CHAPTER 86

FORMERLY

HOUSE BILL NO. 360

AS AMENDED BY

HOUSE AMENDMENT NO. 1

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.

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 §4701(a), Title 7, Delaware Code by deleting subparagraph §4701(a)(5)(A) in its entirety and inserting in lieu thereof the following:

“(5)(A) Establish and collect such user charges, which shall approximate and reasonably reflect all costs necessary to defray the expenses of the Department for the use of the facilities and services provides in areas it administers. The Department shall, in addition, establish and impose a schedule of fees for entrance to state parks and for surf fishing vehicles and snowmobiles on said lands, with the concurrence and approval of the General Assembly. The Secretary of the Department of Natural Resources and Environmental Control shall establish the period and areas on which park fees and user charges shall be imposed. The Secretary shall annually prepare a schedule of park entrance and surf fishing vehicle and snowmobile fees pursuant to this section and submit the same as part of the Department’s annual operating budget proposal. All of the fees collected pursuant to this section shall be deposited in the General Fund of this State and designated solely for park operations and maintenance; provided, however, that no fee shall be imposed on any recognized veteran’s service organization for the use of any state park or portion thereof for purposes of patriotic of memorial services, provided that advance written notification of not less than 15 days is given to the agency and does not conflict with other previously scheduled activities within the park.”

Section 2. Amend §4701(e), Title 7, Delaware Code, by striking said subsection in its entirety.

Section 3. Amend §6003, Title 7, Delaware Code, by adding new subsection “(f)” to read as follows:

“(f) The Secretary may establish fees for permits issued pursuant to this section with the concurrence and approval of the General Assembly. The Secretary shall annually prepare a schedule of fees for permits issued pursuant to this section and submit the same as part of the Department’s annual operating budget proposal.”

Section 4. Amend §6007(f), Title 7, Delaware Code by striking the figure and number “$40” as they appear in said subsection and substituting in lieu thereof the figure and number “$50”.

Section 5. Amend §6319(a), Title 7, Delaware Code, by striking said subsection in its entirety and inserting in lieu thereof the following:

“(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.”

Section 6. Amend §6319(f), Title 7, Delaware Code, by striking the figures and numbers “$12”, “$9”, and “$2” as they appear in paragraphs (1), (2) and (3) of said subsection respectively, and inserting in lieu thereof the figures and numbers “$21”, “$16”, and “$4” respectively.

Section 7. Amend §6319(g), Title 7, Delaware Code, by striking the amounts “$12”and “$9” as they appear in said subsection and inserting in lieu thereof the amounts “$21” and “$16” respectively.

Section 8. Amend §7005, Title 7, Delaware Code, by adding a new subsection “(e)” to read as follows:

“(e) The Secretary shall annually prepare a schedule of fees for permits issued pursuant to this Section and submit the same as part of the Department’s annual operating budget proposal.”

Section 9. Amend §7205, Title 7, Delaware Code, by redesignating the existing section as subsection “(a)” and by adding a new subsection “(b)” to read as follows:

“(b) The Secretary shall annually prepare a schedule of fees for permits issued pursuant to this Section and submit the same as part of the Department’s annual operating budget proposal.”

Section 10. Amend §7714(a), Title 7, Delaware Code, by deleting said subsection in its entirety and inserting in lieu thereof the following:

“(a) The Department is authorized to charge and collect fees from persons with extremely hazardous substances registered pursuant to §7709 of this title. Fees shall be a minimum of $500 per year for the first unit and $25 per year for each additional unit to a maximum of 300 units.”

Section 11. Amend §2113(a), Title 23, Delaware Code, by striking said subsection in its entirety and inserting in lieu thereof the following:

“(a) Effective January 1, 1994, all vessels subject to this subchapter shall be divided into classes as follows and subject to the appropriate registration fees:

Class A – less than 16 feet $10.00 per year

Class 1 – 16 feet or over and less than 26 feet in length $20.00 per year

Class 2 – 26 feet or over and less than 40 feet in length $30.00 per year

Class 3 – 40 feet or over and less than 65 feet in length $50.00 per year

Class 4 – 65 feet or over and not required to be documented $60.00 per year.”

Section 12. Amend §2113(f), Title 23, Delaware Code, by striking the figure and number “$10.00” as they appear in said subsection and substituting in lieu thereof the figure and number “$35.00”.

Section 13. Amend §2113(g), Title 23, Delaware Code, by deleting said subsection in its entirety and substituting in lieu thereof the following:

“(g) Beginning July 1, 1991, one-half of the funds derived by the State pursuant to this Section shall be deposited by the Department with the State Treasurer and shall be specifically set aside and earmarked for the purpose of matching and securing money allocated to Delaware under the Recreational Boating Safety Financial Assistance Program administered by the United States Coast Guard. Beginning January 1, 1992, and annually thereafter, the initial $283,000 of the funds derived annually by the State pursuant to the provisions of this section shall be deposited into the General Fund of the State; additional funds received shall be deposited by the Department with the State Treasurer and shall be set aside and earmarked for the purposes of marine enforcement and boating access improvements.”

Section 14. 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 July 1, 1991, unless otherwise specifically noted:

State Park Permits Fee – Jan. 1, 1992

Daily Entrance

Del. Registered Vehicle $2.50

May-October

Daily Entrance

Out of State Registered Vehicle $5.00

May October

Daily Entrance

Group – Del. Registered Vehicle $1.25

May/Sept/Oct Only

Daily Entrance

Group-Out of State Registered Vehicle $2.50

May/Sept/Oct Only

Daily Permit Book (6 coupons) $12.50

Special Event (Division Sponsored)

Del. Registered Vehicle $1.00

Special Event (Division Sponsored)

Out of State Registered Vehicle $2.00

Annual Permit

Del Registered Vehicle $20.00

Annual Permit

Out of State Registered Vehicle $40.00

Annual Permit

Military Personnel (Active Duty) $20.00

Bus Fee – 11-30 passengers $10.00

Bus Fee – More than 30 passengers $20.00

Surf Fishing

Del. Registered Vehicle $50.00

Surf Fishing

Out of State Registered Vehicle $100.00

Surf Fishing

Transfer/Replacement $10.00

Snowmobiles $10.00/2 years

Surface Water Permits Fee – July 1, 1991

Major Industrial Permits $9,000 Annual

Major Industrial Amendments $0 One Time

Major Municipal Permit $0 Annual

Major Municipal Amendments $0 One Time

Minor Industrial Permit $2,250 Annual

Minor Industrial Amendments $0 One Time

Minor Municipal Permits $3,000 Annual

Minor Municipal Amendments $0 One Time

Bulk Storage/Transfer/Pipeline $3,750 One Time

Stormwater Municipal (Individ) $0 Annual

Stormwater Industrial (Individ) $2,500 Annual

Stormwater General up to $200 Annual

Transportation Permits $450 Annual

Sewer Collection $825 One Time

WWTF Construction: $1,500 x

Major (more than 30 points)*(A) Factor One Time

WWTF Construction: $1,125 x

Minor (1 to 30 points)*(A) Factor One Time

**Spray Irrigation:

Major (200,000 gpd or more)*(B) $4,500 Annual

**Spray Irrigation:

Minor (199,999 gpd or less)*(B) $2,000 Annual

**Sludge: Ag Util. Generated

in State: Major +200 dt/yr $6,000 Annual

**Sludge: Ag Util. Generated

in State: Minor -200 dt/yr $3,750 Annual

Sludge: Ag Util. Generated

out of State: Major $12,000 Annual

Sludge: Ag Util. Generated

out of State: Minor $7,500 Annual

**Sludge: Dist. & Mktg

Generated in State $3,000 Annual

Sludge: Dist. & Mktg

Generated out of State $5,000 Annual

Sludge: Land Disposal

Generated in State $5,000 Annual

Sludge: Land Disposal

Generated out of State $10,000 Annual

Sludge: Land Reclamation

Generated in State $2,000 Annual

Sludge: Land Reclamation

Generated Out of State $5,000 Annual

Sludge: Landfill $2,000 Annual

Sludge: Research Projects

Generated in State $1,000 Annual

Sludge: Research Projects

Generated Out of State $2,000 Annual

Sludge: Septage

Major (50,000 gpy or more) $500 Annual

Sludge: Septage

Minor (49,999 gpy or less) $200 Annual

Wetlands: Type I $300 One Time

Wetlands: Type II $450 One Time

Subaqueous Leases: Non-

Commercial Docking Fac. 1 Slip $225 10 yr. lease appl.

Subaqueous Leases: Commercial

Docking Fac. 2 or more slips*(C) $225 10 yr. lease appl.

Subaqueous Leases: Non-

Commercial Projects $225 10 yr. lease appl.

Subaqueous Leases: Trans.

Lines/Pipelines $225 10 yr. lease appl.

Subaqueous Leases:

Salvage Lease $300 10 yr. lease appl.

Subaqueous Leases:

Supplemental Approval $150 One Time

Subaqueous Leases:

Industrial Dock $225 10 yr. lease appl.

Subaqueous Leases:

Private Ramp $225 10 yr. lease appl.

Subaqueous Permits. Non-

Commercial Dock Fac. -1 slip $225 One Time

Subaqueous Permits: Commercial

Dock Fac. 2-4 slips* (C) $225 One Time

Subaqueous Permits: Non-

Commercial Projects $225 One Time

Subaqueous Permits: Trans.

Lines/Pipelines $450 One Time

Subaqueous Permits:

Salvage Exploration $300 One Time

Subaqueous Permits.

Supplemental Approval $150 One Time

Subaqueous Permits:

Industrial Dock $225 One Time

Subaqueous Permits:

Private Ramp $225 One Time

Subaqueous Permits:

Letter of Authorization $150 One Time

Dredging- less than 500 cubic yds $1.50/cu. yd One Time

(application fee) $150 One Time

Dredging- 500 cubic yds or more $1.50/cu. yd One Time

(application fee) $300 One Time

Annual Maintenance

Dredging less than 500 cubic yds $500 Annual

Annual Maintenance

Dredging- 500 cubic yds or more $1,000 Annual

Subaqueous Lands Lease: Non-

Comm. Dock Fac. 1 slip/ramp*(D) $.50 per sq. ft Annual

Subaqueous Lands Lease: Comm.

Dock Fac. 2-4 slips/ramp

--Single Family Residential $.50 per sqft Annual

--Non-Residential $3.00 per sqft Annual

Subaqueous Lands Lease: Comm.

Dock Fac. 5 or more slips/ramp

--Single Family Residential $1.50 per sqft Annual

--Non-Residential $3.50 per sqft Annual

Subaqueous Lands Lease: Non-

Comm Proj. (other than dock fac) $.50 per sqft Annual

Subaqueous Lands Lease: Trans.

Lines/Pipelines less than

6 inches. dia. $500 min. or 1.50/1nft Annual

Subaqueous Lands Lease: Trans. $500 min. or 2.00/1n. ft Annual

Lines/Pipelines- 6 inches dia

or more

Subaqueous Lands Lease:

Industrial Dock*(E) $4.00 per sqft Annual

Subaqueous Lands Lease:

Filled Lands $1.00 per sqft Annual

Subaqueous Lands Lease:

Salvage Lease $5,000 Annual

Marinas: Major

New (25 slips or more) $5,000 One Time

Marinas: Minor

New (24 slips or less) $2,000 One Time

Marinas: Major Alteration $1,000 One Time

Marinas: Minor Alteration $500 One Time

Marinas: O&M Plan-Standard Plan $200 One Time

Marinas: O&M Plan-Special Plan $300 One Time

Marinas: O&M Plan-Headboat/

Boat Ramp $200 One Time

Wastewater Operator Applications

for License – Classes I, II

III, IV, OIT, Spec and Temp Lic. $50 Each Appl.

Wastewater Operator Applications

for Emergency License $375 Each Appl.

Wastewater Operator Examination

(written and/or oral) fee $100 Each Appl.

Wastewater Operator Reexamination

at Same Level $100 Each Appl.

Wastewater Operator Licenses –

Renewals Classes I, II, III, IV,

OIT and Specialty Lic. for two

(2) years or less $50 Each Appl.

Wastewater Operator Licenses-

Emergency Lic for one yr or less $375 Each Appl.

Wastewater Operator Surcharge on

Late Fee Renewal of License $15 Each Appl.

**Political subdivisions of the State are exempted.

*(A) = WWTF Construction: The distinction between “major” and “minor” is based on the complexity of the treatment improvements or new construction to be undertaken and is related to the point system established for classification of wastewater treatment facilities in Section 5 of the State of Delaware Regulations for Licensing Operators of Wastewater Facilities. FACTOR is determined in the following manner: FACTOR 1 – point total is 1 to 15; FACTOR 2 – point total is 16 to 30 points; FACTOR 3 – point total is 31 to 55 points; and FACTOR 4 – point total is 56 or more points.

*(B) = Permitted flow (design).

*(C) = Commercial is defined in 7 Del. C. Chapter 72 as a docking facility other than a single-boat pier or dock intended to serve a single family dwelling.

*(D) = Lease fees are leasing property.

*(E) = Industrial docks in existence prior to 1969 are grandfathered and exempt from this fee.

Ground Water Permits Fee – July 1, 1991

UNDERGROUND DISCHARGES (SEPTICS)

Conduct Site Evaluation $75

Review Private Site Evaluation $75

Subdiv. Feasibility Review $345

Multi-Lot Approval/Lot $25

Director’s Review of Denial $115

Gravity System Permit $50

Engineered System Permit $115

Community System Permit $750

Sys. Compliance Inspection $70

Holding Tank Inspection $60

On-Site Variance $675

WATER SUPPLY

Public Well $75

Industrial Well $75

Domestic Well $35

Monitor Well $75

Heat Pump Supply Well $115

Heat Pump Recharge Well $75

Water Alloc – Pub/Ind/Com $375

Water Well Contractor Lic $150

Pump Installer Contractor Lic $115

Well Driller License $30

Pump Installer License $15

Cert Public Conv & Necessity $300

Coastal Zone Act Permits: Fee – July 1, 1991

Coastal Zone Permit $3,000 One Time

Simple Status Decision $600 One Time

Complex Status Decision $3,000 One Time

Air & Waste Management Permits Fee – July 1, 1991

Annual Permit Fees:

Fuel Burning – 10-100 MBH $75

Fuel Burning – 100-250 MBH $300

Fuel Burning – over 250 MBH $1,200

Waste Oil $80

Process less than 10 tpy/unit $125

Process over 10 tpy (Note 1) $125+3.00 per ton over 10

VOC Sys. – Gasoline Disp. Facil $75

VOC Sys. – Delivery Vessel $50

VOC Sys. – Bulk Gasoline Term $175

VOC Sys. – Storage Vessel $60

VOC Sys. – Dry Cleaning Facil $175

VOC Sys. – Wastewater Sep. $80

VOC Sys. – Degreaser $90

Incinerator $400

Solid Waste Permit $7,000

TSDI $7,000

TSDI Small Facility $500

Transporter: Haz. Waste $300

Transporter: Solid Waste $300

New Permits (Construction):

--Fuel Burning – 10-100 MBH $165

--Fuel Burning – 100-250 MBH $390

--Fuel Burning – over 250 MBH $1,290

Waste Oil $170

Process less than 10 tpy/unit $215

Process over 10 typ $215+$2.50 per ton over 10

VOC Sys. – Gasoline Disp. Facil $120

VOC Sys. – Bulk Gasoline Term $265

VOC Sys. – Storage Vessel $150

VOC Sys. – Dry Cleaning Facil $265

VOC Sys. – Wastewater Sep. $170

VOC Sys. – Degreaser $180

Incinerator $490

Other:

Temp. Emerg. Variance $1,000

Variance $5,000

Amend. to Permits $175

Notes: (1) Fee Cap at $75,000 per facility”

Section 15. Any fee approved pursuant to 67 Del. Laws, c.259 and not specifically listed in this Act shall remain in effect.

Section 16. Section 11 of this Act shall be effective January 1, 1994.

Section 17. The provisions of Section 14 of this Act shall not be applicable for any application received by the Department of Natural Resources and Environmental Control prior to July 1, 1991.

Approved July 1, 1991.