Table shall apply as applicable to permits held by the applicant.

(b) An applicant aggrieved by the establishment of such fee may seek review of the fee in accordance with applicable procedures for appealing other permit terms or conditions established by the permit decision, provided that; 1. in any hearing concerning such fee, the average daily and hourly rates set forth in 310 CMR 4.05(2)(c) shall be used as the basis of the fee; and 2. in any such hearing, the fee established by the Department shall be revised only where the applicant demonstrates by a preponderance of the evidence that the Department's position was unreasonable, arbitrary, or capricious. (c) Future request for adjustment of fee. The permittee may request the Department to adjust an annual compliance assurance fee established pursuant to 310 CMR 4.05(4) by regulation or established pursuant to 310 CMR 4.05(4) by: 1. filing an application to modify or amend the permit in which the fee is established; or 2. requesting revision in the fee during any review of 310 CMR 4.00 and revision of fees established herein. (5) Special Project. Permits for projects determined by the commissioner to have significant environmental interest, or consistency with sustainable development principles, or projects which meet the criteria in M.G.L. c. 21A, § 18(d) clauses (1) and (2) but do not otherwise conform with the requirements of M.G.L. c. 21A, § 18(d) clauses (1) through (4), effective October 7, 2005.