2005 Arizona Revised Statutes - Revised Statutes §49-241.02  Maximum payment for aquifer protection permit fees; definitions

A. The maximum fees for processing, issuing or denying permit action applications shall be:

1. For an individual or area-wide aquifer protection permit, one hundred thousand dollars.

2. For an application for a complex modification to an individual or area-wide aquifer protection permit, one hundred thousand dollars.

3. For the clean closure of a facility without an aquifer protection permit, thirty-five thousand dollars.

4. For a standard application to modify an individual or area-wide aquifer protection permit, fifteen thousand dollars.

B. Each permit action application submitted by the applicant is subject to a maximum fee. The maximum fees prescribed in subsection A of this section apply for any pending permit action application submitted to the department before the effective date of this amendment to this section and the maximum fees prescribed in subsection A of this section supersede any maximum fee specified by the department in any letter dated before the effective date of this amendment to this section. The department shall notify the applicant by letter of any change in the maximum fee for an application. The notice shall be sent within sixty days after the effective date of this amendment to this section.

C. Notwithstanding any other provision in this section, an applicant may request that the department waive the applicable maximum fee for processing an application for a permit action. On requesting the waiver, the applicant agrees to pay the total direct costs incurred by the department in processing the application and the department shall process the application for a permit action.

D. If the department contracts with a consultant under section 49-203, an applicant may request that the department expedite the application review by requesting that the department use the services of the consultant and agreeing to pay to the department the costs of the consultant's services regardless of the other provisions of this section.

E. The department shall review the revenues derived from and expenses incurred for processing permit action applications through June 30, 2009 to determine the adequacy of the maximum fees, and by August 31, 2009, the department shall issue a report to the legislature on its findings.

F. For the purposes of this section:

1. "Complex modification" means, for purposes of the mining sector, any of the following:

(a) Any new tailing impoundment, leach pad or stockpile, waste rock pile, or process solution impoundment or conveyance required to have an individual permit under this article, unless this new facility is within an approved passive containment capture zone under section 49-243, subsection G, paragraph 1.

(b) The expansion of the footprint of any tailing impoundment, leach pad or stockpile, waste rock pile, or process solution impoundment or conveyance permitted under this article if the expanded facility is not located within a passive containment capture zone under section 49-243, subsection G, paragraph 1, and the expansion either:

(i) Requires expansion of the pollutant management area.

(ii) Extends over a geologic unit of higher hydraulic conductivity than the original facility, unless the original facility is lined and the same liner is extended to cover the entire expansion area.

(iii) Extends into another drainage.

2. "Maximum fee" means the maximum amount the department is authorized to charge for services for a permit action.

3. "Permit action" means:

(a) Issuance of an individual or area-wide aquifer protection permit to operate or to close.

(b) Issuance of a complex modification of an individual or area-wide aquifer protection permit.

(c) Issuance of a clean closure approval.

(d) Issuance of a standard modification of an individual or area-wide aquifer protection permit.

(e) Denial of any application.

(f) Processing any permit action application request that the applicant withdraws.

G. The department shall adopt a rule to define "complex modification" for other nonmining aquifer protection permit sectors.