38 §353-B. Annual waste discharge license fees
Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 2: MAINE ENVIRONMENTAL PROTECTION FUND
§353-B. Annual waste discharge license fees
1. Fees assessed. After the effective date of this section, licensees must pay annual waste discharge license fees consisting of a base or minimum fee, an annualized license renewal service fee and amounts from paragraph B reflecting the quantity of pollutants actually discharged or licensed to be discharged and from paragraph C in consideration of the potential for water quality impact.
A. A base fee and an annualized license renewal service fee are assessed for the categories of waste discharge licenses identified in subsection 2, paragraph A. When a license authorizes discharges in more than one category, only the largest base fee and the associated annualized license renewal service fee may be applied to the license. When discharge fees described in paragraph B are not applicable or appropriate for a particular license group or discharge activity, only the base and annualized license renewal service fees are assessed. [2007, c. 558, §2 (AMD).]
B. In addition to the base fee and annualized license renewal service fee amounts, fees are assessed in consideration of the quantity and nature of pollutants discharged. When data are available, average daily discharge quantities are used in computing fees for conventional and nonconventional pollutants discharged from publicly owned sanitary and industrial process wastewater sources. When data are not available and for other pollutants and categories, fees are determined using the discharge limits established in a waste discharge license. [2007, c. 558, §2 (AMD).]
C. In addition to the base, annualized license renewal service and discharge fees described in paragraphs A and B, fees may be assessed for the following.
(1) The base fee may be increased by a factor reflecting the initial dilution of an effluent as discharged to the receiving water. This assessment is applied to nonresidential domestic wastewater and industrial process wastewater sources licensed for more than 50,000 gallons per day and having initial dilutions of less than 1,000 to one, except those sources where the licensed flow is less than 50,000 gallons per day and the initial dilution is greater than 50 to one. The assessment is determined by multiplying the applicable base fee times 1.5 divided by the square root of the chronic dilution factor.
(2) When a license authorizes multiple discharge points from the same location, there is an additional fee of $35 per discharge point. [2007, c. 558, §2 (AMD).]
D. If there are no discharges pursuant to a waste discharge license during an entire year, only the base and annualized license renewal service fees are assessed for that year plus applicable water quality impact and multiple discharge points adjustments from paragraph C may be assessed. [2007, c. 558, §2 (AMD).]
E. If a licensee continues to discharge following expiration of the license, the licensee shall continue to pay any applicable waste discharge license fees provided for in this section. This paragraph does not authorize the discharge and does not affect the applicability of any penalty or enforcement provision. [2007, c. 558, §2 (NEW).]
[ 2007, c. 558, §2 (AMD) .]
2. Maximum fee amounts and rates. Waste discharge license fees are as set out in this section.
A. The base, annualized license renewal service and maximum fees that may be assessed to categories of discharge activities are as follows.
| Discharge Group | Base fee not to exceed | Maximum fee for individual in group | Annualized license renewal service fee | Water quality improvement surcharge | ||
| Publicly owned treatment facilities, 10,000 gallons per day or less | annual fee | $67 | none | $150 | ||
| Publicly owned treatment facilities, more than 10,000 gallons per day to 0.1 million gallons per day | annual fee | $219 | none | $150 | ||
| Publicly owned treatment facilities, more than 0.1 million gallons per day to 1.0 million gallons per day | annual fee | $219 | none | $225 | ||
| Publicly owned treatment facilities, more than 1.0 million gallons per day to 5.0 million gallons per day | annual fee | $219 | none | $450 | ||
| Publicly owned treatment facilities, greater than 5 million gallons per day or with significant industrial waste | annual fee | $770 | none | $650 | ||
| Major industrial facility, process wastewater (based on EPA list of major source discharges) | annual fee | $1,850 | none | $650 | ||
| Other industrial facility, process wastewater | annual fee | $630 | none | $300 | ||
| Food handling or packaging waste-water | annual fee | $315 | $2,100 | $150 | ||
| Fish rearing facility over 0.1 million gallons per day | annual fee | $288 | $1,753 | $300 | ||
| Fish rearing facility 0.1 million gallons per day or less | annual fee | $288 | $400 | none | ||
| Marine aquaculture facility | annual fee* | $288 | --- | none | ||
| Noncontact cooling water | annual fee | $90 | $7,000 | $60 | ||
| Industrial or commercial sources, miscellaneous or incidental non-process wastewater | annual fee | $115 | $2,100 | $150 | ||
| Municipal combined sewer overflow | annual fee | $115 | $1,400 | $150 | ||
| Sanitary wastewater, excluding overboard discharge | annual fee | $60 | $1,200 | $300 | ||
| Sanitary overboard discharge, commercial sources | annual fee | $210 | $1,200 | $75 | ||
| Sanitary overboard discharge, residential sources 600 gallons per day and less | annual fee | $175 | --- | $75 | ||
| Sanitary overboard discharge, residential sources more than 600 gallons per day | annual fee | $200 | $600 | $75 | ||
| Sanitary overboard discharge, public sources | annual fee | $210 | $500 | $75 | ||
| Aquatic pesticide application | annual fee* | $200 | --- | $370 | ||
| Snow dumps | annual fee* | $125 | --- | $150 | ||
| Salt and sand storage pile | annual fee* | $150 | --- | $225 | ||
| Log storage permit | annual fee* | $200 | --- | $150 | ||
| General permit coverage for industrial storm water discharges (except construction) | annual fee* | $300 | --- | |||
| General permit coverage for marine aquaculture facility | annual fee* | $125 | --- | none | ||
| General permit coverage (other) | annual fee* | $100 | --- | $30 | ||
| Experimental discharge license | license fee* | $500 | --- | $225 | ||
| New or amended mixing zone, in addition to other applicable fees | flat fee* | $4,000 | --- | |||
| Formation of sanitary district | flat fee* | $300 | --- | |||
| Transfer of license for residential or commercial sanitary wastewater | flat fee* | $100 | --- |
*Discharge or license quantity fees do not apply to these categories.
When a license authorizes multiple discharge points in different categories in the same license, the total maximum fee for the license may not exceed the maximum fee for the most significant category plus 1/2 of the maximum fee for each of the other applicable categories.
On an annual basis municipalities and publicly owned treatment works whose combined sewer overflows have the potential to impact shellfish harvesting areas as determined by the department by virtue of their locations within estuarine or marine waters of the State must be assessed a surcharge on their wastewater discharge licenses in a total amount of $12,000. This amount must be allocated among the municipalities and publicly owned treatment works according to their prior 3-year average annual flows as reported to the department.
On an annual basis publicly owned treatment works whose outfalls licensed for the discharge of treated effluent cause adjacent shellfish growing areas to be closed for the purposes of harvesting shellfish must be assessed a license surcharge in a total amount of $25,000. This amount must be allocated among the publicly owned treatment works according to the acreage that each licensed outfall closes. This acreage must be determined by the Department of Marine Resources in consultation with the department. [2009, c. 213, Pt. FFFF, §2 (AMD).]
B. The annual rate per unit for various pollutants and groups of discharges used in computing discharge and license quantity fees may not exceed the limits set out in this paragraph. When a license authorizes the discharge of pollutants fitting more than one category, the appropriate fee is due for each group and type of pollutant.
| License group or type of pollutant | Rate | |
| Conventional pollutants, license rate | $1.25 per pound | |
| Conventional pollutants, discharge rate | $2.40 per pound | |
| Conventional pollutants, primary treatment only | $0.55 per pound | |
| Conventional pollutants, food handling or packing facilities | $0.05 per pound | |
| Nonconventional or toxic pollutants | Variable* | |
| Heat (as licensed flow x temperature x 8.34) | $0.045 per million BTU | |
| Flow: fish rearing facilities | $45 per million gallons | |
| Flow: combined sewer overflows (based on treatment facility design) | $55 per million gallons | |
| Flow: nonprocess from industrial or commercial sources | $175 per million gallons | |
| Flow: publicly owned treatment facilities, greater than 10,000 gallons per day | $630 per million gallons | |
| Flow: process from industrial or commercial sources | $630 per million gallons | |
| Flow: treated storm water | $17.50 per million gallons | |
| Flow: sanitary, from commercial sources excluding overboard discharge | $0.02 per gallon | |
| Flow: from publicly owned facilities, 10,000 gallons per day or less | $0.02 per gallon | |
| Flow: sanitary from overboard discharge | $0.05 per gallon |
*The license rate per pound is $10.50 divided by the licensed effluent concentration in milligrams per liter. The discharge rate per pound is $21 divided by the licensed effluent concentration in milligrams per liter.
For the purposes of this section, the term "conventional pollutant" means oxygen-demanding compounds, suspended or dissolved solids, oil and grease. The term "nonconventional pollutants" means other chemical constituents subject to fees. Excluded from fees are the following: pH, residual chlorine, settleable solids, bacteria, whole effluent toxicity tests, color, any compound without numeric license limitations and effluent concentrations reported as being below acceptable detection limits.
Annual discharge or license quantity fees may be calculated using either pounds of pollutants or allowable flow, as is most appropriate for the circumstances of a particular discharge category, situation or location. License limits may be supplemented by applications and related supporting materials when necessary to calculate effluent quantities or concentrations. [2007, c. 558, §3 (AMD).]
[ 2009, c. 213, Pt. FFFF, §2 (AMD) .]
3. Schedule. The fee for existing licenses must be paid on the anniversary date of the license or another date initially established by the department. This date, once established, remains the scheduled date for paying the annual fee, regardless of future changes of the anniversary date. The annual fee for new applications must be estimated and paid at the time of filing the application. When the processing of the application is complete or following the first year of discharge, if applicable, the final annual fee is determined. Any additional amount due or refund of overpayment must be paid within 30 days of determination of the final fee. If the application is denied, 50% of the initial annual fee must be refunded.
[ 1997, c. 794, Pt. B, §7 (NEW) .]
4. Renewals, amendments and modifications. Except for transfers of licenses for discharges of sanitary wastewater from commercial or residential sources as provided for in subsection 2, there are no additional fees assessed for license renewals, amendments or modifications.
[ 1997, c. 794, Pt. B, §7 (NEW) .]
5. Nonpayment of fees. Failure to pay an annual fee within 30 days of the anniversary date of a license is sufficient grounds for revocation of the license, permit or privilege under section 341-D, subsection 3.
[ 1997, c. 794, Pt. B, §7 (NEW) .]
6. Initial year fee rates.
[ 2007, c. 558, §4 (RP) .]
7. Revenues derived from surcharge. Revenues derived from a water quality improvement surcharge must be paid to the Treasurer of State, who shall credit those revenues to the Water Quality Improvement Fund established under section 424-B.
[ 2009, c. 213, Pt. FFFF, §3 (NEW) .]
SECTION HISTORY
1997, c. 794, §B7 (NEW). 2001, c. 230, §1 (AMD). 2003, c. 246, §1 (AMD). 2005, c. 602, §1 (AMD). RR 2007, c. 2, §28 (AFF). 2007, c. 558, §§2-4 (AMD). 2009, c. 213, Pt. FFFF, §§2, 3 (AMD).