§ 92a.62. Annual fees.
(a) Permittees shall pay an annual fee in the amount indicated in the following schedule to the Commonwealth of Pennsylvania. The annual fee for permits issued before August 28, 2021, is due on each anniversary of the effective date of the last permit issuance or reissuance until the Department terminates the permit. The annual fee for permits issued for the first time after August 28, 2021, is due on each anniversary of the effective date of the initial permit until the Department terminates the permit. The flows listed in this section are total annual average design flows for all discharges at a facility in million gallons per day (MGD).
(b) Annual fees for individual NPDES permits are as follows:
Category Annual Fee Single Residence Sewage Treatment Plant $100 Small Flow Treatment Facility $250 Minor Sewage Facility ‹ 0.05 MGD $500 Minor Sewage Facility ›= 0.05 MGD and ‹ 1.0 MGD $1,000 Minor Sewage Facility with CSO $2,500 Major Sewage Facility ›= 1.0 MGD and ‹ 5.0 MGD $3,750 Major Sewage Facility ›= 5.0 MGD $5,000 Major Sewage Facility with CSO $7,500 Minor Industrial Waste Facility not covered by ELG $1,500 Minor Industrial Waste Facility covered by ELG $3,000 Major Industrial Waste Facility ‹ 250 MGD $7,500 Major Industrial Waste Facility ›= 250 MGD $50,000 Industrial Stormwater $1,500 CAFO $500 MS4 $2,500 CAAP $1,500 Pesticides $1,500 Mining Activity $0 Stormwater Associated with Construction Activities $500 (c) (Reserved).
(d) (Reserved).
(e) The Department will review the adequacy of the fees established in this section at least once every 3 years and provide a written report to the EQB. The report will identify any disparity between the amount of program income generated by the fees and the costs to administer these programs, and contain recommendations to increase fees to eliminate the disparity, including recommendations for regulatory amendments to increase program fees.
(f) Any Federal or State agency or independent state commission that provides funding to the Department for the implementation of the NPDES Program through terms and conditions of a mutual agreement and any municipality that is currently designated as a financially distressed municipality by the Department of Community and Economic Development under the Municipalities Financial Recovery Act (53 P.S. § § 11701.101—11701.712) may be exempt from the fees in this section.
Authority The provisions of this § 92a.62 amended under sections 5(b)(1) and 6 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.6); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 1920-A).
Source The provisions of this § 92a.62 amended August 27, 2021, effective August 28, 2021, 51 Pa.B. 5361. Immediately preceding text appears at serial pages (352656) to (352657).
Cross References This section cited in 25 Pa. Code § 92a.26 (relating to application fees).
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