§ 72-0602. State pollutant discharge elimination system program fees.

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Terms Used In N.Y. Environmental Conservation Law 72-0602

  • Facility: means any establishment for which a general permit has been issued pursuant to subdivision six of section 70-0117 of this chapter or any industrial, municipal or private/commercial/institutional (P/C/I) establishment, or any vessel for which a permit is required under titles seven and eight of article seventeen of this chapter. See N.Y. Environmental Conservation Law 72-0601
  • Power plant: means any facility which generates electricity using a steam turbine and generator, which may be fired by coal, oil, natural gas, nuclear energy, or other fuel source. See N.Y. Environmental Conservation Law 72-0601

All persons required to obtain a permit or certificate pursuant to the state pollutant discharge elimination system (SPDES) program as defined in section 72-0601 of this title shall submit annually to the department a fee in an amount to be determined as follows:

a. $330.00 for any P/C/I facilities having a permit to discharge or discharging at an average daily rate of less than 100,000 gallons;

b. $675.00 for P/C/I facilities having a permit to discharge or discharging at an average daily rate of 100,000 gallons or more;

c. $675.00 for industrial facilities having a permit to discharge or discharging at an average daily rate of less than 10,000 gallons;

d. $2,300.00 for industrial facilities having a permit to discharge or discharging at an average daily rate of between 10,000 gallons and 99,999 gallons;

e. $6,700.00 for industrial facilities having a permit to discharge or discharging at an average daily rate of between 100,000 gallons and 499,999 gallons;

f. $22,500.00 for industrial facilities having a permit to discharge or discharging at an average daily rate of between 500,000 and 999,999 gallons;

g. $33,500.00 for industrial facilities having a permit to discharge or discharging at an average daily rate of between 1,000,000 and 9,999,999 gallons;

h. $56,000.00 for industrial facilities having a permit to discharge or discharging at an average daily rate of 10,000,000 gallons or more;

i. $56,000.00 for any power plant;

j. $425.00 for municipal facilities having a permit to discharge or discharging at an average daily rate of less than 200,000 gallons;

k. $2,000.00 for municipal facilities having a permit to discharge or discharging at an average daily rate of between 200,000 and 999,999 gallons;

l. $8,000.00 for municipal facilities having a permit to discharge or discharging at an average daily rate of between 1,000,000 and 4,999,999 gallons;

m. $15,500.00 for municipal facilities having a permit to discharge or discharging at an average daily rate of between 5,000,000 and 39,999,999 gallons;

n. $38,500.00 for municipal facilities having a permit to discharge or discharging at an average daily rate of 40,000,000 gallons or more;

o. $100.00 for any facility having a permit to discharge or discharging ballast no more than 1,000,000 gallons in any twenty-four hour period;

p. $500.00 for any facility having a permit to discharge or discharging ballast in excess of 1,000,000 gallons in any twenty-four hour period;

q. $110.00 per acre disturbed plus $675.00 per future impervious acre for any facility, not owned or managed by a local government or a state department, agency, or authority, discharging or authorized to discharge pursuant to a SPDES permit for stormwater discharges from construction activity. For the purposes of this subdivision, acres disturbed are acres subject to clearing, grading, or excavating subject to SPDES permitting and future impervious acres are acres that will be newly paved or roofed during construction;

r. $50.00 for a medium concentrated animal feeding operation discharging or authorized to discharge pursuant to a general permit;

s. $50.00 for a large concentrated animal feeding operation discharging or authorized to discharge pursuant to a general permit;

t. $110.00 for any facility, other than a municipal separate storm sewer as defined by 40 CFR §122.26 (b) (8), discharging or authorized to discharge pursuant to a general permit unless a specific fee is imposed pursuant to subdivisions a through s of this section for such discharge or authorization to discharge.