Current through September 30, 2024
Section 17.7 - Allowable fees and other expenses(a) The following fees and other expenses are allowable under the Act: (1) Reasonable expenses of expert witnesses;(2) The reasonable cost of any study, analysis, engineering report, test, or project which EPA finds necessary for the preparation of the party's case;(3) Reasonable attorney or agent fees;(b) The amount of fees awarded will be based upon the prevailing market rates for the kind and quality of services furnished, except that: (1) Compensation for an expert witness will not exceed $24.09 per hour; and(2) Attorney or agent fees will not be in excess of $75 per hour.(c) In determining the reasonableness of the fee sought, the Presiding Officer shall consider the following:(1) The prevailing rate for similar services in the community in which the attorney, agent, or witness ordinarily performs services;(2) The time actually spent in the representation of the applicant;(3) The difficulty or complexity of the issues raised by the application;(4) Any necessary and reasonable expenses incurred;(5) Such other factors as may bear on the value of the services performed.