R18-13-702. Solid Waste Facility Plan Review Fees

A. With each application submitted for approval pursuant to A.R.S. § 49-762.03, the applicant shall remit an initial fee in accordance with one of the fee tables in this subsection, unless otherwise provided in subsection (B) of this Section. This subsection also lists the maximum fees that the Department will bill the applicant. All fees paid shall be payable to the state of Arizona. The Department shall deposit the fees paid into the Solid Waste Fee Fund established pursuant to A.R.S. § 49-881, unless otherwise authorized or required by law. Fee Tables Fees for Plan Review of New Solid Waste Facilities Initial Maximum Solid Waste Landfills $20,000 $297,047 Non-APP requirements for Non- MSWLFs operating under an APP $2,000 $74,262 Other Solid Waste Facilities Subject to Plan Approval $10,000 $148,524 Fees for Modifications to Solid Waste Facility Plans Initial Maximum Solid Waste Landfills – Type IV $1,500 $222,786 Solid Waste Landfills – Type III $750 $111,393 Other Solid Waste Facilities Subject to Plan Approval - Type IV $750 $111,393 Other Solid Waste Facilities Subject to Plan Approval - Type III $500 $74,262 Fees for Review of Financial Responsibility Plans for Solid Waste Facilities Initial Maximum Annual Review for Solid Waste Landfills $891 Flat Fee N/A Other Solid Waste Facilities $200 $7,426 B. The Department shall bill an applicant for plan review services, subject to an hourly rate, no more than monthly, but at least semi-annually. The following information shall be included in each bill: 1. The dates of the billing period; 2. After January 1, 2013, the date and number of review hours performed during the billing period itemized by employee name, position type and specifically describing: a. Each review task performed, b. The facility and operational unit involved, and c. The hourly rate; 3. A description and amount of any other reasonable review-related cost; and 4. The total fees paid to date, the total fees due for the billing period, the date when the fees are due, and the maximum fee for the project. C. Within 30 days after the Department makes a final determination whether to approve or disapprove of the facility plan, or when an applicant withdraws or closes the application for review, the Department shall prepare and issue a final itemized bill of its review. If the Department determines that the actual cost of reviewing the plan is less than the initial fee and any interim fees paid, the Department shall refund the difference to the applicant within 30 days after the issuance of the approval or disapproval of the application. If the Department determines that the actual cost of plan review is greater than the corresponding amount listed, the Department shall list the amount that the applicant owes on the final itemized bill, except that the final itemized bill shall not exceed the applicable maximum fee specified in subsection (A). The applicant shall pay in full the amount due within 30 days of receipt of the final itemized bill. D. If the final bill is not paid within the 30 days, the Department shall mail a second notice to the applicant. Failure to pay the amount due within 60 days of receipt of the notice shall result in the Department initiation of proceedings for suspension of the approval, in accordance with A.R.S. § 49-782. The suspension shall continue until full payment is received at the Department. If full payment is not received at the Department within 365 days of the date of the approval, the approval shall be revoked in accordance with A.R.S. § 49-782. The Department shall not review any further plans for an entity which has not paid all fees due for a previous review of a solid waste facility plan. E. The hourly rate is $181. F. Beginning July 1, 2026, the Director shall adjust the fee amounts in the columns of the Fee Tables titled “Maximum”, the annual review for solid waste landfills flat fee in the Fee Table - Fees for Review of Financial Responsibility Plans for Solid Waste Facilities, and the hourly rate amount in subsection (E) of this Section annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year: 1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa- Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regional- resources.htm, for October of that year. 2. Round the result from subsection (F)(1) down to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.