49-242. Procedural requirements for individual
permits; annual registration of permittees; fee
A. The director shall prescribe by rule requirements for issuing, denying,
suspending or modifying individual permits, including requirements for submitting
notices, permit applications and any additional information necessary to determine
whether an individual permit should be issued, and shall prescribe conditions and
requirements for individual permits.
B. Each owner of an injection well, a land treatment facility, a dry well, an
on-site wastewater treatment facility with a capacity of more than three thousand gallons
per day, a recharge facility or a facility that discharges to navigable waters to whom an
individual or area-wide permit is issued shall register the permit with the director each
year and pay an annual registration fee for each permit based on the total daily
discharge of pollutants pursuant to subsection E of this section.
C. Each owner of a surface impoundment, a facility that adds a pollutant to a salt
dome formation, salt bed formation, underground cave or mine, a mine tailings pile or
pond, a mine leaching operation, a sewage or sludge pond or a wastewater treatment
facility to whom an individual or area-wide permit is issued shall register the permit
with the director each year and pay an annual registration fee for each permit based on
the total daily influent of pollutants pursuant to subsection E of this section.
D. Pending the issuance of individual or area-wide aquifer protection permits, each
owner of a facility that is prescribed in subsection B or C of this section that is
operating on September 27, 1990 pursuant to the filing of a notice of disposal or a
groundwater quality protection permit issued under title 36 shall register the notice of
disposal or the permit with the director each year and shall pay an annual registration
fee for each notice of disposal or permit based on the total daily influent or discharge
of pollutants pursuant to subsection E of this section.
E. Only for a one-time rule making after the effective date of this amendment to
this section, the director shall establish by rule an annual registration fee for
facilities prescribed by subsections B, C and D of this section. The fee shall be
measured in part by the amount of discharge or influent per day from the facility. After
the one-time rule making, the director shall not increase those fees by rule without
specific statutory authority for the increase.
F. For a site with more than one permit subject to the requirements of this
section, the owner or operator of the facility at that site shall pay the annual
registration fee prescribed pursuant to subsection E of this section based on the permit
that covers the greatest gallons of discharge or influent per day plus one-half of the
annual registration fee for gallons of discharge or influent for each additional permit.
G. The director shall prescribe the procedures to register the notice of disposal
or permit and collect the fee under this section. The director shall deposit, pursuant
to sections 35-146 and 35-147, all monies collected under this section in the water
quality fee fund established by section 49-210 and may authorize expenditures from the
fund to pay the reasonable and necessary costs of administering the registration program.
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