maximum Fees for Water Quality Protection Services

Table 1. Repealed

R18-14-103. Initial Fees

R18-14-104. Annual Fees for Water Quality Protection Services Subject to Hourly Rate Fee

Schedule A. Repealed

Schedule B. Repealed

Schedule C. Repealed

Schedule D. Repealed

R18-14-105. Fee Assessment and Collection

R18-14-106. Reconsideration of a Bill; Appeal Process

R18-14-107. Effect on County Fees

R18-14-108. APP Water Quality Protection Services Flat Fees

R18-14-109. AZPDES Water Quality Protection Services Flat Fees

R18-14-110. Reclaimed Water Flat Fees

R18-14-111. Other Flat Fees

R18-14-112. Implementation

R18-14-113. Annual Report

ARTICLE 2. PUBLIC WATER SYSTEM
DESIGN REVIEW FEES

Article 2, consisting of Sections R18-14-201 through R18-14-202 and Table 1, made by final rulemaking at 14 A.A.R. 4102, effective December 6, 2008 (Supp. 08-4).

Section

R18-14-201. Definitions

R18-14-202. Flat Rate Fees

Table 1. Design Review Service Fees

ARTICLE 1. WATER QUALITY PROTECTION FEES

R18-14-101. Definitions

In addition to the definitions in A.R.S. §§ 49-201, 49-241.02, 49-255, 49-331, and A.A.C. R18-9-101, A.A.C. R18-9-701, and A.A.C. R18-9-A901, the following terms apply to this Article:

1. "APP" means an Aquifer Protection Permit.

2. "Complex modification" means:

a. A revision of an individual Aquifer Protection Permit for a facility within a mining sector as defined in A.R.S. § 49-241.02(F)(1); and

b. A revision of an individual Aquifer Protection Permit for a facility within a non-mining sector due to any of the following:

i. An expansion of an existing pollutant management area requiring a new or relocated point of compliance;

ii. A new subsurface disposal including injection or recharge, or new wetlands construction;

iii. Submission of data indicating contamination, or identification of a discharging facility or pollutants not included in previous applications that requires reevaluation of BADCT; or

iv. Closure of a facility that cannot meet the clean closure requirements of A.R.S. § 49-252 and requires post-closure care, monitoring, or remediation.

3. "Courtesy review" means a design review service that the Department performs within 30 days from the date of receiving the submittals, of the 60 percent completion specifications, design report, and construction drawings for a sewage collection system.

4. "Priority review" means a design review service for an APP Type 4 permit application that the Department completes using not more than 50 percent of the total review time-frame for the applicable Type 4 permit application as specified in 18 A.A.C. 1, Table 10.

5. "Request" means a written application, notice, letter, or memorandum submitted by an applicant to the Department for water quality protection services. The Department considers a request made on the date it is received by the Department.

6. "Review hours" means the hours or portions of hours that the Department's staff spends on a request for a water quality protection service. Review hours include the time spent by the project manager and technical review team members, and if requested by the applicant, the supervisor or unit manager.

7. "Review-related costs" means any of the following costs applicable to a specific request for water quality protection service:

a. Presiding officer services for public hearings on a permitting decision,

b. Court reporter services for public hearings on a permitting decision,

c. Facility rentals for public hearings on a permitting decision,

d. Charges for laboratory analyses performed during the review, and

e. Other reasonable and necessary review-related expenses documented in writing by the Department and agreed to by an applicant.

8. "Standard modification" means an amendment to an individual Aquifer Protection Permit that is not a complex modification.

9. "Water quality protection service" means:

a. Reviewing a request for an APP determination of applicability;

b. Issuing, renewing, amending, transferring, or denying an aquifer protection permit, an AZPDES permit, or a reclaimed water permit;

c. Reviewing supplemental information required by a permit condition, including closure for an APP;

d. Performing an APP clean closure plan review;

e. Issuing or denying a Certificate of Approval for Sanitary Facilities for a Subdivision;

f. Registering or transferring registration of a dry well;

g. Conducting a site visit;

h. Reviewing proprietary and other reviewed products under A.A.C. R18-9-A309(E);

i. Reviewing, processing, and managing documentation related to an AZPDES general permit, including a notice of intent, notice of termination, certificate of no exposure, and waiver;

j. Registering and reporting land application of biosolids; or

k. Pretreatment program review, inspection, or audit.

Historical Note

Adopted effective November 15, 1996 (Supp. 96-4). Amended by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1). Amended by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2).

R18-14-102. Hourly Rate and Maximum Fees for Water Quality Protection Services

A. The Department shall assess and collect an hourly rate fee for a water quality protection service, except for minor permit amendments specified under A.A.C. R18-9-A211(C)(1), (2) and (3) and A.A.C. R18-9-B906(B), unless a flat fee is otherwise designated in this Article.

B. Hourly rate fees. The Department shall calculate the fee using an hourly rate of $122, multiplied by the number of review hours to provide a water quality protection service, plus any applicable review-related costs, up to the maximum fee specified in subsection (C). The Department shall not charge an applicant for the first 60 minutes of Department pre-application consultation time costs for the project manager.

C. Maximum fees for a water quality protection service assessed at an hourly rate are as follows:

Table 1. Maximum Fees

Program Area	Permit Type	Maximum Fee
APP	Individual or area-wide	$200,000
APP	Complex modification to individual or area-wide	$150,000
APP	Clean closure of facility	$50,000
APP	Standard modification to individual or area-wide (per modification up to the maximum fee, and modification can be reassigned under A.A.C. R18-1-516):
	 Maximum fee (cumulative per submittal)	$150,000
	 Modification under A.A.C. R18-9-A211(C)(1) through (3)	No fee
	 Modification under A.A.C. R18-9-A211(C)(4) through (6)	$5,000
	 Modification under A.A.C. R18-9-A211(C)(7), (D)(2)(b) through (i), and (k) through (l)	$15,000
	 Modification under A.A.C. R18-9-A211(D)(2)(a) and (j)	$25,000
	 Modification under A.A.C. R18-9-A211(B) that is not classified as complex modification under R18-14-101(2)	$25,000
APP	For an APP issued before July 1, 2011, the fee for a submittal required by a compliance schedule is assessed per submittal and cumulative up to the maximum fee. The applicable maximum fee for all compliance schedule submissions shall be according to one of the three maximum fee categories listed below. The maximum fee is for the lifetime of the APP unless a new compliance schedule is established in the APP due to a modification that is classified as both a significant amendment under A.A.C. R18-9-A211(B) and a complex modification under R18-14-101(2)
	 For a permit with a compliance schedule where one or more submissions require a permit modification that requires a determination or reevaluation of BADCT, the fee is assessed as described above for each standard modification, with a maximum fee for the permit's entire compliance schedule of:	$150,000
	 For a permit with a compliance schedule where one or more submissions require a permit modification, but no determination or reevaluation of BADCT is required, the fee is assessed as described above for each standard modification, with a maximum fee for the permit's entire compliance schedule of:	$100,000
	 For a permit with a compliance schedule requiring one or more submissions that require ADEQ review but do not require a permit modification, the maximum fee for the permit's entire compliance schedule is:	$100,000
APP	For an APP issued on or after July 1, 2011, the fee for a submittal required by a compliance schedule is assessed per submittal and cumulative up to the maximum fee for the lifetime of the APP	$100,000
APP	Determination of applicability	$15,000
APP	Reviewing proprietary and other reviewed products under A.A.C. R18-9-A309(E)	$15,000
AZPDES	Individual permit for municipal separate storm sewer system	$40,000
AZPDES	Individual permit for wastewater treatment plant (based on gallons of discharge per day)
	 3,000 to 99,999	$15,000
	 100,000 to 999,999	$20,000
	 1,000,000 to 9,999,999	$30,000
	 10,000,000 or more	$50,000
AZPDES	Individual permit for a facility or activity that is not a wastewater treatment plant or a municipal separate storm sewer	$30,000
AZPDES	Amendment to an individual permit	$12,500
AZPDES	Approval of a new or revised pretreatment program under AZPDES	$10,000
AZPDES	Consolidated individual permit for multiple AZPDES individual permits, as allowed under A.A.C. R18-9-B901(C)	Aggregate of the applicable maximum fees
Reclaimed	Reclaimed water individual permit	$32,000

Historical Note

Adopted effective November 15, 1996 (Supp. 96-4). Amended by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1). Amended by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2).

Table 1. Repealed

Historical Note

New Table adopted by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1). Table 1 repealed by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2).

R18-14-103. Initial Fees

A. A person shall submit the applicable fee at the time a request for a water quality protection service is submitted to the Department.

B. For each water quality protection service subject to an hourly rate fee established under R18-14-102:

1. An applicant shall submit a $2,000 initial fee at the time a request is submitted to the Department for review.

2. If requested by an applicant, the Department may set a lower initial fee when the Department estimates a review fee that is less than the applicable initial fee.

C. The Department shall not review a request for a water quality protection service if the applicant or permittee has not paid any fee due under this Article, unless the applicant or permittee has an outstanding water quality protection service bill that is under appeal pursuant to R18-14-106.

Historical Note

R18-14-104. Annual Fees for Water Quality Protection Services Subject to Hourly Rate Fee

A. Annual Registration Fees. The annual registration fee required under A.R.S. § 49-242 is in Table 2:

Table 2. APP Annual Registration Fees

Discharge or Influent per Day under the Individual APP or Notice of Disposal (in Gallons)	Annual Registration Fee	Annual Registration Fee if New Facility Under New APP Not Yet Constructed
3,000 to 9,999	$500	$250
10,000 to 99,999	$1,000	$250
100,000 to 999,999	$2,500	$500
1,000,000 to 9,999,999	$6,000	$625
10,000,000 or more	$8,500	$750

B. The Department shall assess an annual fee for an AZPDES-related water quality protection service subject to an hourly rate fee as listed in Table 3:

Table 3. AZPDES Annual Fees

Permit Type	Annual Fee	Annual Fee if New Facility Under New AZPDES Not Yet Constructed
Municipal separate storm sewer system	$10,000	N/A
Wastewater treatment plant (based on gallons of discharge per day):
 Less than 99,999	$250	$250
 100,000 to 999,999	$500	$500
 1,000,000 to 9,999,999	$2,500	$625
 10,000,000 or more	$4,000	$750
Facility or activity that is not a wastewater treatment plant or municipal separate storm sewer and designated in the permit as either:
Major	$2,500	$625
Minor	$500	$500
Pretreatment program	$3,000	N/A
Consolidated individual permit for multiple AZPDES individual permits, as allowed under A.A.C. R18-9-B901(C)	Aggregate of the applicable annual fees of each individual permit	Aggregate of the applicable annual fees of each individual permit

C. The Department shall assess an annual fee of $500 for an individual reclaimed water permit.

Historical Note

Adopted effective November 15, 1996 (Supp. 96-4). Amended by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1). Amended by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2).

Schedule A. Repealed

Historical Note

Schedule A adopted effective November 15, 1996 (Supp. 96-4). Schedule repealed by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1).

Schedule B. Repealed

Historical Note

Schedule B adopted effective November 15, 1996 (Supp. 96-4). Schedule repealed by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1).

Schedule C. Repealed

Historical Note

Schedule C adopted effective November 15, 1996 (Supp. 96-4). Schedule repealed by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1).

Schedule D. Repealed

Historical Note

Schedule D adopted effective November 15, 1996 (Supp. 96-4). Schedule repealed by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1).

R18-14-105. Fee Assessment and Collection

A. Billing. The Department shall bill an applicant for water quality protection services subject to an hourly rate no more than monthly, but at least quarterly. The following information shall be included in each bill:

1. The dates of the billing period;

2. The date and number of review hours itemized by employee name, position type and specifically describing:

a. Each water quality protection service performed,

b. Each facility involved and program component, and

c. The hourly rate for each water quality protection service performed;

3. A description and amount of each review-related cost incurred for the project;

4. The total fees paid to date, the total fees due for the billing period, the date when the fees are due, which shall be at least 35 days after the date on the bill, and the maximum fee for the project.

B. Final bill. After the Department makes a final determination whether to grant or deny a request for water quality protection services subject to an hourly rate fee, or when an applicant withdraws or closes the request, the Department shall prepare a final itemized bill of its review.

1. If the total fee exceeds the amount of the initial fee plus all invoicing, the Department shall issue a final itemized bill for the cost of the water quality protection services up to the applicable maximum fee established under R18-14-102.

2. If the total fee is less than the initial fee and all paid invoicing charges, the Department shall refund the difference to the applicant.

3. Fees for water quality protection services shall be paid in U.S. dollars by cash, check, cashier's check, money order, or any other method acceptable to the Department.

4. The Department shall not release the final permit or approval until the final itemized bill is paid in full.

Historical Note

R18-14-106. Reconsideration of a Bill; Appeal Process

A. A person may seek review of a bill by filing a written request for reconsideration with the Director.

1. The request shall specify, in detail, why the bill is in dispute and shall include any supporting documentation.

2. The written request for reconsideration shall be delivered to the Director in person, by mail, or by facsimile on or before the payment due date or within 35 days of the invoice print date, whichever is greater.

B. The Director shall make a final decision on the request for reconsideration of the bill and mail a final written decision to the person within 20 working days after the date the Director receives the written request.

Historical Note

Adopted effective November 15, 1996 (Supp. 96-4). Amended by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1).

R18-14-107. Effect on County Fees

Nothing in this Chapter affects the authority of county or other local governments to charge fees for implementing delegated Department water quality protection programs in accordance with statutory authority.

Historical Note

Adopted effective November 15, 1996 (Supp. 96-4). Amended by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1).

R18-14-108. APP Water Quality Protection Services Flat Fees

A. The Department shall assess a flat fee for an APP water quality protection service listed in this Section.

B. Type 1 General Permits. No fee is required, except as stated in A.A.C. R18-9-A304(A)(2).

C. Fees for Type 2 and Type 3 General Permits and related water quality protection services are listed in Table 4. For purposes of this Section, "complex" is defined in A.A.C. R18-1-501(9). "Standard" means any permit that does not meet the definition of complex.

Table 4. Type 2 and 3 General Permit Fees

Permit Description	Permit Fee	Renewal Fee
Standard Type 2	$1,500	$500
Complex Type 2	$3,000	$1,000
Standard Type 3	$4,500	$1,500
Complex Type 3	$7,500	$2,500
Amendment to Notice of Intent	Same as applicable renewal fee	N/A
Transfer of permit authorization	$50	N/A
If a site contains more than one facility covered by the same Type 2 or Type 3 General Permit and each facility is substantially similar in design, construction, and operation, the first facility is paid at the full applicable fee, and each additional facility is:	Half the applicable fee	Half the applicable fee

D. Fees for Type 4 General Permits and related water quality protection services are listed in Table 5.

Table 5. Type 4 General Permit Fees

Water Quality Protection Service	Description	Permit Fee
4.01 General Permit: Sewage Collection Systems	Under each Notice of Intent to Discharge, the fee is assessed on a per-component basis for the components listed below and is assessed cumulatively up to the maximum fee:
	 Maximum fee	$25,000
	 Force mains with design flow less than or equal to 10,000 gpd	$1,000
	 Each additional increment of 50,000 gpd or less of force mains	$1,000
	 Gravity sewer with design flow less than or equal to 10,000 gpd	$1,000
	 Each additional increment of 50,000 gpd or less of gravity sewer	$1,000
	 Each sewer lift station	$1,000
	 Each depressed sewer	$1,000
	 Realignment of existing sewer for a contiguous project that is less than 300 linear feet with no change in design flow or pipe size	$500
4.01 General Permit courtesy review	If an applicant requests courtesy review, the Department shall approve or deny the request. When determining whether to approve a courtesy review request, the Department shall consider the complexity of the project and the Department's current work load	One-third applicable fee upon submittal, then balance of fee if Notice of Intent to Discharge is submitted with final documentation within 180 days of first submittal
4.23 General Permit: 3,000 to less than 24,000 Gallons per day Design Flow	 Onsite wastewater treatment facility with up to: · Three treatment technologies and disposal methods consisting of technologies or designs that are covered under other Type 4 general permits; and · Two onsite wastewater treatment facilities	$3,600
	 Maximum fee (cumulative)	$7,500
	 Each additional onsite wastewater treatment facility on same Notice of Intent to Discharge up to maximum fee	$1,200
	 Each additional treatment technology or disposal method consisting of technologies or designs that are covered under other Type 4 general permits on same Notice of Intent to Discharge up to maximum fee	$500
4.23 General Permit annual report	Annual report required under A.A.C. R18-9-E323(G)	$200
Type 4 General Permits (4.02 through 4.22)	 Maximum fee	$3,700
	 First Type 4 general permit	$1,200
	 Each additional Type 4 general permit on same Notice of Intent to Discharge	$500
Alternative Design under A.A.C. R18-9-A312(G)	A request for an alternative design, installation, or operational feature, per alternative design:
	 Type 4.01 general permit	$750
	 All other Type 4 general permits	$250
Interceptor under A.A.C. R18-9-A315	A design requiring an interceptor (per interceptor)	$100
Transfer	Transfer of discharge authorization	$50
Priority Review	If an applicant requests priority review, the Department shall approve or deny the request. When determining whether to approve a priority review request, the Department shall consider the complexity of the project and the Department's current work load.	Double the Applicable Fee (including any applicable maximum fee)

Historical Note

Adopted effective November 15, 1996 (Supp. 96-4). Section repealed by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1). New Section made by exempt rulemaking at 16 A.A.R. 851, effective July 1, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1505, effective July 1, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2).

R18-14-109. AZPDES Water Quality Protection Services Flat Fees

A. The Department shall assess a flat fee for an AZPDES water quality protection service, as described in Table 6.

B. In addition to the requirements in A.A.C. R18-9-A907(B), a draft permit will state the category and fee assigned to the permit and the factors for establishing the fee, according to Table 6. Any person may comment on the fee category assignment as part of the public comment period described in A.A.C. R18-9-A908.

C. Annual Fee. The Department shall bill an annual fee to permittees who have not filed a notice of termination for an applicable general permit.

Table 6. AZPDES Water Quality Protection Services Flat Fees

Category	Factors for Establishing Fees		Initial Fee	Annual Fee
Municipal Separate Storm Sewer System General Permit	The fee is based on the population of the permitted area:
	 Less than or equal to 10,000		$2,500	$2,500
	 Greater than 10,000 but less than or equal to 100,000		$5,000	$5,000
	 Greater than 100,000		$7,500	$7,500
	The fee for a non-traditional municipal separate storm sewer system, such as a hospital, college or military facility		$5,000	$5,000
Construction General Permit	The fee is based on the amount of acreage identified in the Notice of Intent:
Construction General Permit	 Less than or equal to 1 acre		$250	$250
	 Greater than 1 acre but less than or equal to 50 acres		$350	$350
	 Greater than 50 acres		$500	$500
	Pollution prevention plan review		$1,000	N/A
	 Each additional submittal due to deficiency		$500	N/A
	Waiver		$750	N/A
	If more than one person must apply for general permit coverage of the same facility or discharge activity, each person pays:		Fee applicable to the amount of acreage each person controls	Fee applicable to the amount of acreage each person controls
Multi-Sector General Permit	The fee is based on the amount of acreage identified in the Notice of Intent:
	 Less than or equal to 1 acre		$350	$350
	 Greater than 1 acre but less than or equal to 40 acres		$500	$500
	 Greater than 40 acres		$1,000	$1,000
	Pollution prevention plan review		$1,000	N/A
	 Each additional submittal due to deficiency		$500	N/A
	Certificate of No Exposure		$1,250	N/A
	If more than one person must apply for general permit coverage of the same facility or discharge activity, each person pays:		Fee applicable to the amount of acreage each person controls	Fee applicable to the amount of acreage each person controls
General Permits for Non-Stormwater Discharges	The fee is based on the Department's total anticipated staff hours (including permit development, customer service, review of the notice of intent, and annual data review and inspections) divided by the total number of potential permittees over a five-year period:
	 Level 1A		$250	$250
	· Staff hours:	1,500
	· Number of potential permittees:	750
	 Level 1B		$500	$500
	· Staff hours:	1,500
	· Number of potential permittees:	375
	 Level 2		$1,250	$1,250
	· Staff hours:	1,000
	· Number of potential permittees:	100
	 Level 3		$1,500	$1,500
	· Staff hours:	1,300
	· Number of potential permittees:	100
	 Level 4A		$2,000	$2,000
	· Staff hours:	1,600
	· Number of potential permittees:	100
	 Level 4B		$2,500	$2,500
	· Staff hours:	1,900
	· Number of potential permittees:	100
	Pollution prevention plan review		$1,000	N/A
	 Each additional submittal due to deficiency		$500	N/A
Emergency Discharge General Permit	Authorization for emergency discharge		$10,000	N/A
Transfer	Authorization for permit transfer as allowed under A.A.C. R18-9-B905		$50	N/A
Biosolids Land Applicators	Initial registration		$500	N/A
	Registration amendment		$250	N/A
	Annual report based on amount of dry metric tons applied
	 Less than or equal to 7,500 dry metric tons		N/A	$2,500
	 Greater than 7,500 dry metric tons but less than or equal to 15,000 dry metric tons		N/A	$3,000
	 Greater than 15,000 dry metric tons		N/A	$4,500

Historical Note

New Section made by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2).

R18-14-110. Reclaimed Water Flat Fees

The Department shall assess a flat fee for a reclaimed water quality protection service as listed in Table 7. For purposes of this Section, "complex" is defined in A.A.C. R18-1-501(9). "Standard" means any permit that does not meet the definition of complex.

Table 7. Reclaimed Water General Permit Fees

Permit Description	Permit Fee	Renewal Fee
Standard Type 2	$600	$450
Complex Type 2	$750	$575
Standard Type 3	$1,500	$1,250
Complex Type 3	$2,000	$1,500
Amendment to Notice of Intent	Same as applicable renewal fee	N/A
Transfer of permit authorization	$50	N/A

Historical Note

New Section made by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2).

R18-14-111. Other Flat Fees

Flat fees. The Department shall assess a flat fee for the following water quality protection services:

1. Dry well registration, $100 per dry well;

2. Dry well transfer of registration, $50 per transfer;

3. Certificate of Approval for Sanitary Facilities for Subdivisions.

a. Subdivision with public sewerage system: $800 for every increment of 150 lots or less;

b. Subdivision with individual sewerage system:

i. $500 for less than 10 lots;

ii. $1,000 for greater than 10 lots but less than 50 lots;

iii. $1,000 for each additional increment of 50 lots or less.

c. If water from a central system is not provided to the lot, the fee is one and one-half the applicable fee stated in subsection (3)(a) or (b).

d. Condominium subdivision: $1,000 for every increment of 150 units or less.

Historical Note

New Section made by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2).

R18-14-112. Implementation

The fees in this Article apply on July 1, 2011. For fees related to the AZPDES program:

1. A person shall submit the applicable fee when requesting a water quality protection service as specified in an AZPDES General Permit or in 18 A.A.C. 9, Article 9; and

2. A person is responsible for paying the annual fee for an AZPDES general permit, even if the person filed for coverage before the effective date of these rules.

Historical Note

New Section made by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2).

R18-14-113. Annual Report

By December 1 of each year, the Department shall publish an accounting of Water Quality Fee Fund revenue and expenditure activity for the prior fiscal year.

Historical Note

New Section made by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2).

ARTICLE 2. PUBLIC WATER SYSTEM
DESIGN REVIEW FEES

R18-14-201. Definitions

In addition to the definitions in A.A.C. R18-1-501, and 18 A.A.C. 4, the following terms apply to this Article:

"Design review" means the process for reviewing an application for an Approval to Construct as prescribed in A.A.C. R18-5-505(B).

"Design review service" means all activities related to processing an application for an Approval to Construct, including reviewing, approving, or denying an application, conducting a pre-application meeting or site visit, or other activity required to review an Approval to Construct application.

"Distribution system" has the same meaning prescribed in A.A.C. R18-5-101.

"Priority Review" means a design review service where a license application is reviewed using not more than 50% of the total review time-frame for an Approval to Construct license application.

"Public water system" has the same meaning prescribed in A.R.S. § 49-352(B).

"Licensing time-frame" means a period of time described and defined in A.R.S. Title 41, Chapter 6, Article 7.1, and 18 A.A.C. 1, Article 5.

"Water treatment plant" has the same meaning prescribed in A.A.C. R18-5-101.

Historical Note

Section made by final rulemaking at 14 A.A.R. 4102, effective December 6, 2008 (Supp. 08-4).

R18-14-202. Flat Rate Fees

A. The Department shall assess and collect a flat rate fee for design review services for public water systems.

B. Design criteria for public water systems are specified in 18 A.A.C. 4 and 18 A.A.C. 5.

C. An applicant shall submit public water system design review fees with an application for an Approval to Construct, as specified in 18 A.A.C. 5, Article 5.

D. The flat rate fees for a design review service:

1. Are established in Table 1, are assessed on a per-unit basis where applicable, and are cumulative unless otherwise specified in this Article;

2. Shall be paid by cash, check, cashier's check, money order, or any other method acceptable to the Department; and

3. Shall be paid in full before the Department issues approval of an application.

E. The Department shall refund 50 percent of the application fee paid by an applicant if, during the administrative completeness review time-frame period, the applicant:

1. Fails to respond in a reasonably timely manner, as set forth in A.A.C. R18-1-507, to a notice of administrative deficiencies requesting additional information under A.A.C. R18-1-503, and the Department denies the application; or

2. Withdraws the application.

F. If an application is denied under A.A.C. R18-1-507 after the end of the administrative completeness review time-frame, the Department shall retain the flat fee paid by the applicant.

G. If an applicant requests priority review, the Department shall approve or deny the request. When determining whether to approve a priority review request, the Department shall consider the complexity of the project and the Department's current work load. If priority review is approved by the Department, the applicant shall pay the priority review fee specified in Table 1.

H. State agencies are exempt from all fees imposed under this Article pursuant to A.R.S. § 49-353(A)(2)(b).

Historical Note

Section made by final rulemaking at 14 A.A.R. 4102, effective December 6, 2008 (Supp. 08-4).

Table 1. Design Review Service Fees

Public Water System Design Review Application Types	Fees1, 2
Approval to Construct Public Water Supply Distribution System:
· 150 or fewer service connections	$900
· 151 to 300 service connections	$1,400
· 301 to 450 service connections	$1,900
· 451 to 600 service connections	$2,400
· 601 to 750 service connections	$2,900
· Each additional 150 service connections	Add $500
Water Treatment Plants and Blending Plans (including new source approval if applicable):
· < 0.1 mgd	$1,500
· ≥ 0.1 mgd and < 1 mgd	$2,000
· ≥ 1 mgd and < 5 mgd	$3,000
· ≥ 5 mgd	$5,000
Well (including new source approval if applicable)	$1,250
Storage Tank	$800
Booster Pump	$800
Main Line Extension	$250
Chlorinators/Disinfection Devices	$250
Extension of Time to Construct3	50% of the application fee, not to exceed $500
Priority Review Fee4	Double the Standard Fee

1 Fees are calculated on a per-unit basis; i.e., a separate fee is assessed for each separate storage tank, booster pump, disinfection device, or main line extension.

2 Fees for each application type are cumulative; an applicant must pay the total of all pertinent fees.

3 Extensions of time to construct are issued pursuant to A.A.C. R18-5-505(E); the Section states that an Approval to Construct becomes void if construction is not commenced or completed within a specified time period, unless the Department grants an extension of time.

4 Priority Review Projects require Department authorization prior to filing.

Historical Note

Table 1, Design Review Service Fees, made by final rulemaking at 14 A.A.R. 4102, effective December 6, 2008 (Supp. 08-4).

Scott Cancelosi
Director
Public Services Division

A.A.C. Table of Contents

Commercial Use Fees of this Chapter

Editor
Arizona Administrative Code

Arizona Secretary of State - Ken Bennett

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TITLE 18. ENVIRONMENTAL QUALITY

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Adopted effective November 15, 1996 (Supp. 96-4). Amended by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1). Amended by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2).

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Adopted effective November 15, 1996 (Supp. 96-4). Amended by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1). Amended by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2).

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New Section made by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2).

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Table 1, Design Review Service Fees, made by final rulemaking at 14 A.A.R. 4102, effective December 6, 2008 (Supp. 08-4).