250-RICR-30-00-1. Rules and Regulations Governing the Establishment of Various Fees (version Periodic Refile, 12/31/2001 to 04/17/2005)

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT RULES AND REGULATIONS GOVERNING THE ESTABLISHMENT OF VARIOUS FEES FEE SCHEDULE Authority: Chapters 42-17.1, 46-12, 23-23, 23-19.1, 23-18.9 and Chapter 42-35 of the General Laws of Rhode Island as amended FINAL March 1990 AMENDED December 28, 2000 AMENDED April 17, 2001 Regulations Establishing Various Fees For Certain Program Activities DEFINITION OF TERMS WATER RESOURCES RIPDES Permit – Permit issued pursuant to the Rhode Island Pollution Discharge Elimination System for the discharge of wastewaters into the waters of the state. Major and Minor Municipal or Industrial: categories established pursuant to federal Environmental Protection Agency criteria for wastewater discharges. Lists are maintained by Division of Water Resources, DEM. Orders of Approval – Order from the Director of the Department of Environmental Management approving various activities under Rhode Island’s Water Pollution Control Law (Chapter 46-12) Discharge – emergency: An Order of Approval issued under the Direction of an On-Scene Coordinator for the discharge of treated effluent from a pollution control system. Order of Approval to “Prevent Pollution” – Approval of plans and specification prior to construction of wastewater facilities. Major Projects: New wastewater treatment facilities, significant modification of existing facility (for example construction of advanced wastewater treatment facilities), or replacement of existing facilities. Modifications: Modification of existing facilities including upgrades (dewatering processes, aeration capacity expansion, septage handling, etc) or increase of capacity using same process. Extensions: Extension of existing collection systems including lateral sewers, interceptor sewers, and pumping stations. AIR RESOURCES PSD Permit – New source permits or modifications to existing sources. Major sources or major modifications, either PSD or NSR applications. Major sources and major modifications are as defined in APC Regulation No. 9. Major sources are defined at 9.1.27 for nonattainment areas and at 9.1.36 for attainment areas. Major modifications are defined at 9.1.14. Generally, these definitions are as follows: - Major stationary source (nonattainment area) is any source or modification at an existing minor source which has the potential to emit 100 tons/yr. - Major stationary source (attainment area) is any source or modification at an existing minor source which has the potential to emit 100 tons/yr. If it is one of the 28 listed categories of sources in 9.1.36 or 250 tons/yr. otherwise. - Major modification is a change which occurs at an existing major source and would result in a significant net increase in emissions. Thresholds defining significant are listed at 9.1.21 for 15 pollutants specifically. Complex Minor Sources – Complex minor sources or modifications are: - Sources of VOC that have a potential to emit 50 tons/yr. or more. - Sources whose potential emissions in the absence of controls would make the source major. - New sources of air toxics emissions. - Sources subject to New Source Performance Standards or National Emission Standards for Hazardous Air Pollutants (40 CFR 60 & 61). - Any incinerator. - Sources with potential emissions after controls between 100 and 250 tons/yr. and are not major. Minor Source – Minor sources or modifications are: - Applications for the installation of air pollution control equipment only. - Small package boilers firing oil or natural gas (Heat input less than 55 million BTUs/hr.). - Small spray painting operations. - All other miscellaneous applications not in Categories A or B. Toxic Operating Sources – Sources using and/or emitting one or more of the substances listed in Regulation 22 which are notified that they are required to file an operating permit application with the Division pursuant to 22.5.2. Second Tier – Second tier toxic operating sources are sources meeting the definition above and which meet one or more of the following criteria: - Facility uses and/or emits more than 5 of the substances listed in Regulation 22. - Facility submits incomplete or inaccurate information on its operating permit application which is not corrected following notification in writing by the Division. - Review of operating permit application requires refined modelling. Rhode Island Department of Environmental Management FEE SCHEDULE Water Resources (established pursuant to Chapter 46-12 and Chapter 42-17.1-2(z)) RIPDES Permit (Individual) APPLICATION1 ANNUAL2 Major Flow (MGD)3 <1 4,000 1,500 1-15 6,000 3,000 >15-30 8,000 4,500 >30 10,000 6,000 Minor Flow (MGD)3 <0.01 1,000 400 0.01-0.1 2,000 700 >0.1 3,000 1,000 General or Group Permit 400 100 1Application fee is required for all new applications only. General or Group application fee is required only if review of a pollution control plan is required. 2Annual fees are assessed on a calendar year basis and are due July 15, 2001 and July 15th of each subsequent year, for all permits active as of December 31st. Expired permits that remain in effect in accordance with the RIPDES Regulations shall continue to pay annual fees. 3Flow represents the sum of the average monthly limits (maximum if average is not limited) for each outfall listed in the permit. Orders of Approval for discharges under the Direction of an On- Scene Coordinator Discharge - emergency 347 Orders of Approval to “Prevent Pollution” Major Projects $9,930 Modifications 5,775 Extensions 277 Air Resources (established pursuant to Chapter 23-23 and Chapter 42-17.2-2(z)) PSD Permit $25,410 Complex Minor source 4,620 Minor Source 1,271 Toxic Operating Sources 809 Second Tier 2,310 Hazardous Waste (established pursuant to 23-19.1): See the fee schedule in the Rules and Regulations for Hazardous Waste Management. Solid Waste (established pursuant to Chapter 23-18.9-9): See the fee schedule in the Rules and Regulations for Composting Facilities and Solid Waste Management Facilities No.1. ADOPTION AND FILING The foregoing rules and regulations, after due notice, are hereby adopted as amended and filed with the Secretary of State this 17 th day of April, 2001, to become effective twenty (20) days thereafter, subject to and in accordance with the provisions of Chapter 42-17.1, 46-12, 23-23, 23-19.1, 23-18.9 and Chapter 42-35 of the General Laws of Rhode Island, 1956 as amended. _____________________ ______________________________ Date Jan H. Reitsma Director Department of Environmental Management Public Notice on: January 29 , 2001 Public Workshops on: February 8, and 27 , 2001 Filing Date: April 17, , 2001 Effective Date: May 7, , 2001