Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-26-5 - Fee Assessment5.1. Dissemination of Fee Schedule.5.1.a. Fee assessments will be computed by the department for all generators in accordance with the provisions of Article 19. Generators for whom fee assessments are computed by the department to be less than five dollars ($5.00) will not be sent a fee assessment invoice, nor are they required to pay such fees.5.1.b. The director shall provide a copy of the fee schedule to each generator, by certified mail, within fifteen (15) days of publishing the fee schedule in the state register.5.1.c. An invoice for the fee required pursuant to this rule shall be provided by the director to each generator upon whom a fee is assessed within fifteen (15) days of publication of the fee schedule in the state register. Such invoice shall include an itemized list of fees to be assessed and the date upon which such fees are due and payable. The invoice shall be provided in the form and manner prescribed by the director.5.2. Payment of Fees. 5.2.a. Generator fee assessments are due and payable to the department on the fifteenth day of January (January 15) of 2004 and each succeeding year thereafter, except as provided in subdivision 5.2.b of this rule.5.2.b. If a fee schedule is not published by the first day of August (August 1) of each year, generators upon whom fees are assessed pursuant to Article 19 must pay such fees within one hundred and sixty-eight (168) days after the publication of the fee schedule in the state register.5.2.c. A fee payment made pursuant to this rule shall be made by submitting a money order or check made payable to the "Hazardous Waste Emergency Response Fund." Such fee payment must be transmitted to the director by the date specified on the invoice. If such fee payment is mailed, then the payment must be postmarked by the date specified on the invoice.5.3. Reconsideration. 5.3.a. Any generator assessed a fee pursuant to this rule may request the director to reconsider the amount of fee assessed. Such request must be submitted to the director, in writing, within forty-five (45) days of the date sent as noted on the fee assessment invoice required under subdivision 5.1.c of this rule, and must specify the reasons for requesting such reconsideration.5.3.b. Upon reviewing a request submitted pursuant to subdivision 5.3.a of this rule, the director will reconsider the applicable calculations and will notify the generator by letter of the results. If the director revises the fee assessment, the generator shall be sent a revised fee assessment invoice, payable on the normal fee payment date.5.3.c. If a revision of fee assessment made pursuant to subdivision 5.3.d of this rule determines that a generator has made an overpayment greater than two hundred dollars ($200.00), the generator may choose to either receive a fund of the excess amount or use that excess as a credit against the subsequent fee assessment. If the overpayment is two hundred dollars ($200.00) or less, the excess amount will be credited against the subsequent fee assessment.