Alabama Administrative Code Chapter 335-1-6 — Application Fees

335 Alabama Department of Environmental Management

Ala. Admin. Code r. 335-1-6-.01 Applicability

The provisions of this Chapter shall apply to any person making application to the Department for issuance, reissuance or modification of a permit, registration, license or certification, except as provided in Rule 335-1-6-.03.

History

• Author: Marilyn Elliott
• Authority: Code of Ala. 1975, §22-22A-5.
• Effective February 13, 1985. Amended: Filed December 12, 1996; effective January 16, 1997. Amended: Filed February 24, 1999; effective March 31, 1999.

Ala. Admin. Code r. 335-1-6-.02 Definitions

The words or phrases used in this Chapter shall have the meanings provided in the rules and regulations applicable to the particular application involved unless the word or phrase is defined in this Rule. For the purposes of this Chapter, the following words or phrases shall have the following meanings:

(a) “Greenfield site” shall mean a new development or the initial operation of a new facility or a facility or operation not previously permitted.

(b) “Minor NPDES modification” shall mean a termination or a modification not requiring a public notice.

History

• Author: Marilyn Elliott
• Authority: Code of Ala. 1975, §22-22A-5.
• Effective February 13, 1985. Amended: October 30, l990. Amended: Filed December 12, 1996; January 16, 1997.

Ala. Admin. Code r. 335-1-6-.03 Exemptions

No fee is required for making the following applications:

(a) applications for the issuance, reissuance or modification of permits for Class V wells of the type specified in rule 336-6-8-.02(t) provided that no pollutants other than heat are injected and the heating or cooling unit(s) serve only a single family dwelling;

(b) applications for a license, variance or permit modification to correct clerical, typographical or calculation errors; and

(c) applications for the issuance, reissuance, or modification of Operating Permits for Major Sources of air pollution, Chapter 335-3-16.

History

• Author: Marilyn Elliott, Russell Kelly, Brian C. Espy
• Authority: Code of Ala. 1975, §22-22A-5.
• Effective February 13, 1985. Amended: Filed November 23, 1993; effective December 28, 1993. Amended: Filed December 12, 1996; effective January 16, 1997. Amended: Filed December 5, 2001; effective January 9, 2002. Amended: Published December 31, 2020; effective February 14, 2021.

Ala. Admin. Code r. 335-1-6-.04 Permit Application Fees

(1) Except as provided in paragraph (2) of this Rule, any person making application to the Department for the issuance, reissuance or modification of a permit shall be subject to a three-part application fee consisting of the following:

(a) a fee of $1,610 per application relating to a greenfield site. This fee shall not apply to Schedule B or to AFO/CAFO registration in Schedule D if continuing education certification is submitted with initial registration and each annual registration request as required by Rule 335-6-7-.18;

(b) a fee which shall be the sum of the fees for each applicable type of permit application, and each action deemed necessary to complete evaluation of the application, as specified in Fee Schedules A through J; and

(c) a public hearing fee of $8,450 if a public hearing relating to the permit application is held.

(2) Any person making application to the Department for modification of a permit to change the name of the permittee only or to transfer the permit only shall be subject to a $800 fee per application.

(3) Fees required by AFO/CAFO registration may be suspended in part or whole by category by the Director to reflect the budgetary circumstances of the AFO/CAFO program.

History

• Author: Marilyn Elliott, Russell Kelly, David Hutchinson
• Authority: Code of Ala. 1975, §22-22A-5.
• Effective February 13, 1985. Amended: October 30, l990. Amended: Filed December 12, 1996; effective January 16, 1997. Amended: Filed February 24, 1999; effective March 31, 1999. Amended: Filed December 5, 2001; effective January 9, 2002. Amended: Filed December 6, 2005; effective January 10, 2006. Amended: Filed October 10, 2006; effective November 14, 2006. Amended: Filed December 18, 2007; effective January 22, 2008. Amended (added New Schedule J): Filed April 21, 2009; effective May 26, 2009. Amended: Filed October 25, 2011; effective November 29, 2011. Amended: Filed June 25, 2013; effective July 30, 2013. Amended: Filed December 21, 2016, effective January 25, 2016. Amended: Filed February 14, 2017, effective March 31, 2017. Amended: Filed August 22, 2017, effective October 6, 2017.

Ala. Admin. Code r. 335-1-6-.05 Water Quality Certification And Coastal Area Management Certification Fees

Any person making application for the issuance, reissuance or modification of a water quality certification pursuant to section 401 of the Federal Water Pollution Control Act, 33 U.S.C. §1341, and/or making request for a permit or consistency determination pursuant to Chapter 335-8-1, shall be subject to the highest applicable fee as provided in Fee Schedule B, as appropriate.

History

• Author: Marilyn Elliott
• Authority: Code of Ala. 1975, §22-22A-5.
• Effective February 13, 1985. Amended: October 30, l990. Amended: Filed December 12, 1996; effective January 16, 1997. Amended: Filed October 25, 2011; effective November 29, 2011.

Ala. Admin. Code r. 335-1-6-.06 Other Certification, Variance And License Fees

Any person making application for the issuance or reissuance of a variance, license or certification shall be subject to a fee as provided in Fee Schedule G.

History

• Author: Marilyn Elliott, C. Edwin Johnston
• Authority: Code of Ala. 1975, §22-22A-5.
• Effective: February 13, 1985. Amended: October 30, l990. Amended: Filed December 12, 1996; effective January 16, 1997.

Ala. Admin. Code r. 335-1-6-.07 Payment Of Fees

(1) Payment of permit application/registration fees required under subparagraphs (1)(a) and (1)(b) or paragraph (2) of Rule 335-1-6-.04 shall be included with the permit application/registration. No permit application shall be processed without payment of such fees.

(2) Any fee required under subparagraph (1)(c) of Rule 335-1-6-.04 shall be billed to the applicant. Payment of such fee shall be made within thirty days of the invoice date. No final decision regarding the permit application shall be made until after payment of such fee. Failure to make payment as provided herein shall constitute cause for non-processing/denial of the permit application.

(3) Payment of fees required under Rule 1-6-.05 shall be made within thirty days of the date of the invoice which the Department shall send to the person making the application or request or requiring the certificate.

(4) Payment of fees required under Rule 335-1-6-.06 shall be included with the application for such license, variance or certification. No application shall be processed without payment of such fees.

(5) All fees paid pursuant to the requirements of this Chapter shall be non-refundable.

(6) All fees and remittances shall be made payable to the Alabama Department of Environmental Management.

SCHEDULE A

AIR QUALITY PERMITS

FEE SCHEDULE C (Continued)

EXPLANATORY NOTES

(1) Fee applies to initial unit (design) of a given type at a facility.

(2) Fee applies to additional designs and/or units of the same type unit or process at a given facility.

(3) Refer to rule 335-14-8-.04(3) for classification of minor mods. Each separate mod request requires a separate fee payment. Multiple changes to a permit consolidated in one mod request will be charged a single fee for each applicable unit. (e.g., A facility permitted for container storage and a landfill who requests modifications to both units will be charged the appropriate fee for each unit.)

(4) Refer to rule 335-14-8-.04(2) for classification of major mods. Each separate mod request requires a separate fee payment. Multiple changes to a permit consolidated in one mod request will be charged a single fee for each applicable unit. (e.g., A facility permitted for container storage and a landfill who requests modifications to both units will be charged the appropriate fee for each unit.)

(5) If clean closure is not attained and a post-closure permit is required, then the cost is credited to the post-closure permit fee. Closure plan fees shall be charged per unit to be closed.

(6) Fees for miscellaneous units (rule 335-14-5-.24) and for other units not specifically listed shall be assessed based on the fees established for the permit type most closely analogous to the activity in question. For example, an open burning/open detonation unit would be assessed fees for thermal treatment; a stabilization unit would be assessed fees for treatment; etc.

(7) Fee applies to all treatment units except land treatment units and thermal treatment units.

(8) Fee applies to incinerators, boilers, industrial furnaces, and other thermal treatment units.

(9) Fee applies to each hazardous waste management unit which is subject to post-closure permitting requirements. Multiple units which are closed under a single (common) cap will be charged the fee for a single post-closure unit. Fee also applies to certification of post-closure plans required by order.

(10) Fee applies to permits which include solid waste management unit (SWMU) requirements (pursuant to ADEM Admin. Code rs. 335-14-5-.06(12), 335-14-5-.19, 335-14-8-.02(5)(d), but do not include regulated hazardous waste management unit requirements. This fee applies to facilities which have completed all closure and post-closure requirements for regulated hazardous waste management units, but do not complete all SWMU requirements.

(11) Fee applies to modifications which are not unit specific (i.e., mods not affecting the unit type, design, or configuration). Examples: contingency plan changes, transfer of ownership, personnel training plan changes, changes to groundwater monitoring system, etc.

(12) Additive fees are levied in addition to base application fees as applicable. Total fees due are sum of base application fees and additive fees applicable to a given facility/application.

(13) Initial fee applies to the first contaminant plume at a facility. The additional unit fee will be charged for each additional, separate plume at the same facility.

(14) Fee applies to each trial burn performed.

(15) Initial fee applies to the first investigation at a facility imposed by the Department under ADEM Admin. Code r. 335-14-5-.06(12). The fee is applicable at the time the investigation is imposed. The additional unit fee will be charged for each additional, separate investigation at the same facility (e.g. an investigation of a newly discovered area of contamination). This fee is also applicable to any investigation required by statute or order that is designed to assess the extent of contamination at a facility or a single unit within a facility.

(16) Fee applies to each separate corrective action program proposal or corrective measures implementation plan submitted. CAPs which integrate multiple technologies (e.g., pump and treat, biological, chemical, physical, etc.) into a single system shall be charged a single fee for the system. Facilities which have multiple separate programs (e.g., two separate groundwater contamination plumes, one remediated using pump and treat and the other using vapor extraction) shall be charged a separate fee for each separate system. This fee is also applicable to passive corrective measures (e.g. land-use restrictions, monitored natural attenuation).

(17) Fee applies to each separate corrective action management unit (CAMU) designated/approved at a facility. This fee is in addition to any other fees applicable to any hazardous waste management units included within a CAMU.

(18) Fee determined based on type of units (Storage - $4,855; Treatment [except Land Treatment] - $5,820; Disposal/Land Treatment - $11,650).

(19) Fee applies to facilities which receive hazardous waste from off-site sources (e.g., commercial facilities).

(20) Fee applies to thermal treatment units required to conduct indirect risk assessments.

(21) Initial fee applies to the first CS work plan at a facility. The additional unit fee will be charged for each additional, separate CS workplan at the same facility.

(22) Initial fee applies to the first IM work plan at a facility. The additional unit fee will be charged for each additional, separate IM workplan at the same facility.

(23) Initial fee applies to the first CMS work plan at a facility. The additional unit fee will be charged for each additional, separate CMS workplan at the same facility.

(24) Fee is charged per each RFA Report prepared for a given facility.

(25) Landfill 5-Year Review Certification fee applies to operating hazardous waste land disposal facilities subject to 335-14-5-.05.

[1] Due upon submittal of CDS

FEE SCHEDULE E

SOLID WASTE PERMITS/REGISTRATION

*1. These are modifications as included in ADEM Admin. Code rule 335-13-5-.06(2).

*2. These are modifications as included in ADEM Admin. Code rule 335-13-5-.06(1).

FEE SCHEDULE F

[RESERVED]

(Repealed 10/6/17)

[2] See ADEM Admin. Code r. 335-10-1-.11(3)

FEE SCHEDULE H

BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM

Non-Responsible Person Applicant

(1) Submittal of the appropriate application fee is required prior to the review of any plans, reports, and, or certifications.

(2) An Assessment and/or Cleanup Review fee is assessed when review of a plan and report is required as determined by the Department.

(3) Property eligibility determinations are valid for a period of one year from date of issuance.

(4) Additive fees are levied on the assessment or cleanup fees as applicable. Total fees due are a sum of assessment and/or cleanup fees and additive fees applicable to a given applicant.

(5) A Public Notice fee is assessed on any Plan or Report which proposes final cleanup remedy recommendations, such as removal of contaminants and/or an Environmental Covenant.

(6) These fees are assessed annually until required activities are complete and/or terminated by the Department.

(7) Fee is added to a Cleanup Review and/or Report fee, when an Operation and Maintenance (OAM) is required as a part of the approved remedy. Modification of OAM activities would require a modification of the Cleanup Report and submittal of required fees.

(8) This fee applies only to Responsible Party Applicants and is assessed per acre of each qualifying property in addition to the voluntary cleanup program application and oversight fees.

• This fee is enacted by Act 2023-356 of the 2023 Alabama Legislative Session.

FEE SCHEDULE I

SCRAP TIRE PROGRAM PERMITS/REGISTRATIONS

Note 1: A limited-use transporter permit is available to property owners remediating a scrap tire pile on their own property, and shall be issued for a limited amount of time and under conditions as prescribed by ADEM.

See ADEM Admin. Code r. 335-4-3-.03(b) for definitions of processors

Fee Schedule J

Environmental Covenants Fees

• • For classification of institutional and engineering controls, see ADEM Admin. Code Rule. 335-5-1-.03(i).

Registry Recording Fee also includes costs of performing inspections for a 30-year period.

For sites utilizing both institutional controls and engineering controls, the processing and review fees shall be the greater of the applicable fees.

For sites with more than one classification of institutional or engineering control, the registry recording fee shall be the greater of the applicable fees.

For a property or site containing multiple individually deeded parcels covered by one or more similar covenants, the owner or operator may pay all applicable fees listed in Fee Schedule J or the owner or operator or other responsible party may include a provision in an order or agreement executed between the owner or operator or other responsible person and the Department to pay fees as provided in 335-5-1-.06(6).

History

• Author: Marilyn Elliott, Russell A. Kelly, Brian C. Espy
• Authority: Code of Ala. 1975, §22-22A-5.
• Effective February 13, 1985. Amended: Filed December 12, 1996; effective January 16, 1997. Amended: Filed February 24, 1999; effective March 31, 1999. Amended: Filed December 5, 2001; effective January 9, 2002. Amended (Schedule H only): Filed April 11, 2002; effective May 16, 2002. Amended (Schedules B, C, D, E, & F only): Filed August 29, 2002; effective October 3, 2002. Amended (Added Schedule I only): Filed June 30, 2004; effective August 4, 2004. Amended (Schedules A-H only): Filed December 6, 2005; effective January 10, 2006. Amended (Schedules D & G only): Filed June 6, 2006; effective July 11, 2006. Amended (Schedules A-I only): Filed October 10, 2006; effective November 14, 2006. Amended (Schedules A thru I only): Filed December 18, 2007; effective January 22, 2008. Amended (Schedule G only): Filed December 15, 2009; effective January 19, 2010. Amended (Text and Schedules A thru J): Filed October 25, 2011; effective November 29, 2011. Amended (Schedules A thru J only): Filed June 25, 2013; effective July 30, 2013. Amended (Schedules A thru J only): Filed December 21, 2016, effective January 25, 2017. Amended (Schedule E only): Filed April 24, 2018, effective June 8, 2018. Amended (Schedule E only): Filed June 25, 2019; effective August 9, 2019. Amended (Schedules E, H, and J only): Published February 28, 2020; effective April 13, 2020. Amended (Schedules C and J only): Published December 31, 2020; effective February 14, 2021. Amended (Schedule H only): Published April 29, 2022; effective June 13, 2022. Amended (Fee Schedule E only): Published December 30, 2022; effective February 13, 2023. Amended: Published February 29, 2024; effective April 14, 2024. Amended: Published December 31, 2025; effective February 14, 2026.