Bill Text: DE HB249 | 2023-2024 | 152nd General Assembly | Draft


Bill Title: An Act To Amend Title 7 Of The Delaware Code Relating To The Department Of Natural Resources And Environmental Control.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-06-28 - Introduced and Assigned to Natural Resources & Energy Committee in House [HB249 Detail]

Download: Delaware-2023-HB249-Draft.html

SPONSOR:

Rep. Carson & Sen. Paradee

HOUSE OF REPRESENTATIVES

152nd GENERAL ASSEMBLY

HOUSE BILL NO. 249

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL.

WHEREAS, the Department of Natural Resources and Environmental Control is largely self-funded. In Fiscal Year 2023, the Department of Natural Resources and Environmental Control paid for seventy-nine (79%) of its own costs, receiving only twenty-one percent (21%) of its funding from the General Fund; and

WHEREAS, certain permits and licensing programs operated by the Department of Natural Resources and Environmental Control were established in or before 1991; and

WHEREAS, the fees for certain permits and licensing programs operated by the Department of Natural Resources and Environmental Control have not been raised since 1991, or thirty-two (32) years ago; and

WHEREAS, the Consumer Price Index (CPI) has far outpaced the increase in fees for certain permits and licensing programs operated by the Department of Natural Resources since 1991, when some, but not all of those fees, were increased in 1991 Delaware Laws Chapter 86 (House Bill 360); and

WHEREAS, in the approximately thirty-two (32) years since the fees for certain permits and licensing programs operated by the Department of Natural Resources and Environmental Control were raised, the Consumer Price Index (CPI) increased one hundred and eighteen percent (118%); and

WHEREAS, the permits and licensing programs operated by the Department of Natural Resources and Environmental Control are generally paid for by Appropriated Special Funds, and from fiscal year 2013 to 2023, these funds rose seven percent (7%), while the Consumer Price Index (CPI) increased twenty-seven percent (27%); and

WHEREAS, the median salary of a person employed by the Department of Natural Resources and Environmental Control rose approximately sixteen percent (16%) and the healthcare costs for those employees rose over fifty-five percent (55%) since 2010; and

WHEREAS, more than half of the salaries of employees of the Department of Natural Resources and Environmental Control are paid through Appropriated Special Funds; and

WHEREAS, the Department of Natural Resources and Environmental Control has been a financial steward for the State of Delaware, and has cut costs through other means as necessary; and

WHEREAS, the Department of Natural Resources and Environmental Control has exhausted all cost-cutting measures and has reached a financial breaking point, which can only be resolved through increases in permit and licensing fees.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each house thereof concurring therein):

Section 1. Amend Chapter 60, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 6026. License fees.

(a) (1) The Secretary may establish fees, subject to approval by the General Assembly, for examining and granting any license to any percolation tester, system designer, site evaluator, system inspector, well water contractor, pump installer contractor, well driver, well driller, pump installer, septic tank system installer, liquid waste hauler and liquid waste treatment plant operator.

(2) Notwithstanding any other provisions of law to the contrary, the General Assembly hereby authorizes and approves the following schedule of license fees to be imposed by the Department effective July 1, 2003 180 days from the [the date of enactment] : Percolation Tester, $40 $100 annual fee; System Designer, $40 $ 100 annual fee; Site Evaluator, $40 $ 100 annual fee; System Inspector, $40 $100 annual fee; Septic Tank System Installer, $40 $100 annual fee; Liquid Waste Hauler; $40 $100 fee. fee; Licensing Examination, $100 annual fee, and Late License Renewal Fee, $50 .

§ 6038. Borrow pits.

(b) Fees may be collected or charged for permits to be issued under this section in an amount determined by the issuing authority, which fee shall not exceed the sum of, $80 $975 per disturbed acre, per year, per project.

Section 2. Amend Chapter 63, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 6305. Regulations.

(a) The Secretary shall, after notice and public hearing, promulgate and revise as appropriate:

(9) Regulations which may provide for a reasonable schedule of fees for payment to the Department by hazardous waste transporters and owners of treatment, storage or disposal Facilities or sites to defray the cost of administering this chapter. Any fees collected under this paragraph shall be appropriated to the Department for purposes of administering this chapter. Such regulations shall not provide for any annual fee under this paragraph in excess of $10,000 or in the case of small business concerns, any annual fee under this paragraph in excess of $500;

§ 6319. Waste-end assessments for persons generating, storing, treating and disposing of hazardous wastes.

(a) The Secretary is hereby authorized to impose and collect waste-end assessments in accordance with this section but in no case shall any person pay an annual assessment amount of less than $50 or more than $40,000 regardless of the number of facilities where hazardous waste is generated, treated, stored or disposed .

(f) For persons engaged in the generation of a hazardous waste, the annual assessment to be paid to the Department for hazardous waste generated after October 1, 1986, shall be calculated as follows:

(1), $21 $84 per ton of hazardous waste generated that was disposed of into or on any land;

(2), $16 $64 per ton of hazardous waste generated that was treated or disposed of, exclusive of land disposal and incineration, at a Facility located off the site from where the hazardous waste was generated;

(3), $4.00 $16 per ton of hazardous waste generated that was incinerated;

(g) For owners or operators of hazardous waste storage, treatment or disposal Facilities regulated under this chapter, the annual assessment that is to be paid to the Department for hazardous waste that is stored, treated or disposed of after October 1, 1986, shall be calculated as follows:

(2) $21 $84 per ton of hazardous waste that was disposed of into or on any land;

(3) $16 $64 per ton of hazardous waste that was stored, treated or disposed of, exclusive of land disposal, at any Facility located off-site from where the hazardous waste was generated;

Section 3. Amend Chapter, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 7418. Tank registration fee.

(a) All owners/operators of underground storage tanks shall pay to the Department an annual per tank registration fee of, $50 $150 on or before February 1 of each calendar year. Registration fees not received by the Department by February 1 shall be subject to a late charge of, $30 $50 . Payment shall be made in accordance with regulations established by the Department.

§ 7425. Certification of underground storage tank contractors.

(e) Certification shall be valid for 2 years. The fee for certification shall be $250 $ 750 for companies and $100 $300 for on-site supervisors. Fees collected are appropriated to the Department to carry out the purposes of the Underground Storage Tank Program.

Section 4. Amend Chapter 74A, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 7413A. Aboveground storage tank registration fee.

(a) Owners and operators must pay to the Department an annual per-tank registration fee. The fee is effective on July 1, 2002, with 6 months of fees due by October 1, 2002, and on or before February 1 of each calendar year thereafter. The fee is based on the schedule below. A registration fee not received by the Department by October 1, 2002, or by February 1 thereafter is subject to a late charge of 10% of the total fee.

Registration Fee Schedule

Tank Size Yearly Fee

12,499 — 39,999 gallons $ 300 , $ 900

40,000 gallons and greater   $ 750 , $ 2,250

§ 7414A. Aboveground storage tank construction permit fee.

(a) The Department shall assess a 1-time construction permit fee based on the schedule below for an aboveground storage tank constructed after the effective date of the regulations promulgated pursuant to § 7407A of this chapter.

Construction Fee Schedule

Tank Size Construction Permit Fee

12,499 — 39,999 gallons   $1,500 , $ 4,500

40,000 gallons and greater   $3,750 , $ 11,250

These fees shall only be changed or amended with the prior approval of the General Assembly.

Section 5. Amend § 7713, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 7713. Fees.

(a) The Department is authorized to charge and collect fees from persons with extremely hazardous substances pursuant to §§7707 and 7709 of this title. Fees shall be a minimum of, $ 500 , $ 900 per year for the first whole unit and, $ 25 , $ 50 per year for each additional unit to a maximum of 300 units, except for stationary sources reporting propane and ammonium nitrate with a potential release greater than or equal to a sufficient quantity in their Risk Management Plan, for which fees shall be a maximum of $500.00 per year for first whole unit; $25.00 per year for each additional unit up to 300 units.

Section 6. Notwithstanding any other provision of law to the contrary, the General Assembly hereby authorizes and approves the following schedule of fees to be imposed by the Department effective 180 days from [the date of enactment] unless otherwise specifically noted:

(a) Division of Waste and Hazardous Substances.

(1) Storage Tanks.

VOC System Construction– Bulk Gasoline, $1,000.00

VOC System Construction – Gasoline Dispensing Facility, $500.00

VOC System Annual Fee – Gasoline Dispensing Facility, $275.00

(2) Waste Facilities.

Solid Waste Facility Fee, $28,000.00 per year

Recycling Facility Fee, $3,000.00 per year

Waste Transporters, $300.00 per year

Composting Facility Fee – 1, $3,000.00 per year

Composting Facility Fee – 2, $6,000.00 per year

Composting Facility Fee – 3, $12,00.00 per year

Scrap Tire Disposal Fee – 1, $1,000.00 per year

Scrap Tire Disposal Fee – 2, $1,400.00 per year

Scrap Tire Transporters, $50.00 per year

Hazardous Waste Facility, $28,000.00 per year

Hazardous Waste Facility – small, $2,000.00 per year

Hazardous Waste Transporters, $300.00 per year

(b) Division of Air Quality.

(1) Permit Application Fees.

Fuel Burning – Consolidated, $800.00 per application.

Crematory, $800.00 per application.

Process Units – Consolidated, $1,000.00 per application.

Emergency Generator, $800.00 per application

VOC Unit – Solvent Degreaser, $500.00 per application

VOC Unit – Storage Tank, $500.00 per application

VOC System – Gasoline Disposal Facility, $500.00 per application

VOC System – Dry Cleaning Facility, $1,000.00 per application

Water Tank Lead Paint Removal, $725.00 per application.

Amendments to Permits, $800.00 per application.

Registration and Registration Amendment, $100.00 per application.

(2) Annual Fees.

Fuel Burning – Consolidated, $300.00 per year.

Crematory, $300.00 per year.

Process Units – Consolidated, $400.00 per year.

Process Units – Emergency Generator, $400.00 per year

VOC Unit – Solvent Degreaser, $275.00 per year.

VOC Unit – Storage Tank, $275.00 per year.

VOC System – Gasoline Disposal Facility, $275.00 per year.

VOC System – Delivery Vessel, $100.00 per year.

VOC System – Dry Cleaning Facility, $600.00 per year

(3) Complexity Fees.

Minor New Source Review Applicability, $6,000.00 per application.

Emission Offset Provisions, $24,000.00 per application.

Prevention of Significant Deterioration, $24,000.00 per application.

Maximum Achievable Control Technology, $6,000.00 per application.

National Emission Standards for Hazardous Air Pollutants, $6,000.00 per application.

New Source Performance Standards, $6,000.00 per application.

Distributed Generator, $6,000.00 per application.

Federally Enforceable Laws, $3,000.00 per application.

Proximity – within 1,500 feet of residence or park, excluding solvent degreasers, gasoline dispensing facility (gas station), dry cleaners, and emergency generators, $3,000.00 per application.

Confidentiality Review, $3,000.00 per application.

(d) Division of Watershed Stewardship.

(1) Sediment & Stormwater Management.

Contractor Training Program, $65 per trainee.

Certified Construction Review Program, $225 per trainee.

Certified Construction Review Recertification, $90 every 5 years.

NPDES Construction General Permit, $195 per year.

(2) Beach Preservation.

Coastal Construction or Mechanical Dune Restoration Permit, $4,500.00 per application.

Letter of Approval, $500.00 per application.

Violation Review, $500.00 per violation.

(e) Coastal Zone Permits

Coastal Zone Permit $3,000 One Time

Simple Status Decision $600 One Time

Complex Status Decision $3,000 One Time

(f) Division of Water.

(1) Division Administration (Permitting Support, Licensing, Compliance, and Enforcement).

Drilling Contractor licensing $250 per application.

Pump Installation Contractor licensing $250 per application.

Well Driller License $100 per application.

Pump Installer License $100 per application.

Waste Hauling Transporter Permit $1,000 per application.

Wastewater Operators Licenses $100 per application.

Wastewater Operator Emergency License $500 per application.

Wastewater Operator Examination (written and/or oral) fee $100 per application.

Wastewater Operator Late Fee for Renewal of License $50 per application.

Water Supply Late Fee for Renewal of License $50 per application.

(2) National Pollutant Discharge Elimination System (“NPDES”).

NPDES Permit Application Fee, $250.00 every 5 years.

NPDES Amendments, $250 per application

NPDES Major Industrial Fee, $0.25/1,000 gallon discharged, up to $25,000.00 per year.

NPDES Minor Industrial Fee, $0.25/1,000 gallon discharged, up to $25,000.00 per year.

NPDES Major (Public) Municipal Fee, $0.25/1,000 gallon discharged, up to $25,000.00 per year.

NPDES Minor (Private) Municipal Fee, $0.25/1,000 gallon discharged, up to $25,000.00 per year.

Industrial Stormwater – Individual, $2,500.00 per year.

Industrial Stormwater – General, $250.00 per year.

Industrial Stormwater – No Exposure, $250.00 per year.

Wastewater Treatment Facility Construction – Major, $5,000.00 per application.

Wastewater Treatment Facility Construction – Minor, $2,500.00 per application.

Sewer Collection – system application, $2,500.00 per application

Biosolids – Agricultural Utilization (Major), $250.00 per dry ton, up to $25,000.00 per year.*

Biosolids – Agricultural Utilization (Minor), $250 per dry ton, up to $25,000.00 per year.*

Biosolids – Distribution & Marketing (In State), $25 per dry ton, up to $25,000.00 per year.*

Biosolids – Distribution & Marketing (Out of State), $250 per dry ton, up to $25,000.00 per year.

Biosolids – Septage (50,000 gallons per year or more), $1,000.00 per year.

Biosolids – Septage (Under 50,000 gallons per year), $500.00 per year.

Biosolids – Landfill, $0 per application.

Biosolids – Other (Reclamation), $0 per application.

Biosolids – Other (Research), $0 per application.

Bulk Storage – Liquid Animal Waste, $250 one-time fee.

Bulk Storage – Transfer and Pipeline, $5,000.00 per application.

Temporary Discharge Authorization, $250.00 per application.

Use of Aquatic Pesticides, $250.00 per 5-year application.

Confined Animal Feeding Operation (“CAFO”), $0 per 5-year application.

Municipal Separate Storm Sewer Systems – Individual, $250.00 per 5-year application.

Municipal Separate Storm Sewer Systems – General, $250.00 per 5-year application.

*political subdivisions of the state are not exempt from these annual fees.

(3) Large Groundwater Disposal Systems.

Large Septic Drainfields, RIBs, & UIC Permit Application Fee, $250.00 per application.

Large Septic Drainfields, RIBs, & UIC Annual Fee, $0.25 per 1,000 gallons, up to $25,000.

Irrigation Spray Systems Permit Application Fee, $250.00 per application.

Irrigation Spray Systems – Food Processing Annual Fee, $0.25 per 1,000 gallons, up to $25,000.*

Irrigation Spray Systems – Minor Annual Fee, $0.25 per 1,000 gallons, up to $25,000.*

Irrigation Spray Systems – Major Annual Fee, $0.25 per 1,000 gallons, up to $25,000.*

*political subdivisions of the state are not exempt from these annual fees.

(4) Water Use (Large Wells/Withdrawals).

Allocation Permit – Public Systems, $250.00 per permit.

Allocation Annual Fee – Public Systems, $0.25 per 1,000 gallons, up to $25,000.

Allocation Permit – Industrial Systems, $250.00 per permit.

Allocation Annual Fee – Industrial Systems, $0.25 per 1,000 gallons, up to $25,000.

Allocation Permit – Commercial Systems, $250.00 per permit.

Allocation Annual Fee – Commercial Systems, $0.25 per 1,000 gallons, up to $25,000.

Allocation Permit – Agricultural Systems, $250.00 per permit.

Allocation Annual Fee – Agricultural Systems, $0.25 per 1,000 gallons, up to $25,000 – WAIVED per 7 Del. C. § 6010(h)(1).

(5) Underground Discharges (Septics)

Review Private Site Evaluation $250

Component Replacement $250

System Repair $250

Authorization to Connect $250

Class H Inspection Review $250

Subdivision Feasibility Review $1,000

Gravity System Permit $250

Engineered System Permit $250

Sys. Compliance Inspection $100

Holding Tank Inspection $250

Waiver/Variance $1,000

Product Approvals Application Fee $1,000 per application.

Product Approvals Annual Fee $500 per year.

(6) Residential Services (Wells and Borings and Dewatering).

Agricultural – Standard, $250.00 per application.

Agricultural – Within an area with an established Certificate of Public Convenience and Necessity (CPCN), $250.00 per application.

Dewater – Standard, $250.00 per application.

Domestic – Standard, $250.00 per application.

Geothermal Closed Loop, $250.00 per application.

Geothermal Recharge, $250.00 per application.

Geothermal Supply, $250.00 per application.

Industrial – Standard, $250.00 per application.

Irrigation – Standard, $250.00 per application.

Miscellaneous -- Standard, $250.00 per application.

Monitor – Standard, $250.00 per application.

Observation – Standard, $250.00 per application.

Public – Standard, $250.00 per application.

Remediation I-Injection, $250.00 per application.

Remediation R-Recovery, $250.00 per application.

Soil Borings, $250.00 per application.

Waivers/Variances, $1,000.00 per application.

Authorization to Connect to Well $250 per application.

(7) Subaqueous Permit Application Fees.

Structural Dock/Pier $250 per application

Non-Structural (Fill) Application $250 per application

Permit Amendment $250 per application

Letter of Authorization (Statewide Activity Approval) $250 per application

Salvage Exploration $250 per application

New Dredging- less than 500 cubic yds $1.50/cu. yd and $250 per application

New Dredging- 500 cubic yds or more $1.50/cu. yd and $250 per application

Annual Maintenance Dredging less than 500 cubic yds $250 per application, $500 per event

Annual Maintenance Dredging- 500 cubic yds or more $250 per application, $1,000 per event

(8) Subaqueous Lease Application Fees

Structural Dock/Pier $250 per application for 10 year lease

Non-Structural (Fill) Application $250 per application for 10 year lease

Trans. Lines/Pipelines $250 per application for 10 year lease

Salvage Lease $250 per application for 10 year lease

Lease Amendment $250 per application

(9) Subaqueous Lands Lease Annual Fees

Subaqueous Lands Lease: Non-Comm. Dock Fac. 1 slip/ramp $.50 per sq. ft per application

Subaqueous Lands Lease: Comm. Dock Fac. 2-4 slips/ramp per application

--Single Family Residential $.50 per sqft per application

--Non-Residential $3.00 per sqft per application

Subaqueous Lands Lease: Comm.Dock Fac. 5 or more slips/ramp

--Single Family Residential $1.50 per sqft per application

--Non-Residential $3.50 per sqft per application

Subaqueous Lands Lease: Non-Comm Proj. (other than dock fac) $.50 per sqft per application

Subaqueous Lands Lease: Transmission Lines/Pipelines less than 6 inches. dia. $500 min. or 1.50/1nft per application

Subaqueous Lands Lease: Trans. Lines/Pipelines- 6 inches diameter or more $500 min. or 2.00/1n. ft per application

Subaqueous Lands Lease: Industrial Dock* $4.00 per sqft per application

Subaqueous Lands Lease: Filled Lands $1.00 per sqft per application

Subaqueous Lands Lease: Salvage Lease $5,000 per application

* Portions of Industrial Dock in same footprint as existed prior to 1969 are exempt from the annual square footage fee

(10) Marina Fees.

Marinas: Major New (25 slips or more) $5,000 per application

Marinas: Minor New (24 slips or less) $2,000 per application

Marinas: Major Alteration $1,000 per application

Marinas: Minor Alteration $500 per application

Marinas: O&M Plan-Standard Plan $200 per application

Marinas: O&M Plan-Special Plan $300 per application

Marinas: O&M Plan-Headboat/Boat Ramp $200 per application

(11) Wetlands.

Wetlands: Type I $300 per application

Wetlands: Type II $450 per application

Section 7.  The fees specifically listed in this Act supersede their programmatic equivalent approved pursuant to 68 Del. Laws, c.86.   

Section 8.  Any fee not specifically listed in this Act shall remain in effect to the extent they are utilized by the Department or permitted by law.  

Section 9. A current permitholder or licensee whose permit or license will expire after the new fees go into effect may submit a complete application to continue existing operations, including renewal, no earlier than 90 days before the effective date of this legislation or before the permit will expire, whichever is later, unless existing statute or regulation requires them to submit them 91 days or more in advance. An incomplete application for a new permit or license or to continue operations, including renewal, which is submitted in advance of the effective date and does not submit the required information until after the effective date will be subject to the new fee schedule.

Section 10.  The Secretary may increase the fees levied by the Department in Section 6 on an annual basis by no more than 5%.

SYNOPSIS

This Act updates certain statutory fees in Title 7 and establishes or updates certain permit and licensing fees. This Act also replaces and supersedes 1991 Del Laws. Ch. 86 (H.B. 360), An Act to Amend Titles 7 and 23 of the Delaware Code Relating to Permit Fees and Other Assessments Charged by the Department of Natural Resources and Environmental Control and to Authorize and Approve Various Permit Fees and Assessments.

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