(a) Any person who applies for a permit for the construction, operation, and/or post closure care of a hazardous waste management facility or unit shall submit as part of said application a money order or cashier's check payable to the Division to cover permit fees in accordance with the following schedule(s):

(b) Each hazardous waste management facility or unit in which hazardous wastes are treated, stored or disposed will be assessed an additional fee (unless said fees are specifically excluded in subsections (c) and (d) below) for the type of waste management activity(ies) being conducted, in accordance with the schedule listed below. Fees addressed by this section shall be assessed and collected with the base permit application fee (except for the provisions of (g) below), the permit renewal fee, and annual permit maintenance fee and are based on the permitted maximum design capacities (including accumulated solids, where applicable), unless specified otherwise:

(c) The provisions of subsection (b) do not apply to impoundments, tanks or other storage devices which are an integral part of wastewater treatment systems required to have a NPDES discharge permit.

(d) Underground Injection Control (UIC) facilities which are subject to permitting for corrective action under 40 CFR 264.101 and 40 CFR 270.60, but not otherwise subject to permitting as a hazardous waste management facility, shall submit a money order or cashier's check payable to the Division as set forth below:

(e) Permit modification applications, other than Class 1 modifications as defined at § 270.42, must be accompanied by a money order or cashier's check payable to the Division. If payment is not received with the permit modification application, the Division will send an invoice for payment due within 5 business days. Payment of invoices may be made through DEQ's online payment system (www.adeq.state.ar.us/fiscal). The fee shall be 50% of the base permit application fee as set forth in subsection (a). If additional waste management activities are applied for or operating capacities increased, an additional waste management fee shall be calculated from subsection (b) and added to the modification fee total.

(f) [Reserved]

(g) For any facility whose permit application is processed for an intent to deny the permit, but the facility submits a revised application in response to this notice of intent to deny, the facility shall be assessed 100% of the amount of the base application fee, and any applicable waste management activity fees before further review of the application is continued.

(h) The maximum annual amount of fees (exclusive of the unsolicited application amendment fee addressed at paragraph (a) above, and fees as addressed at paragraph (g) above, and (s) below) collected for any hazardous waste management facility permit pursuant to provisions of subsections (a), (b), (d), and (e) shall not exceed $80,000 for noncommercial facilities or $100,000 for commercial facilities, provided, however, that the Division may require such additional fees to be collected from the owner or operator of a commercial hazardous waste management facility as it deems necessary to compensate it for costs of providing on-site inspectors under subsection (i).

(i) In addition to fees required by subsections (a)-(e) any facility which as a condition of its permit is required to have on-site inspectors shall, prior to the Division's issuance of permit, submit a money order or cashier's check payable to the Division in the amount of one fourth the estimated annual cost to the Division of maintaining such inspectors and shall submit quarterly thereafter a money order or cashier's check payable to the Division in the amount of one fourth the aforesaid estimated annual costs. The Division may enter into contractual agreement with qualified engineering and testing firms to conduct inspections as described above.

(j) [Reserved]

(k) Any person who applies to the Division for certification as an operator of a commercial hazardous waste management facility shall submit as part of that application a money order or cashier's check of $100 payable to the Division for initial application and $25 annually thereafter for renewal of the certification. Nonpayment of the renewal fee within thirty (30) days of the anniversary date of issuance will cause automatic termination of the certification.

(l) Any person who submits a closure plan (partial or final) shall submit as part of said plan a money order or cashier check payable to the Division to cover closure plan fees as set forth below. The fees associated with this subsection are not applicable to closure plans submitted with a permit application (Part B permit application) for an operational permit at the time of permit application. They are applicable to closure of hazardous waste management units which operated without a permit (whether authorized or not) which are being closed under enforcement order or otherwise.

(m) The maximum initial closure plan fee collected pursuant to subsection (j) shall not exceed $15,000 for noncommercial facilities or $20,000 for commercial facilities. A modification fee is not applicable if an amendment to the closure plan is made necessary due to changes in rules which become effective subsequent to submissions of the closure plan for approval.

(n) All treatment, storage, and disposal facilities (TSDF) shall be charged an annual monitoring/inspection fee as set forth below:

Each TSDF shall submit a money order or cashier's check payable to the Division by January 1 of each calendar year beginning January 1, 1990, and annually thereafter.

(o) [Reserved]

(p) All large quantity generators shall be charged an annual monitoring/inspection fee of $500. Each generator shall submit a money order or cashier's check payable to the Division by January 1 of each calendar year.

(q) All small quantity generators shall be charged an annual monitoring/inspection fee of $150. Each small quantity generator shall submit a money order or cashier's check payable to the Division by January 1 of each calendar year.

(r) All transporter transfer facilities shall be charged an annual monitoring/inspection fee of $50. Each transfer facility shall submit a money order or cashier's check payable to the Division by January 1 of each calendar year.

(s) The fees associated with subsections (p), (q) and (r) shall be in addition to any fees specified elsewhere in this section. Monitoring and inspection fees are billed by the Division according to the latest Notification of Regulated Waste Activity on file at the Division.

(t) Corrective Action Document (and other Technical Document or Proposal) Review (CADR) Fees. Staff review for all corrective action and/or technical documents and proposals, whether pursuant to an enforcement order, pursuant to seeking a permit, or based upon a request from a facility, firm or individual, will be charged at an initial rate of $60.001 per staff hour for review time, but not exceeding $15,000 per year for each solid waste management unit or group of solid waste management units in which the group of units will clearly be remediated as a single corrective action management unit. This is intended to include all work associated with corrective measures investigation, study, and implementation; and all proposal and technical documents reviewed by the Division.

(u) Whenever the Division incurs an expense as a result of investigating any violation of this Rule or as a result of responding to and monitoring the effects of, spills of hazardous waste, including upset conditions within a hazardous waste management facility or other location which generates or handles hazardous waste, the Director may require the person responsible for such violation, spill or upset condition to submit a money order or cashier's check to the Division associated with the Division's response, investigations and monitoring activities. The charges associated with this subsection (u) shall be in addition to any fees specified elsewhere in this section.

(v) [Reserved]

(w) Fees collected under this Section shall not be refunded should a permit application or certification be disapproved pursuant to the provisions of this Rule or voluntarily withdrawn by the applicant. Nothing in this subsection shall prohibit the Division from crediting unused portions of fees from permitted facilities toward future fees.

(x) All fees pursuant to this Section are due and payable in accordance with each subsection. A late fee of ten (10) percent of the total fee shall be charged for any fees unpaid after forty five (45) days from the billing date. No permit will be issued when indebtedness exists as a result of nonpayment of any of the above fees. Continued refusal to pay the required fees after a reasonable notice shall constitute a violation of this Rule and shall be grounds for legal action by the Division, which may include permit revocation.

(y) A financial assessment of the fee system shall be presented to the Commission annually by the Director.

(z) Fees and costs associated with the public participation proceedings regarding permit applications, permit decisions, or undertaking remedial or corrective action measures shall be borne by the permit applicant or facility S [FN1] responsible party(ies). Such costs shall include, but are not limited to, charges for third parties such as publication fees, rental charges for hearing halls, professional charges for recording and transcription, and similar expenses associated with the public participation proceedings.

(aa) Fees on the Generation of Hazardous Waste