§ 46-12-4.1 - Fees – Limits – Recovery of costs.
SECTION 46-12-4.1
§ 46-12-4.1 Fees – Limits –Recovery of costs. – The fee established by the director pursuant to § 46-12-4 shall be basedon the individual discharger's need for monitoring and the effluent's potentialfor environmental degradation as determined by the director; provided, however,that any fees charged dischargers shall be in addition to and not substitutedfor funds appropriated by or monitoring required by the state or federalgovernment for similar purposes; and further provided:
(1) The director shall annually adopt by regulation, inaccordance with the provisions of chapter 35 of title 42, the maximum cost ofthe monitoring program for the next fiscal year. The fee charged any dischargershall not exceed the actual cost of the pollution monitoring program of thatdischarger.
(2) The operating authority for any publicly owned treatmentfacility is hereby empowered to recover any costs incurred under the provisionsof this chapter, including administrative costs, by levying an assessment ontheir customers. Money derived from the fees shall be deposited as generalrevenues and shall be usable to match any federal funds appropriated for thesepurposes.