Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO: RULE TITLE
62-4.050: Procedures to Obtain Permits and Other Authorizations; Applications
62-4.053: Annual Operating License Fees for Public Water Systems
PURPOSE AND EFFECT: The Department proposes to amend the fee schedule in Rules 62-4.050 and 62-4.053, F.A.C., to comply with the requirements of Chapter 2008-150, Laws of Florida, as codified in Sections 373.109, 403.087, and 403.861, F.S., which established new fees and minimum fee requirements for environmental resource and wetland resource permit programs under Part IV of Chapter 373, F.S., and the drinking water and mangrove programs under Chapter 403, F.S. The fee changes under Part IV of Chapter 373, F.S., include a new $250 minimum fee for noticed general permits and individual permits; a new $100 minimum fee to verify qualification for an exemption; and a new $100 minimum fee to conduct an informal wetland boundary determination. For the drinking water program, the rule includes a new minimum annual operation license fee of $50 for each public water system, automatically increases the minimum fees for drinking water construction permits to $500, and establishes the minimum permit fee for a drinking water distribution system permit, including a minimum fee for a general permit at $500. These new fees and the minimum fees automatically went into effect on July 1, 2008.
The proposed rules also include an annual operation license fee schedule for public water systems and increases to the other fees charged by the Department under Part IV of Chapter 373, F.S., and the drinking water program to, at a minimum, reflect changes in the rate of inflation since the time each fee was established or most recently revised. Also, as required by the statute, the rule provides for the Department to adjust all of the fees every five years based on changes in the consumer price index (CPI), and identifies the inflation index used for making the fee adjustments. The inflation index used for making all fee adjustments is the price paid by all urban consumers for a market basket of consumer goods and services; specifically, the CPI figures for the “CPI-U, U.S. City Average, All Items” established for the previous five years by the Bureau of Labor Statistics (BLS) (www.bls.gov/cpi/), computed as provided in the BLS publication “Handbook of Methods,” Chapter 17 (www.bls.gov/opub/hom/pdf/homch17.pdf).
SUMMARY: Adoption of new fees and minimum fees for activities conducted under Part IV of Chapter 373, F.S., and Chapter 403, F.S., and adjustments to all fees to reflect inflation using the CPI-U, U.S. City Average, All Items and adopting the adjustment method.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: Minimum fees were established by Chapter 2008-150, L.O.F., and existing fees were adjusted, within applicable statutory caps, to reflect the increase in the cost of living since those fees were last adjusted except for certain drinking water fees which increased more than the cost of living but in proportion to existing drinking water construction permit fees. The increased fees are generally scaled in consideration of project size and complexity with higher fees charged for larger and more complex projects.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 373.026, 373.043, 373.109, 373.414, 373.418, 373.421, 403.061, 403.087, 403.704(30), 403.805, 403.861, 403.861(7), 403.861(8) FS.
LAW IMPLEMENTED: 373.109, 373.309, 373.409, 373.413, 373.4135, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418, 373.421, 403.061, 403.087, 403.087(6), 403.0877, 403.088, 403.0885, 403.722, 403.861(7) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: February 11, 2009, 10:00 a.m., ET
PLACE: Department of Environmental Protection, Bob Martinez Center, Room 609, 2600 Blair Stone Road, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Mary VanTassel at (850)245-8486. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jim Stoutamire, Florida Department of Environmental Protection, Division of Water Resource Management, 2600 Blair Stone Road, MS 3500, Tallahassee, FL 32399-2400, telephone (850)245-8490, or e-mail: Jim.Stoutamire@dep.state.fl.us. Further information and updates on development of this rule also may be obtained from the Department’s Internet site at: http://www.dep.state.fl.us/water/wetlands/erp/rules/rulestat.htm. (OGC # 08-1684)

THE FULL TEXT OF THE PROPOSED RULE IS:

62-4.050 Procedures to Obtain Permits and Other Authorizations; Applications.

(1) through (3) No change.

(4) Processing fees are as follows:

(a) through (d) No change.

(e) Wetland Resource Management (Dredge and Fill) Permits. This paragraph pertains to projects that have been grandfathered according to Sections 373.414(11) (1994 Supp.), (12)(a) (1994 Supp.), (13), (14), (15) or (16), F.S., and projects, or portions thereof, located in the Northwest Florida Water Management District.

 

1. Dredge and fill construction projects up to and including 5 years:

 

 

a. Standard form projects including dredge and fill activities that affect 10 or more acres of jurisdictional area pursuant to subsection 62-312.070(2), F.A.C.

$4,000

 

b. Standard form construction projects that involve the construction of new docking facilities pursuant to Rule 62-312.070, F.A.C., that provide:

 

 

(I) 50 or more new boat slips

$4,000

 

(II) 25 to - 49 new boat slips

$4,000 $3000

 

(III) 10 to - 24 new boat slips

$2,480 $1500

 

(IV) 3 to - 9 new boat slips

$830 $500

 

(V) 0 to - 2 new boat slips

$500 $300

 

c. Short form construction projects involving dredging or and filling of activities that affect 9.99 acres or less of jurisdictional area, pursuant to subsection 62-312.070(2), F.A.C.

$830 $500

 

d. Short form construction projects involving the construction of new docking or boardwalk facilities, pursuant to Rule 62-312.070, F.A.C., that provide:

 

 

(I) 0 to - 2 new boat slips

$500 $300

 

(II) 3 to - 9 new boat slips

$830 $500

 

(III) The addition of 3 to 20 docking slips to existing functional docking facilities where the total facility will not exceed 50 slips and the existing and proposed slips are not associated with commercial facilities or facilities which provide supplies or services required for boating activities.

$760 $500

 

e. Short form and standard form projects solely for environmental restoration or enhancement activities, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S.

$250 $100

 

2. Dredge and fill construction permits in excess of 5 years:

 

 

a. Short form permits from 6 years up to and including 10 years

$4,950 $3000

 

b. Standard form permits for 6 years

$10,650 $6000

 

c. Standard form permits for 7 years

$12,430 $7000

 

d. Standard form permits for 8 years

$14,200 $8000

 

e. Standard form permits for 9 years

$15,980 $9000

 

f. Standard form permits for 10 years

$17,750 $10,000

 

g. Standard form permits for 11 years

$19,530 $11,000

 

h. Standard form permits for 12 years

$21,300 $12,000

 

i. Standard form permits for 13 years

$23,080 $13,000

 

j. Standard form permits for 14 years

$24,850 $14,000

 

k. Standard form permits for 15 years

$25,000 $15,000

 

l. Standard form permits for 16 years

$25,000 $16,000

 

m. Standard form permits for 17 years

$25,000 $17,000

 

n. Standard form permits for 18 years

$25,000 $18,000

 

o. Standard form permits for 19 years

$25,000 $19,000

 

p. Standard form permits for 20 years

$25,000 $20,000

 

q. Standard form permits for 21 years

$25,000 $21,000

 

r. Standard form permits for 22 years

$25,000 $22,000

 

s. Standard form permits for 23 years

$25,000 $23,000

 

t. Standard form permits for 24 years

$25,000 $24,000

 

u. Standard form permits for 25 years

$25,000

 

v. No change.

w. Permits for phosphate and attapulgite mines with a duration of greater than >25 years pursuant to the provisions of Section 373.414(15), F.S.

 

$25,000

 

x. Modifications involving permits issued pursuant to Section 403.816, F.S., or Chapter 62-45, F.A.C.

$1,000

 

y. 6 to 25 year permits pursuant to Chapter 62-45, F.A.C., and all permits under Section 403.816, F.S.

$5,000

 

z. Modifications to permits pursuant to Chapter 62-45, F.A.C.

$1000

 

z.(I) Short form and standard form projects solely for environmental restoration or enhancement activities, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S.

$250 $100

 

3. Mitigation Banks

 

 

 

a. Mitigation Bank Permit, other than Conceptual Approval Permit

 

$6,050

 

b.Credit Release (credit available for sale)

 

$330

 

c. Credit Withdrawal (actual use of credit)

 

$0

 

d. Mitigation Bank Conceptual Approval Permit

 

$6,050

 

4. Modifications:

 

 

a. Major modifications of Standard Form and Short Form Permits, as determined by Rule 62-312.100, F.A.C., other than for Class I solid waste disposal facilities or as otherwise specified above

Same fee as for a new application for the activity

 

b. Minor modifications of Standard Form and Short Form Permits, where the modification will not require substantial technical evaluation by the Department, will not lead to substantially different environmental impacts or will lessen the impacts of the original permit, and as further as determined by Rule 62-312.100, F.A.C., other than for Class I solid waste disposal facilities or as otherwise specified above:

 

 

(I) To correct minor errors or typographical mistakes and that do not involve technical review

$0

 

(II) To incorporate changes requested by the Department or required through permits issued by other regulatory agencies, and to change due dates for reporting or performance deadlines when such changes in the due date do not involve any new work, any new work locations, or any new activities, and will not alter, replace, or otherwise eliminate the requirements for otherwise performing the work required by the permit

$0

 

(III) That consist of transfers of permits or time extensions

$80

 

(IV) That consist of minor technical changes which involve new work, new work locations, new activities, or any other change which alters, replaces, or otherwise eliminates the work authorized by the permit when the original permit fee of the issued permit is less than $300, except for modifications to permits issued pursuant to Section 403.816, F.S.

$250

 

(V) That consist of minor technical changes which involve new work, new work locations, new activities, or any other change which alters, replaces, or otherwise eliminates the work authorized by the permit when the original permit fee of the issued permit is more than or equal to $300, except for permits issued pursuant to Section 403.816, F.S.

$420

 

(VI) For minor modifications for Class I solid waste disposal facilities

$2,110

 

3. Mangrove alteration permits:

 

 

a. Mangrove alteration permits which involve the alteration of less than 20 mangroves

$250

 

b. Mangrove alteration permits which involve the alteration of 20 or more mangroves

$500

 

5.4. For the purposes of determining the fee for wetlands resource management permits, the term of duration for the permit shall be reduced by the period of time (in yearly increments) during which no dredging or filling activity occurs or no reclamation, restoration, or mitigation occurs and only minor monitoring and maintenance activities are required. The fee for the full term shall be submitted with the application. After the Department determines the period of time that the term of the permit can be reduced, the excess fee shall be returned.

6.5. For permit applications which involve a combination of the project fee categories listed above, the highest fee that applies to the appropriate standard form or short form project, pursuant to Rule 62-312.070, F.A.C., shall be charged.

7.6. Variances from permitting standards, permit conditions, or water quality standards associated with a wetland resource or mangrove alteration permit application:

a. Under Section 403.812, F.S.

 

(I)a. Variances Ffrom the prohibition of subsection 62-312.080(7), F.A.C.

$170 $100

b. Variances from the provisions of Chapter 62-321, F.A.C.

$100

(II)c. Other variances

$830 $500

b. Under Section 120.542, F.S.

$0

8. Verification of qualification to use a general permit, except:

$250

a. Paving of existing municipally owned roads under Rule 62-312.824, F.A.C.

 

$0

b. Environmental enhancement and restoration activities conducted by the U.S. Army Corps of Engineers under Rule 62-312.825, F.A.C.

 

$0

9. Verification that an activity is exempt from regulation under Section 403.813, F.S., or Part IV of Chapter 373, F.S.

 

$100

(f) Mangrove Alteration and Trimming.

1. Alteration of less than 20 mangroves under Section 403.9328, F.S.

 

$420

2. Alteration of 20 or more mangroves under Section 403.9328, F.S.

 

$830

3. General Permit under Section 403.9327, F.S.

 

$250

4. Verification of an exemption for trimming or alteration

 

$0

5. Minor modification, other than transfer & time extensions

 

$250

6. Transfer of ownership or permit

 

$90

7. Time extension

 

$90

8. Variance under Section 403.9334, F.S.

 

$170

 

(g)(f) Stormwater Permits under Chapter 62-25, F.A.C. This paragraph pertains to projects, or portions thereof, located in the Northwest Florida Water Management District.

1. Notice to use stormwater general permit per subparagraphs 62-25.801(1)(a) through (d), F.A.C. Construction permit for stormwater facilities

$420 $1,000

2. Conversion of construction permit to operation Operation permit for a stormwater facility

$100

 

(g) MSSW permits. This paragraph pertains to projects that have been grandfathered according to Sections 373.414(11) (1994 Supp.), (12)(a) (1994 Supp.), (13), (14), (15) or (16), F.S.

1. For MSSW facilities located within the boundaries of the St. Johns River Water Management District, the processing fee used by the Department shall be the same as set forth in paragraphs (5)(j) and (k) of Rule 40C-1.603, F.A.C., which is adopted and incorporated by reference.

2. For MSSW facilities located within the boundaries of the South Florida Water Management District, the processing fee used by the Department shall be the same as set forth in subparagraph (3)(a)4. and paragraph (3)(b) of Rule 40E-1.607, F.A.C., which is adopted and incorporated by reference.

3. For MSSW facilities located within the boundaries of the Southwest Florida Water Management District, the processing fee used by the Department shall be the same as set forth in subsections (4) and (5) of Rule 40D-1.607, F.A.C., which is adopted and incorporated by reference.

(h) Environmental Resource Permits. For individual, conceptual approval or standard general permit applications under Part IV of Chapter 373, F.S., that involve a combination of the fee categories listed in subparagraphs 1. and 2. below, the highest fee in these subparagraphs that applies to the project in question shall be the correct application fee.

1. Individual and Conceptual Approval Permits (those systems that involve ≥ 1 acre or more of construction or alteration in, on or over wetlands or other surface waters, involve ≥ 10 or more new boat slips, are capable of impounding more than ≥ 120 acre feet, serve a total land area of ≥ 100 acres or more, or provide for the placement of ≥ 12 acres or more of impervious surface):

a. For a system that involves less than ≤ 1 acre of construction or alteration in, on or over wetlands or other surface waters and involves less than ≤ 10 new boat slips but reaches any of the following three thresholds:

(I) Is capable of impounding more than ≥ 120 acre feet;

 

 

(II) Serves a total land area of ≥ 100 acres or more; or

 

 

(III) Provides for the placement of ≥ 12 acres or more of impervious surface

$3,510 $2,500

 

b. For a system involving the following total acreage of construction or alteration in, on or over wetlands or other surface waters:

 

 

(I) ≥ 100 acres or more

$14,020 $10,000

 

(II) < 100 acres and ≥ 50 acres up to less than 100 acres

$11,220 $8,000

 

(III) < 50 acres and ≥ 10 acres up to less than 50 acres

$9,120 $6,500

 

(IV) < 10 acres and ≥ 5 acres up to less than 10 acres

$7,710 $5,500

 

(V) < 5 acres and ≥ 2 acres up to less than 5 acres

$5,610 $4,000

 

(VI) < 2 acres and ≥ 1 acre up to less than 2 acres

$4,210 $3,000

 

c. For a system involving 10 or more new boat slips and either capable of impounding ≥ 40 acre feet or more, serving a total land area ≥ 40 acres or more, providing for the placement of ≥ 12 acres or more of impervious surface, or involving construction or alteration (other than new boat slips) in, on or over wetlands or other surface waters, with the following number of new slips:

 

 

(I) 50 or more

$9,120 $6,500

 

(II) 30 to - 49

$7,710 $5,500

 

(III) 10 to - 29

$5,610 $4,000

 

d. For a system involving 10 or more new boat slips and capable of impounding less than < 40 acre feet, serving a total land area less than < 40 acres, providing for the placement of less than < 12 acres of impervious surface, and not involving construction or alteration (other than new boat slips) in, on or over wetlands or other surface waters, with the following number of new slips:

 

 

(I) 50 or more

$5,610 $4,000

(II) 30 to - 49

$4,210 $3,000

(III) 10 to - 29

$2,110 $1,500

e. For a system involving a new Class I solid waste disposal facility

$10,520 $7,500

f. Major modification of For a system involving an existing Class I solid waste disposal facility

$11,920 $8,500

g. Systems solely for environmental restoration or enhancement activities, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S.

$250 $100

2. Standard Permits and Standard General Permits (those systems below the thresholds listed in subparagraph 1. above):

 

 

a. For a system serving a project with a total land area of 40 or more acres, up to < 100 acres and ≥ 40 acres, with the following additional activities:

 

 

(I) Both the construction of 1 to - 9 new boat slips and the construction or alteration (other than new boat slips) in, on or over a total area of wetlands or other surface waters less than < 1 acre and more than > 0 acres

$2,110 $1,500

 

(II) Either the construction of 1 to - 9 new boat slips or the construction or alteration (other than new boat slips) in, on or over a total area of wetlands or other surface waters less than < 1 acre and more than > 0 acres

$1,410 $1,000

 

(III) No construction or alteration in, on or over wetlands or other surface waters

$1,340 $700

 

b. For a system serving a project with a total land area less than < 40 acres and more than > 1 acre, with the following additional activities:

 

 

(I) 3 to - 9 new boat slips

$990 $700

 

(II) 1 to - 2 new boat slips

$850 $600

 

(III) Construction or alteration (other than new boat slips) in, on or over a total area of wetlands or other surface waters of more than 0 acre, but less than < 1 acre and > 0 acres

$850 $600

 

c. For a system serving a project with a total land area of ≥ 1 acre or more, with the following additional activities:

 

 

(I) 3 to - 9 new boat slips

$850 $600

 

(II) 1 to - 2 new boat slips

$430 $300

 

(III) Construction or alteration (other than new boat slips) in, on or over a total area of wetlands or other surface waters less than < 1 acre and more than > 0 acres

$710 $500

 

d. Systems solely for environmental restoration or enhancement activities, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S.

$250 $100

 

3. Mitigation Banks and Mitigation Bank Conceptual Approval Permits

$4,000

 

a. Mitigation Bank Permit, other than Conceptual Approval

$6,050

 

b.Credit Release (credit available for sale)

$330

 

c. Credit Withdrawal (actual use of credit)

$0

 

d. Mitigation Bank Conceptual Approval Permit

$6,050

 

4. Environmental Resource “Stormwater” Permit for a system serving a project with a total land area less than < 40 acres and:

 

 

a. Involving no construction or alteration in, on or over wetlands or other surface waters; or

$420 $300

 

b. That is solely for environmental restoration or enhancement activities, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S.

$250 $100

 

5. Verification of qualification to use For a Noticed General Permit, except:

$250 $100

 

a. Paving of existing county or municipally owned roads under Rule 62-341.448, F.A.C.

$0

 

b. Environmental enhancement and restoration activities conducted by the U.S. Army Corps of Engineers under Rule 62-341.486, F.A.C.

$0

 

6. Variances:

 

 

a. Under Section 373.414(17), F.S.

 

 

(I)a. From To the prohibition of work in Class II Waters, approved for shellfish harvesting

$170 $100

 

b. To mangrove prohibitions in Chapter 62-321, F.A.C.

$100

 

(II)c. Other variances

$830 $500

 

b. Under Section 120.542, F.S.

$0

 

7. Modifications:

 

 

a. For major modifications of Individual and Conceptual Approval Permits (no increase in project area)

$700

 

b. For major modifications of Individual and Conceptual Approval Permits (with an increase in project area)

$2,000

 

c. For major modifications of Individual and Conceptual Approval Permits for solid waste facilities

$4,000

 

a.d. For Mmajor modifications of Individual (including Conceptual Approval) and Standard General Permits, as defined in paragraph 62-343.100(1)(b), F.A.C., other than for Class I solid waste disposal facilities

Same fee as for a new application for the activity 50% of original application fee

 

b. Minor modifications of Individual (including Conceptual Approval) and Standard General Permits, where the modification will not require substantial technical evaluation by the Department, will not lead to substantially different environmental impacts or will lessen the impacts of the original permit, and as further defined in paragraph 62-343.100(1)(a), F.A.C., other than for Class I solid waste disposal facilities:

 

 

e. For minor modifications of Individual and Conceptual Approval Permits for solid waste facilities

$1,500

 

(I) To correct minor errors or typographical mistakes and that do not involve technical review

$0

 

(II) To incorporate changes requested by the Department or required through permits issued by other regulatory agencies, and to change due dates for reporting or performance deadlines when such changes in the due date do not involve any new work, any new work locations, or any new activities, and will not alter, replace, or otherwise eliminate the requirements for otherwise performing the work required by the permit

$0

 

f. For other minor modifications

Fee specified in paragraph (4)(r)

 

(III)g. That consist of transfers of For permits or time extensions

$80 $50

 

(IV) That consist of minor technical changes which involve new work, new work locations, new activities, or any other change which alters, replaces, or otherwise eliminates the work authorized by the permit when the original permit fee of the issued permit is less than $300, except for modifications to permits issued pursuant to Section 403.816, F.S.

$250

 

(V) That consist of minor technical changes which involve new work, new work locations, new activities, or any other change which alters, replaces, or otherwise eliminates the work authorized by the permit when the original permit fee of the issued permit is more than or equal to $300, except for permits issued pursuant  to Section 403.816, F.S.

$420

 

(VI) For minor modifications of Individual and Conceptual Approval Permits for Class I solid waste disposal facilities

$2,110

 

8. Verification that an activity is exempt from regulation under Section 403.813, F.S., or Part IV of Chapter 373, F.S.

$100

 

(i) Petitions for Formal Determinations of the Landward Extent of Wetlands and Other Surface Waters:

 

 

1. Petition application fees shall be based on the acreage of the entire property for which the petition is filed, according to the following schedule:

 

 

a. More than > 0 acres and less than or equal to ≤ 1 acre

$350 $250

 

b. More than > 1 acre and less than or equal to ≤ 10 acres

$780 $550

 

c. More than > 10 acres and less than or equal to ≤ 40 acres

$1,060 $750

 

d. More than > 40 acres and less than or equal to ≤ 100 acres

$2,110 $1,500

 

e. For property greater than 100 acres in size, the fee will be $2,110 $1500 plus an additional $290 $200 for each additional 100 acres (or portion thereof) that exceeds the first 100 acres.

 

 

f. For a new formal determination for single-family residences of less than or equal to five acres within the territory of the South Florida District Office of the Department, under subsection 62-343.040(3), F.A.C.

$300 $250

 

2. For a new formal determination that covers property on which a valid formal determination exists, provided that the petition for the new formal determination is filed within 60 days of the date of expiration of the existing formal determination and the physical conditions on the property have not changed, other than changes authorized by a permit, so as to alter the boundaries of surface waters or wetlands, and provided the methodology for determining the extent of surface waters and wetlands authorized by Sections 373.421 and 373.4211, F.S., has not been amended since the previous formal determination.

$350 $250

 

(j) through (m) No change.

(n) Drinking Water (Public Water Supply) Permits.

 

 

1. Construction permit for each Category I through III treatment plant, as defined in Rule 62-699.310, F.A.C., with treatment other than disinfection only.

a. Treatment plant - 5 MGD and above

$12,500 $7500

b. Treatment plant - 1 MGD up to 5 MGD

$10,000 $6000

c. Treatment plant - 0.25 MGD up to 1 MGD

$7,000 $4000

d. Treatment plant - 0.1 MGD up to 0.25 MGD

$4,000 $2000

e. Treatment plant - up to 0.1 MGD

$2,000 $1000

2. Construction permit for each Category IV treatment plant, as defined in Rule 62‑699.310, F.A.C., with treatment other than disinfection only.

a. Treatment plant - 5 MGD and above

$12,500 $7500

b. Treatment plant - 1 MGD up to 5 MGD

$10,000 $6000

c. Treatment plant - 0.25 MGD up to 1 MGD

$7,000 $4000

d. Treatment plant - 0.1 MGD up to 0.25 MGD

$4,000 $2000

e. Treatment plant - .01 up to 0.1 MGD

$2,000 $1000

f. Treatment plant - up to 0.01 MGD

$800 $400

3. Construction permit for each Category V treatment plant, as defined in Rule 62‑699.310, F.A.C., – Disinfection only.

a. Treatment plant - 5 MGD and above

$10,000 $5000

b. Treatment plant - 1 MGD up to 5 MGD

$6,000 $3000

c. Treatment plant - 0.25 MGD up to 1 MGD

$2,000 $1000

d. Treatment plant - 0.1 MGD up to 0.25 MGD

$1,000 $500

e. Treatment plant - up to 0.1 MGD

$600 $300

4. Distribution and transmission systems, including raw water lines into the plant, except those under general permit.

a. Serving a community public water system

$900 $500

b. Serving a non-transient non-community public water system

$700 $350

c. Serving a transient non-community public water system

$500 $250

5. Construction permit for each public water supply well.

a. Well located in a delineated area pursuant to Chapter 62-524, F.A.C.

$1,000 $500

b. Any other public water supply well.

$500 $250

6. Major modifications to systems that alter the existing treatment without expanding the capacity of the system and are not considered substantial changes pursuant to subsection 62-4.050(7) below.

a. 1 MGD and above

$4,000 $2000

b. 0.1 MGD up to 1 MGD

$2,000 $1000

c. 0.01 up to 0.1 MGD

$1,000 $500

d. up to 0.01 MGD

$500 $100

7. Minor modifications to systems that result in no change in the treatment or capacity.

a. 0.1 MGD and above

$1,000 300

b. up to 0.1 MGD

$500 100

8. General Permit fee for any General Permit not specifically in subparagraphs 1. through 7. above:

a. General permits requiring Professional Engineer or Professional Geologist certification.

$650

b. General permits not requiring Professional Engineer or Professional Geologist certification.

$500

(o) through (y) No change.

(z) The fees in paragraphs (e) through (i), and (n) shall be increased March 1, 2013, and at subsequent 5-year intervals to bring the fees up-to-date using the annual CPI average rate for each year of the five-year interval. The annual CPI average rate shall be calculated by averaging the previous five years of Consumer Price Index figures for the “CPI-U, U.S. City Average, All Items” established by the Bureau of Labor Statistics (BLS) (www.bls.gov/cpi/), computed as provided in the BLS publication “Handbook of Methods,” Chapter 17 (www.bls.gov/opub/hom/pdf/homch17.pdf). The Department shall round any increased fees to the next highest whole ten dollar increment. In the event of deflation during the 5-year interval, the Department shall consult with the Executive Office of the Governor and the Legislature to determine whether downward fee adjustments are appropriate based on the current budget and appropriation considerations.

(5) through (8) No change.

Rulemaking Specific Authority 373.026, 373.043, 373.109, 373.414, 373.418, 373.421, 403.061, 403.087, 403.704(30), 403.805 FS. Law Implemented 373.109, 373.309, 373.409, 373.413, 373.4135, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418, 373.421, 403.061, 403.087, 403.0877, 403.088, 403.0885, 403.722, 403.861(7) FS. History–New 5-17-72, Amended 6-19-74, 7-8-82, Formerly 17-4.05, Amended 11-15-87, 8-31-88, 10-3-88, 4-4-89, 3-19-90, 6-11-90, 3-7-91, 3-18-91, 5-30-91, 10-30-91, 11-16-92, 12-21-92, 7-11-93, 2-2-94, Formerly 17-4.050, Amended 11-23-94, 4-30-95, 7-4-95, 12-15-98, 10-22-00, 6-1-01, 1-30-03, 2-19-03, 4-3-03, 5-1-03, 2-7-06, 10-31-07,_________.

 

62-4.053 Annual Operating License Fees for Public Water Systems.

(1) Scope and Intent. As authorized in Section 403.087(6), F.S., this rule implements annual regulatory program and surveillance fees (operating license fees) for public drinking water systems. These fees effect the legislative intent that the Department’s costs for administering the Florida Safe Drinking Water Act be borne by regulated parties. As such, the annual operating license fees are applicable only to public water systems subject to regulation under Chapters 62-550, 62-555 and 62-560, F.A.C., pursuant to Section 403.0885, F.S.

(2) The license fees described in paragraphs (a) through (c) of this subsection shall be the annual operating license fees for such facilities.

(a) Annual operating license fees shall be based on the type of public water system, or the population served, or the sum of permitted capacities of the treatment provided under their unique PWS ID Number, as set forth in subsections (3) through (6) below.

(b) Annual operating license fees are applicable for the period from July 1 to June 30 of the following year.

(c) Annual operating license fees for drinking water systems are not refundable and shall be due and payable as follows:

1. The annual operating license fees set forth in this section shall be required for all public water systems for which the Department is granted administrative authority. The amount due shall be the applicable annual operating license fee described in subsection (3), (4), (5), or (6) of this section, and are due and payable no later than 45 days after receipt of an operating license fee invoice from the Department for public water systems that are subject to regulation under Section 403.861, F.S., on that date.

2. When a new public water system is issued a permit and is cleared for operation to be put in service under Chapter 62-555, F.A.C., pursuant to Section 403.861, F.S., the first annual operating license fee shall be due no later than 45 days after receipt of an operating license fee invoice from the Department. The amount due shall be the applicable annual operating license fee described in subsections (3), (4), (5), or (6) of this section. The operating license fee shall be due and payable pursuant to paragraph 62-4.053(2)(b), F.A.C., above.

3. Non-payment or late payment of an annual operating license fee shall be grounds for enforcement action pursuant to Sections 403.121, 403.141, and 403.161, F.S. Non-payment of an annual operating license fee shall be grounds for revocation or denial of an application for a drinking water construction permit.

4. When a public water system changes in a manner which places the facility in a different annual operating license fee category:

a. The operating license fee shall be changed as appropriate and be in effect for the next operating year (July 1 – June 30),

b. The new operating license fee shall be due no later no later than 45 days after receipt of an operating license fee invoice from the Department following the change, and

c. No operating license fee is due for an inactive system.

(3) The annual operating license fees for community public water systems are based on the system’s permitted design capacity, and are as follows:

Design Capacity

Fee

(a) 10 MGD and above

$6,000

(b) 5 MGD up to 10 MGD

$4,000

(c) 1 MGD up to 5 MGD

$2,000

(d) .33 MGD up to 1 MGD

$1,000

(e) .05 MGD up to 0.33 MGD

$500

(f) Less than 0.05 MGD

$100

(4) The annual operating license fee for consecutive community public water systems shall be based on their population served as reported by the system during their most recent Sanitary Survey as follows:

Population Served

Fee

(a) 25-500

$50

(b) 501-3,300

$100

(c) 3,301-10,000

$500

(d) 10,001-50,000

$1,000

(e) 50,001-100,000

$2,000

(f) >100,000

$4,000

(5) The annual operating license fee for non-transient, non-community public water systems shall be $100.

(6) The annual operating license fee for transient, non-community public water systems shall be $50.

(7) Public water systems will be invoiced individually for the annual operating license fee.

(8) The annual operating license fee in this Section shall be adjusted for inflation using the methodology in paragraph 62-4.050(4)(z), F.A.C.

Specific Authority 403.061, 403.861(7), 403.861(8) FS. Law Implemented 403.087(6), 403.0885 FS. History–New_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Janet G. Llewellyn, Director, Division of Water Resource Management
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael W. Sole, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 06, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 27, 2008