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SENATE BILL 98­010

BY SENATOR Ament;

also REPRESENTATIVE George.

CONCERNING WATER QUALITY CONTROL PERMIT FEES, AND, IN CONNECTION THEREWITH, INCREASING FEES FOR POINT SOURCE DISCHARGES, STORM WATER DISCHARGES, AND INDUSTRIAL PRETREATMENT AND MAKING AN APPROPRIATION.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  The introductory portion to 25­8­502 (1) (b) (I), 25­8­502 (1) (b) (I) (G), the introductory portion to 25­8­502 (1) (b.5) (I), and 25­8­502 (1) (c), Colorado Revised Statutes, are amended, and the said 25­8­502 (1) (b) (I) is further amended BY THE ADDITION OF THE FOLLOWING NEW SUB­SUBPARAGRAPHS, to read:

25­8­502.  Application ­ definitions ­ fees ­ water quality control fund ­ public participation. (1) (b) (I)  In addition to the fees assessed pursuant to paragraph (b.5) of this subsection (1), the only fee the division may assess is an annual fee upon a discharger, and such fee shall be in accordance with the following schedule; EXCEPT THAT, FOR PERMIT FEES DUE AND PAYABLE AFTER JUNE 30, 1998, AND BEFORE JULY 1, 2000, THE FEES SET FORTH IN THE FOLLOWING SCHEDULE SHALL BE INCREASED BY FIVE AND EIGHT­TENTHS PERCENT, ROUNDED TO THE NEAREST DOLLAR:

Facility Categories and Subcategories

for Permit Fees Annual Fees

(G)  Category 07 General permits

Subcategory 1A Sand and gravel with process

discharge and storm water $ 125

Subcategory 1B Sand and gravel without process

discharge ­ storm water only $ 50

Subcategory 2 Construction dewatering $ 232

Subcategory 3 Hydrostatic pipeline testing (not

issued yet) [RESERVED FOR

FUTURE USE] $ 232

Subcategory 4 Placer mining $ 240

Subcategory 5 Coal mining $ 360

Subcategory 6 Water treatment plants ­

intermittent discharge $ 220

Subcategory 7 Water treatment plants ­ routine

discharge $ 330

Subcategory 8 Oil and gas cleanup $ 850

Subcategory 9 Construction ­ storm water

only $ 175

Subcategory 10 Industrial ­ single municipal

industrial ­ storm water only $ 150

Subcategory 11 Multiple municipal industrial

facilities ­ storm water only

(single permit which covers all

ancillary facilities owned by a

municipality, including, but not

limited to, transportation

maintenance facilities and

landfills) $ 325

Subcategory 12 Active mineral mines less than ten

acres ­ storm water only $ 100

Subcategory 13 Active mineral mines ­ ten acres or

larger ­ storm water only $ 300

Subcategory 14 Inactive mineral mines ­ storm

water only $ 50

Subcategory 15 Department of transportation ­

municipal storm water ­ statewide

permit $ 3,500

Subcategory 16 Department of transportation ­

construction storm water ­

statewide permit $ 7,550

(R)  Category 25 Permit Amendments SHOULD A PERMITTEE HOLDING AN INDIVIDUAL PERMIT ISSUED UNDER ANY OF CATEGORIES 1 TO 6 OR 8 TO 24 REQUEST AN AMENDMENT TO SAID PERMIT, THE FOLLOWING FEES SHALL APPLY:

SUBCATEGORY 1 MINOR AMENDMENT ­ AN

AMOUNT EQUAL TO TWENTY­FIVE

PERCENT OF THE ANNUAL FEE

FOR THE PERMIT BEING AMENDED,

NOT TO EXCEED $ 1,300

SUBCATEGORY 2 MAJOR AMENDMENT ­ AN AMOUNT

EQUAL TO FIFTY­FIVE PERCENT

OF THE ANNUAL FEE FOR THE PERMIT

BEING AMENDED, NOT TO EXCEED $ 2,750

(S)  Category 26 Minimal discharge of industrial or commercial wastewaters ­ general permit

SUBCATEGORY 1 DISCHARGE OF NINETY DAYS'

DURATION OR LESS $ 100

SUBCATEGORY 2 DISCHARGE OF GREATER THAN

NINETY DAYS' DURATION $ 290

(b.5) (I)  In accordance with the provisions of section 25­8­508, the division may assess an annual fee upon each industrial discharger, as defined in section 25­8­103 (8.5), and upon each publicly owned treatment works, and all such fees shall be in accordance with the following schedule; EXCEPT THAT, FOR PERMIT FEES DUE AND PAYABLE AFTER JUNE 30, 1998, AND BEFORE JULY 1, 2000, THE FEES SET FORTH IN THE FOLLOWING SCHEDULE SHALL BE INCREASED BY FIVE AND EIGHT­TENTHS PERCENT, ROUNDED TO THE NEAREST DOLLAR:

(c)  All fees collected pursuant to paragraph (b) of this subsection (1) shall be transmitted to the state treasurer, who shall credit the same to the water quality control fund, which fund is hereby created. The moneys in such fund which are collected pursuant to paragraph (b) of this subsection (1) shall be appropriated annually to the department of public health and environment by the general assembly which shall review expenditures of such moneys to assure that they are used only to fund the expenses of the discharge permit system. It is the intent of the general assembly that a portion of the expenses of the discharge permit system be funded from the general fund, reflecting the benefit derived by the general public. For the four fiscal years following fiscal year 1988­89, the portion of the expenses to be funded from the general fund may be adjusted for inflation.

SECTION 2.  Appropriation ­ adjustments to the 1998 long bill. (1) For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows:

(a)  The appropriation made to the department of public health and environment, water quality control division, administration, out of moneys in the water quality control fund not otherwise appropriated, is increased by eighty­seven thousand one hundred thirty dollars ($87,130). Of said sum, fifty­four thousand two hundred twenty­six dollars ($54,226) and 1.0 FTE shall be for personal services, and thirty­two thousand nine hundred four dollars ($32,904) shall be for operating expenses.

(b)  The appropriation made to the department of public health and environment, water quality control division, special purpose, industrial pretreatment program, out of moneys in the water quality control fund not otherwise appropriated, is increased by eight thousand six hundred thirty­nine dollars ($8,639).

(c)  The appropriation made to the department of public health and environment, water quality control division, special purpose, stormwater permitting program, out of moneys in the water quality control fund not otherwise appropriated, is increased by one thousand seventy­three dollars ($1,073).

SECTION 3.  Effective date ­ applicability. This act shall take effect July 1, 1998, and shall apply to permit fees due and payable on or after said date.

SECTION 4.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.

____________________________ ____________________________

Tom Norton Charles E. Berry

PRESIDENT OF SPEAKER OF THE HOUSE

THE SENATE OF REPRESENTATIVES

____________________________ ____________________________

Patricia K. Dicks Judith M. Rodrigue

ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE

THE SENATE OF REPRESENTATIVES

APPROVED________________________________________

_________________________________________

Roy Romer

GOVERNOR OF THE STATE OF COLORADO