The KPDES application filing fee, established by law in KRS 224.70-120, previously required the applicant to submit 20% of the individual permit fee with the application. The fees are identified in 401 KAR 5:310 Section 1 as:
Major Industry – $7,000
Minor Industry – $4,500
Non-Process Industry – $2,200
Large Non-POTW – $3,700
Intermediate Non-POTW – $3,200
Small Non-POTW – $2,200
Agriculture – $1,200
Surface Mining Operation – $3,300
Previously, this meant that for a minor industry, $900, or 20% of $4,500, would be due with the application. The remaining $3,600, or 80% of the permit fee, would be due before the final permit could be issued.
However, on March 27, 2017, Governor Bevin signed Senate Bill 249 into law. The bill removed reference to an application filing fee in KRS 224.70-120 and replaced it with language stating that applicants “shall be subject to a permit fee by the Cabinet”. This change means that 100% of the permit fee must be submitted at the time the application is filed and, without it, the application will not be considered complete.
No changes will be made to the amount of the permit fees, but beginning on June 28, 2017 when the new law goes into effect, the entire fee will be due with the application. The Cabinet, consistent with regulations adopted in 401 KAR 5:310 Section 8(3), still reserves the right to retain the entire application fee under the following circumstances:
The Cabinet denies the issuance, reissuance, or modification of the permit;
The application is not complete and the applicant fails to respond within 30 days to a notice of deficiency issued by the Cabinet; or
The applicant withdraws the application.
William Shane is an Environmental Engineer at Smith Management Group. William can be reached at email@example.com.