Cal. Code Regs. tit. 23 § 2200.6

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 2200.6 - Annual Agricultural and Irrigated Lands Fee Schedule

(a) Annual fees for waste discharge requirements and waivers of waste discharge requirements for discharges from agricultural lands, ¹ including irrigated lands, shall be as follows:

(1) If a discharger is a member of a group that has been approved by the Regional Board or Regional Board Executive Officer to manage fee collection and payment, then the annual fee shall be based on agricultural activity according to the following fee schedule:

*Agricultural Activity Tier for Group Enrollment*	*Per Acre Fee*
Tier A -- All agricultural activity except those identified in Tier B.	$1.42
Tier B -- Discharger or group of dischargers whose agricultural activities are managed wetlands, irrigated pastures with no external nitrogen input, those belonging to the California Rice Commission third party group, or are determined by the Regional Water Board or the Executive Officer to be exempt from the precedential requirement to develop an Irrigation and Nitrogen Management Plan. ²	$1.14

(2) If a discharger is not a member of a group that has been approved by the Regional Board or Regional Board Executive Officer to manage fee collection and payment, then the annual fee shall be based on agricultural activity according to the following fee schedule:

*Agricultural Activity Tier for Individual Enrollment*	*Per Acre Fee*
Tier A -- All agricultural activity except those identified in Tier B.	$35.45 per acre up to 300 acres plus
	$17.73 per acre over 300 acres with a minimum fee of $673
Tier B -- Discharger or group of dischargers whose agricultural activities are managed wetlands, irrigated pastures with no external nitrogen input or are determined by the Regional Water Board or the Executive Officer to be exempt from the precedential requirement to develop an Irrigation and Nitrogen Management Plan.²	$28.36 per acre up to 300 acres plus
	$14.18 per acre over 300 acres with a minimum fee of $673

(b) Upon approval by the regional board to join a group subject to waste discharge requirements or waivers of waste discharge requirements for discharges from agricultural lands, including irrigated lands, the discharger shall submit to the state board an application fee, unless such fee is not required by the regional board. The application fee is a one-time fee of $200 for dischargers that have received a written request to submit an application or report of waste discharge, and $50 for all other dischargers. This application fee shall not apply to dischargers who were members of a group on or before June 30, 2008.

(c) For purposes of this section, the words "agricultural lands," "irrigated lands," "farm," and "discharger" have the meaning contained in the applicable regional board or state board waste discharge requirements or waiver of waste discharge requirements for discharges from agricultural lands, including irrigated lands. These fees shall apply whether or not a regional board or the state board has previously waived the payment of fees for the discharge of waste.

¹ As used in this section, the acreage on which the fee is based refers to the area that has been irrigated or cultivated by the farmer or discharger at any time in the previous five years.

² Per State Water Board Order No. WQ 2018-0002, In the Matter of Review of Waste Discharge Requirements General Order No. R5-2012-0116 for Growers Within the Eastern San Joaquin River Watershed that are Members of the Third-Party Group.

Cal. Code Regs. Tit. 23, § 2200.6

Note: Authority cited: Sections 185, 1058 and 13260, Water Code. Reference: Sections 13260 and 13269, Water Code.

1. New section filed 10-13-2005 as an emergency; operative 7-1-2005. Adopted by State Water Resources Control Board 6-16-2005. Submitted to OAL for printing only 10-3-2005 pursuant to Water Code section 13269, which grants emergency authority for this section pursuant to Water Code section 13260(f). The emergency adoption remains in effect until revised by the State Board (Register 2005, No. 41).
2. Amendment filed 8-27-2007 as an emergency; operative 8-27-2007. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Board (Register 2007, No. 35).
3. Amendment filed 11-6-2008 as an emergency; operative 11-6-2008. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2008, No. 45).
4. Change without regulatory effect amending subsections (a)-(b), (b)(3)(A)-(B) and (c) filed 11-18-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 47).
5. Amendment of section heading and section filed 10-19-2011 as an emergency; operative 10-19-2011. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2011, No. 42).
6. Amendment filed 10-23-2013 as an emergency; operative 10-23-2013. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that a regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2013, No. 43).
7. Repealer of first paragraph and amendment of subsections (a)(3)(A) and (c) filed 10-27-2014 as an emergency; operative 10/27/2014. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that a regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2014, No. 44).
8. Amendment of section and Note filed 11-14-2016 as an emergency; operative 11/14/2016. Submitted to OAL for filing and printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2016, No. 47).
9. Amendment of subsections (a)(1)-(3) filed 11-6-2017 as an emergency; operative 11-6-2017. Submitted to OAL for filing and printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2017, No. 45).
10. Amendment of subsections (a)(1)-(3) filed 11-5-2018 as an emergency; operative 11/5/2018. Submitted to OAL for filing and printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2018, No. 45).
11. Amendment of subsection (a)(1), repealer of subsection (a)(2), subsection renumbering and amendment of newly designated subsection (a)(2) filed 10-23-2019 as an emergency; operative 10/23/2019. Submitted to OAL for filing and printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2019, No. 43).
12. Amendment of tables within subsections (a)(1) and (a)(2) filed 11-6-2020 as an emergency; operative 11/6/2020. Submitted to OAL for filing and printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2020, No. 45).
13. Amendment of subsections (a)(1)-(2) filed 11-8-2021 as an emergency; operative 11/8/2021. Submitted to OAL for filing and printing only pursuant to Water Code section 13260(f), which provides that the regulations shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2021, No. 46).
14. Amendment of subsections (a)(1)-(2) and amendment of Note filed 11-28-2022 as an emergency; operative 11/28/2022. Submitted to OAL for filing and printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2022, No. 48).
15. Amendment of subsections (a)(1)-(2) filed 10-24-2023 as an emergency; operative 10/24/2023 (Register 2023, No. 43). Submitted to OAL for filing and printing only pursuant to Water Code section 13260(f), which provides that the regulations shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board.