CHAPTER 20. NPDES PERMIT FEES
IC 13-18-20
Chapter 20. NPDES Permit Fees
IC 13-18-20-1
Assessment
Sec. 1. Notwithstanding NPDES fees established under
IC 13-16-1, the annual fees contained in this chapter shall be
assessed to each facility that has a NPDES permit.
As added by P.L.1-1996, SEC.8.
IC 13-18-20-2
Industrial permits
Sec. 2. For industrial permits, other than coal mine permits or
stone quarry permits, the annual base fee per facility is:
(1) one thousand dollars ($1,000) for a major permit; and
(2) four hundred dollars ($400) for a minor permit;
plus the following annual discharge flow fee per facility:
Daily Average Actual
Flow in MGD
Fee
.001 - .05
$240
.051 - .1
$360
.101 - .2
$840
.201 - .3
$1,200
.301 - .5
$1,680
.501 - 1.0
$2,060
1.001 - 2.0
$3,600
2.001 - 5.0
$5,400
5.001 - 10.0
$8,400
10.001 - 15.0
$12,000
15.001 - 30.0
$16,800
30.001 - 50.0
$22,800
50.001 - 100.0
$28,800
>100.0 $34,800
Annual flow fees are reduced by twenty percent (20%) for discharges
that are comprised of greater than ninety percent (90%) of
non-contact cooling water.
As added by P.L.1-1996, SEC.8.
IC 13-18-20-3
Annual fees instead of individual permit fees
Sec. 3. Each facility for which a coal mine operator files a notice
of intent under the general coal mine permit rules adopted under
IC 13-18-18 shall pay an annual fee of five hundred dollars ($500)
instead of the following individual permit fees. The annual fee must
accompany the initial notice of intent and is due each year on the
anniversary date of the date when the initial notice of intent was
filed.
Outfalls Fee
1 Outfall $500
2-3 Outfalls $750
4-6 Outfalls $1,000
7-10 Outfalls $1,500
11-20 Outfalls $2,500
21-99 Outfalls $3,500
As added by P.L.1-1996, SEC.8.
IC 13-18-20-4
Stone quarry permits
Sec. 4. For stone quarry permits, the annual fee is as follows:
Outfalls Fee
1 Outfall $750
2 Outfalls $1,500
3 Outfalls $2,000
4 Outfalls $2,500
As added by P.L.1-1996, SEC.8.
IC 13-18-20-5
Municipal permits
Sec. 5. For municipal permits, the annual base fee per facility is:
(1) one thousand five hundred dollars ($1,500) for a major
permit; and
(2) four hundred dollars ($400) for a minor permit;
plus the following annual discharge flow fee per facility:
Daily Average Actual
Flow in MGD Fee
.001 - .05 $300
.051 - .1 $600
.101 - .2 $2,000
.201 - .3 $4,000
.301 - .5 $5,000
.501 - 1.0 $6,000
1.001 - 2.0 $7,000
2.001 - 5.0 $8,000
5.001 - 10.0 $10,000
10.001 - 15.0 $13,000
15.001 - 30.0 $15,000
30.001 - 50.0 $20,000
50.001 - 100.0 $22,000
As added by P.L.1-1996, SEC.8.
IC 13-18-20-6
State permits
Sec. 6. For state permits, the annual base fee per facility is:
(1) one thousand dollars ($1,000) for a major permit; and
(2) four hundred dollars ($400) for a minor permit;
plus the following annual discharge flow fee per facility:
Daily Average Actual
Flow in MGD
Fee
.001 -
.05 $240
.051 -
.1 $360
.101 -
.2 $840
.201 -
.3 $1,200
.301 -
.5 $1,680
.501 -
1.0 $2,060
1.001 -
2.0 $3,600
2.001 -
5.0 $5,400
5.001 -
10.0 $8,400
10.001 -
15.0 $12,000
15.001 -
30.0 $16,800
30.001 -
50.0 $22,800
50.001 -
100.0 $28,800
>
100.0
$34,800
As added by P.L.1-1996, SEC.8.
IC 13-18-20-7
Federal permits
Sec. 7. For federal permits, the annual base fee per facility is:
(1) one thousand dollars ($1,000) for a major permit; and
(2) four hundred dollars ($400) for a minor permit;
plus the following annual discharge flow fee per facility:
Daily Average Actual
Flow in MGD
Fee
.001 -
.05 $240
.051 -
.1 $360
.101 -
.2 $840
.201 -
.3 $1,200
.301 -
.5 $1,680
.501 -
1.0 $2,060
1.001 -
2.0 $3,600
2.001 -
5.0 $5,400
5.001 -
10.0 $8,400
10.001 -
15.0 $12,000
15.001 -
30.0 $16,800
30.001 -
50.0 $22,800
50.001 -
100.0 $28,800
> 100.0
$34,800
As added by P.L.1-1996, SEC.8.
IC 13-18-20-8
Semipublic permits
Sec. 8. For semipublic permits, the annual base fee per facility is:
(1) seven hundred fifty dollars ($750) for a major permit; and
(2) two hundred dollars ($200) for a minor permit;
plus the following annual discharge flow fee per facility:
Daily Average Design
Flow in MGD
Fee
.001 -
.05 $150
.051 -
.1 $300
.101 -
.2 $1,000
.201 -
.3 $2,000
.301 -
.5 $2,500
.501 -
1.0 $3,000
1.001 -
2.0 $3,500
2.001 -
5.0 $4,000
5.001 -
10.0 $5,000
10.001 -
15.0 $6,500
15.001 -
30.0 $7,500
30.001 -
50.0 $10,000
50.001 -
100.0 $11,000
As added by P.L.1-1996, SEC.8.
IC 13-18-20-9
Public water system permits
Sec. 9. For public water system permits, the annual base fee per
facility is:
(1) one thousand dollars ($1,000) for a major permit; and
(2) four hundred dollars ($400) for a minor permit;
plus the following annual discharge flow fee per facility based on
projected daily average flow in MGD as set forth in a facility
NPDES permit:
Projected Daily Average
Flow in MGD
Fee
.001 -
.05
$240
.051 -
.1
$360
.101 -
.2
$840
.201 -
.3
$1,200
.301 -
.5
$1,680
.501 -
1.0
$2,060
1.001 -
2.0
$3,600
2.001 -
5.0
$5,400
5.001 -
10.0
$8,400
10.001 -
15.0
$12,000
15.001 -
30.0
$16,800
30.001 -
50.0
$22,800
50.001 -
100.0
$28,800
> 100.0
$34,800
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.24.
IC 13-18-20-10
Storm water permits
Sec. 10. (a) For storm water permits for construction activity, a
fee of one hundred dollars ($100) shall be submitted with a notice of
intent (NOI).
(b) For storm water permits for industrial activity, the annual fee
is one hundred dollars ($100).
As added by P.L.1-1996, SEC.8.
IC 13-18-20-11
Industrial waste pretreatment permit
Sec. 11. For an industrial waste pretreatment permit, the annual
fee is three hundred fifty dollars ($350).
As added by P.L.1-1996, SEC.8.
IC 13-18-20-11.5
Concentrated animal feeding operations
Sec. 11.5. (a) In addition to the fee under section 12 of this
chapter, when a person files a notice of intent with the department
concerning:
(1) an initial; or
(2) the renewal of a;
general NPDES permit for a CAFO, the person must remit a permit
fee of one hundred dollars ($100) to the department.
(b) In addition to the fee under section 12 of this chapter, when a
person files an application with the department concerning:
(1) an initial; or
(2) the renewal of an;
individual NPDES permit for a CAFO, the person must remit a
permit fee of two hundred fifty dollars ($250) to the department.
(c) If a person is subject to a fee for a CAFO under this section,
no other fee under this chapter applies to the CAFO other than the
fee under section 12 of this chapter.
As added by P.L.24-2004, SEC.4.
IC 13-18-20-12
Application fee
Sec. 12. (a) When a person files an application with the
department concerning a NPDES permit, including:
(1) an application for an initial permit;
(2) the renewal of a permit;
(3) the modification of a permit; or
(4) a variance from a permit;
the person must remit an application fee of fifty dollars ($50) to the
department.
(b) If a person does not remit an application fee to the department,
the department shall deny the person's application.
As added by P.L.1-1996, SEC.8.
IC 13-18-20-13
Assessment
Sec. 13. NPDES annual fees begin accruing January 1 of each
year. The department shall assess the fees not later than January 15
of that year.
As added by P.L.1-1996, SEC.8.
IC 13-18-20-14
Delinquency charge
Sec. 14. (a) In addition to the penalties described under:
(1) IC 13-30-4-1;
(2) IC 13-30-4-2; and
(3) IC 13-30-5-1;
if a person does not remit an annual NPDES fee or an installment
established by the department under IC 13-16-2 to the department not
more than sixty (60) days after the date the fee is assessed or not
more than thirty (30) days after the date the installment is due, the
person shall be assessed a delinquency charge equal to ten percent
(10%) of the annual fee or ten percent (10%) of the installment,
whichever is applicable.
(b) A delinquency charge, if applicable, is due and payable sixty
(60) days after the date an annual NPDES fee is assessed or thirty
(30) days after the date the installment is due.
As added by P.L.1-1996, SEC.8. Amended by P.L.130-1996, SEC.2;
P.L.2-1997, SEC.41.
IC 13-18-20-15
Revocation of permit
Sec. 15. If a person does not remit an annual NPDES fee or an
installment established by the department under IC 13-16-2 and any
applicable delinquency charge to the department not more than
ninety (90) days after the date the fee is assessed or not more than
sixty (60) days after the date the installment is due, the department
may revoke the person's NPDES permit. However, before the
department may revoke the permit:
(1) not earlier than sixty (60) days after the date the annual
NPDES fee is assessed or not earlier than thirty (30) days after
the installment is due; and
(2) not later than thirty (30) days before the department revokes
the permit;
the department must deliver a written notice to the person that
describes what fees and delinquency charges are due and indicates
that the department may revoke the person's permit for nonpayment
after thirty (30) days.
As added by P.L.1-1996, SEC.8. Amended by P.L.130-1996, SEC.3;
P.L.2-1997, SEC.42.
IC 13-18-20-16
Deposit of fees
Sec. 16. The fees and delinquency charges established under this
chapter:
(1) are payable to the department; and
(2) shall be deposited in the environmental management permit
operation fund established by IC 13-15-11-1.
As added by P.L.1-1996, SEC.8.