NAC444.8446. Fee for processing and review of certain applications: Payment; amount; deposit; return of excess.

     1. Except as otherwise provided in subsection 4, the:

     (a) Owner or operator of a facility for the management of hazardous waste, for which a permit is required for its operation, closure or care after closure;

     (b) Person who applies for a written determination pursuant to NAC 444.8455; or

     (c) Person who applies for a certificate of designation pursuant to NAC 444.8458,

Ê must, before the Administrator may issue a permit, written determination or certificate of designation, pay a fee to the Division to offset the cost to process and review the application. The amount of the fee is $50 for each hour of staff time devoted to processing and reviewing the application for the facility, plus the amount paid to consultants by the Division in connection with the application. The total fee must not exceed:

	Regulated Unit	Maximum Fee
	Landfill, boiler, industrial furnace or incinerator.....................................	$50,000
	Treatment.................................................................................................	50,000
	Surface impounds, areas for thermal treatment, waste piles....................	25,000
	Storage.....................................................................................................	25,000
	Facility for recycling................................................................................	10,000
	Mobile unit for the recycling of hazardous waste...................................	10,000

     2. If the facility contains more than one type of regulated unit, the operator is not required to pay more for each application than the maximum fee for the regulated unit to which the highest fee is applicable, unless the facility contains a landfill and an incinerator. If the facility contains a landfill and an incinerator, the operator is not required to pay more than $100,000 for an application.

     3. Except as otherwise provided in subsection 4, an applicant for a permit, written determination or certificate of designation shall deposit the maximum fee with the Division at the time of submission. The Division shall maintain an accurate account of the time devoted to each application by the Division and the amount paid to consultants by the Division. The Division shall return to the applicant any amount remaining from the maximum fee after a deduction for the fee for staff time and the amount paid to consultants.

     4. An applicant for a written determination for a mobile unit for the recycling of hazardous waste shall deposit at least 10 percent of the maximum fee with the Division at the time of submission. The Division shall maintain an accurate account of the time devoted to each application by the Division and the amount paid to consultants by the Division. If the deposit submitted pursuant to this subsection is greater than the fee for staff time and the amount paid to consultants, the Division shall return to the applicant the excess amount. If the fee for staff time and the amount paid to consultants is greater than the deposit submitted to the Division:

     (a) The Division shall bill the applicant for the balance; and

     (b) Payment from the applicant on the balance must be received by the Division before it issues a decision on the written determination.

     (Added to NAC by Environmental Comm’n, eff. 7-22-87; A 4-18-90; 5-27-92; 3-1-94)