68-203-103 - Fees. - Tennessee Statutes

68-203-103. Fees.

(a)  (1)  In order to facilitate the proper administration of each statute listed in § 68-203-101(b), the department of environment and conservation shall charge fees for the various services and functions it performs under each of those statutes, including, but not limited to, permit processing fees, permit maintenance fees, license fees, registration fees, plans review fees, facility inspection fees and emission fees.

     (2)  The level of these fees shall be determined after careful consideration of the direct and indirect costs incurred by the department in performing its various functions and services under each of the statutes listed in § 68-203-101(b).

     (3)  It is the intention of the general assembly that the fees shall provide funding for additional staff of the environmental regulatory programs and an improvement of the salaries and benefits of the existing staff of the environmental regulatory programs, to continue to improve performance in carrying out its duties. Prior to promulgating any fee increase, the authorities listed in subsection (b) shall review the basis for the fee increase and make a determination that the fee increase is warranted. The factors in the determinations shall include, if relevant: staffing needs, ability to attract and retain quality staff, feasible cost containment measures, comparisons with salaries paid by other governments and the private sector, levels of federal grants and state appropriations, and the ability of the program to maintain or improve its performance in carrying out its duties.

(b)  The fees shall be adopted by regulations by the following authorities:

     (1)  The fees under the Tennessee Safe Drinking Water Act of 1983 and the Water Quality Control Act of 1977 shall be set by the water quality board;

     (2)  The fees under the Tennessee Air Quality Act shall be set by the air pollution control board;

     (3)  The fees under the Tennessee Solid Waste Disposal Act and the Tennessee Hazardous Waste Management Act shall be set by the solid waste disposal control board;

     (4)  The fees under the Water Environmental Health Act shall be set by the board of certification created by § 68-221-905; and

     (5)  The fees under chapter 221, part 4 of this title, relative to subsurface sewage disposal; the Wastewater Facilities Act of 1987; the Radiological Health Service Act; the Medical Radiation Inspection Safety Act; title 69, chapter 11, relative to water wells; and the Safe Dams Act of 1973, shall be set by the commissioner of environment and conservation.

(c)  All fees in existence prior to January 1, 1992, under the statutes identified in § 68-203-101(b), shall be continued and shall be calculated and maintained with any such additional fees authorized herein; provided, that such existing fees may be used in any manner consistent with the commissioner's authority, notwithstanding the provisions of this chapter.

(d)  No permit or renewal of a permit shall be issued to an applicant for a permit under the foregoing authorities until all fees required by this chapter are paid in full.

(e)  (1)  If any part of any fee imposed under this chapter is not paid within fifteen (15) days of the due date, a penalty of five percent (5%) of the amount due shall at once accrue and be added thereto. Thereafter, on the first day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional penalty of five percent (5%) of the then unpaid balance shall accrue and be added thereto. In addition, the fees not paid within fifteen (15) days after the due date shall bear interest at the maximum lawful rate from the due date to the date paid; however, the total of the penalties and interest that accrue pursuant to this section shall not exceed three (3) times the amount of the original fee.

     (2)  If any maintenance fee is not paid in full, including any interest and penalty within sixty (60) days of the due date, the commissioner may suspend the permit pending the opportunity for hearing until the amount due is paid in full.

     (3)  In addition to other powers and authority provided in this chapter, the commissioner is authorized to seek injunctive relief in the chancery court of Davidson County or any court of competent jurisdiction for a judgment in the amount owed the state under this chapter.

     (4)  (A)  Any person required to pay the fees set forth under this chapter who disagrees with the calculation or applicability of the fee may petition the appropriate entity identified in subsection (b) for a hearing.

          (B)  In order to perfect a hearing, a petition for a hearing, together with the total amount of the fee due, must be received by the commissioner not later than fifteen (15) days after the due date.

          (C)  Such hearing shall be in accordance with contested case provisions set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

          (D)  If it is finally determined that the amount in dispute was improperly assessed, the commissioner shall return the amount determined to be improperly assessed with interest.

(f)  No permit maintenance fees shall be levied under the subsurface sewage disposal law on homeowners or other persons who have subsurface sewage disposal systems on their property.

(g)  (1)  Under each program for which a permit processing fee is established pursuant to this chapter, the promulgating authority shall also establish by regulation a schedule for timely action by the department on permit applications under that program.

     (2)  Such schedules shall set forth the maximum length of time which is necessary and appropriate for a thorough and prompt review of each category of permit applications, and shall take into account the nature and complexity of permit application review required by the statute under which the permit is sought.

     (3)  Should the department fail to grant or deny the permit within the time frame established by regulation, the department shall refund the permit processing fee to the permit applicant.

     (4)  Each promulgating authority shall at least quarterly be provided an update of information on the timeliness of permit processing. In the event the commissioner is the promulgating authority, such information shall be published in the Tennessee Administrative Register at least quarterly.

(h)  For the following categories, the fees shall not exceed the following maximum amounts; however, the promulgating authorities are encouraged to use graduated fees to reflect the volume of waste, population served, or other factors determined necessary to fairly apportion the fees:

     (1)  Filing/processing fee for state water quality permit: five thousand dollars ($5,000);

     (2)  Annual maintenance fee for NPDES permit or state water quality permit: fifteen thousand dollars ($15,000);

     (3)  Inspection fee for a major public water or wastewater treatment system: two thousand five hundred dollars ($2,500);

     (4)  Engineering plans review for water or wastewater systems: one thousand five hundred dollars ($1,500);

     (5)  Filing/processing fee for construction permit for a new air emission source or the increased emissions to a source: seven thousand five hundred dollars ($7,500);

     (6)  Filing/processing fee for permit modification for an air emission source: seven hundred fifty dollars ($750);

     (7)  Air contaminant emissions fee: eighteen dollars and seventy-five cents ($18.75) per ton per year, based on the air contaminant sources allowable emissions level; provided, that emissions subject to this fee are capped at four thousand (4,000) tons per pollutant, such as TSP, VOC, SO2, NOx, and other pollutants, excluding CO, per facility;

     (8)  Filing/processing fee for solid waste processing facility: two thousand five hundred dollars ($2,500);

     (9)  Filing/processing fee for solid waste landfill permit: ten thousand dollars ($10,000);

     (10)  Annual maintenance fee for a solid waste processing facility: five thousand dollars ($5,000);

     (11)  Annual maintenance fee for a solid waste landfill: fifteen thousand dollars ($15,000);

     (12)  Filing/processing fee for a commercial hazardous waste storage or treatment facility: thirty-seven thousand five hundred dollars ($37,500);

     (13)  Filing/processing fee for a commercial hazardous waste disposal facility or landfill site: seventy-five thousand dollars ($75,000);

     (14)  Annual maintenance fee for a commercial hazardous waste storage or treatment facility: thirty-seven thousand five hundred dollars ($37,500);

     (15)  Annual maintenance fee for a commercial hazardous waste disposal facility or landfill site: seventy-five thousand dollars ($75,000);

     (16)  Filing/processing fee for an on-site hazardous waste storage or treatment facility: fifteen thousand dollars ($15,000);

     (17)  Filing/processing fee for an on-site hazardous waste disposal facility or landfill site: thirty thousand dollars ($30,000);

     (18)  Annual maintenance fee for an on-site hazardous waste storage or treatment facility: eighteen thousand seven hundred fifty dollars ($18,750);

     (19)  Annual maintenance fee for an on-site hazardous waste disposal facility or landfill site: twenty-two thousand five hundred dollars ($22,500);

     (20)  (A)  Class I.  Dental radiation machines: all diagnostic equipment used exclusively for dental diagnostic procedures: ninety-eight dollars ($98);

          (B)  Class II.  Priority two medical radiation machines: all diagnostic equipment, not in Class III, used exclusively for medical and veterinary diagnostic procedures: two hundred twenty-five dollars ($225);

          (C)  Class III.  Priority one medical radiation machines: all diagnostic X-ray equipment used in radiologists' offices, orthopedic surgeons' offices or hospitals exclusively for medical diagnostic procedures: three hundred dollars ($300); and

          (D)  Class IV.  Therapy medical radiation machines: all X-ray equipment with energies less than nine tenths megaelectron volts (0.9 MeV) used for the purpose of medical and veterinary radiation therapy: four hundred fifty dollars ($450);

     (21)  Well driller annual license fee: two hundred fifty dollars ($250);

     (22)  Well pump and treatment device installer annual license fees: one hundred fifty dollars ($150);

     (23)  Safe dams plans review fee: five thousand dollars ($5,000);

     (24)  Safe dams safety inspection fee: one thousand dollars ($1,000);

     (25)  Permit application fee for oil or gas well: one thousand two hundred dollars ($1,200); and

     (26)  Mineral test hole permit application fee: one hundred dollars ($100).

[Acts 1991, ch. 417, § 3; T.C.A., § 68-1-1303; Acts 2007, ch. 362, §§ 15, 16, 44; 2009, ch. 531, § 2.]