North Carolina § 130A-328 - Public water system operating permit and permit fee.

§ 130A-328. Public water system operating permit and permit fee.

No person shall operate a community or non transient non-community water system who has not been issued an operating permit by the Department. A community or non transient non-community water system operating permit shall be valid from January 1 through December 31 of each year unless suspended or revoked by the Department for cause. The Commission shall adopt rules concerning permit issuance and renewal and permit suspension and revocation. The annual fees in subsection (b) shall be prorated on a monthly basis for permits obtained after January 1 of each year. The following fees are imposed for the issuance or renewal of a permit to operate a community or non transient non-community water system; the fees are based on the number of persons served by the system: The following fees are imposed for the review of plans, specifications, and other information submitted to the Department for approval of construction or alteration of a public water system. The fees are based on the type of constructions or alteration proposed: The Department may charge an administrative fee of up to one hundred fifty dollars ($150.00) for failure to pay the permit fee by January 31 of each year. All fees collected under this section shall be applied to the costs of administering and enforcing this Article. Non Community Water Systems: Base Fee: Fee ------------------------ --- Non Community Water Systems: Base fee: Non transient non-community $150 Community Water Systems: Number of Persons Served 50 or fewer $255 More than 50 but no more than 100 $270 More than 100 but no more than 200 $330 More than 200 but no more than 300 $350 More than 300 but no more than 400 $385 More than 400 but no more than 500 $420 More than 500 but no more than 750 $780 More than 750 but no more than 1000 $810 More than 1000 but no more than 2000 $840 More than 2000 but no more than 3000 $870 More than 3000 but no more than 4000 $1350 More than 4000 but no more than 5000 $1460 More than 5000 but no more than 7500 $1925 More than 7500 but no more than 10,000 $2065 More than 10,000 but no more than 25,000 $2600 More than 25,000 but no more than 50,000 $2925 More than 50,000 but no more than 75,000 $4250 More than 75,000 but no more than 100,000 $4675 More than 100,000 but no more than 250,000 $5100 More than 250,000 but no more than 500,000 $5525 More than 500,000 $5950 Distribution system: Fee Construction of water lines, less than 5000 linear feet $150 Construction of water lines, 5000 linear feet or more $200 Other construction or alteration to a distribution system $75 Ground water system: Construction of a new ground water system or adding a new well $200 Alteration to an existing ground water system $100 Surface Water system: Construction of a new surface water treatment facility $250 Alteration to an existing surface water treatment facility $150 Water System Management Plan review $75 Miscellaneous changes or maintenance not covered above $50 History (1991, c. 576, s. 1; 1991 (Reg. Sess., 1992), c. 811, s. 6; c. 1039, s. 11; 2006-66, s. 11.7(a).) Editor's Note. - Session Laws 2006-66, s. 11.7(b), provides: "The Department of Environment and Natural Resources may create a schedule for phasing in the new fees added to G.S. 130A-328 , as amended by subsection (a) of this section, over multiple operating permit cycles." Session Laws 2006-66, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2006'." Session Laws 2006-66, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2006-2007 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2006-2007 fiscal year." Session Laws 2006-66, s. 28.6, is a severability clause. Session Laws 2013-413, s. 56(a), (b), provides: "(a) Public water systems with expired authorizations for water treatment plants that have been deactivated may obtain new water treatment plant authorizations that allow the system to withdraw surface water from the same water body and at the same rate as approved in the expired authorization, and such new authorizations shall not be required to prepare an environmental document pursuant to Article 1 of Chapter 113A of the General Statutes. "(b) This section applies only to those public water systems for which the authorization for the water treatment plant expired within the last 10 calendar years of the effective date of this act." Effect of Amendments. - Session Laws 2006-66, s. 11.7(a), effective January 1, 2007, substituted "Public" for "Community" in the catchline; inserted "or non transient non-community" following "a community" in (a); rewrote subsection (b); added subsections (c) and (d); and redesignated former second paragraph of (b) as present (e).