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32.2.303    COMPUTATION OF FEE

(1) The estimated cost of a project submitted by the applicant as required by this

chapter must include an itemized list of the estimated construction, engineering, land acquisition and contingency costs showing various components and how costs are calculated in the following manner:

(a) For new facilities or additions to existing facilities that are subject to the permit provisions of 75-2-211 MCA, of the Clean Air Act of Montana, the estimated cost must be itemized by components which have different functions, including, where appropriate, building structure, boiler, generator, acid plant, cooling tower, precipitator, scrubber, baghouse, and any other components associated with the operational, production or pollution control system which is covered by the application. The provisions of this   rule do not apply to applications for a variance under 75-2-212 MCA, of the Clean Air Act of Montana. A filing fee must be paid as specified in that section for such applications.

(b) For new facilities or additions to existing facilities that are subject to the permit provisions of Water Pollution Control Act of Montana, the estimated cost must be itemized by components which have different functions, including, where appropriate, building structure, production components, treatment works, such as pumps, pipes, lining materials, ponds, ditches, diversions, dams, dikes and mechanical treatment works and any other component associated with the operational, production and pollution control system which is covered by the application.

(2) After receipt of the applicant's estimated cost of the project and analysis of the department's preliminary estimate of the cost of acquiring information and data for the EIS, the department must notify the applicant within 15 days of the final amount of the fee to be assessed. The fee assessed must be based on the projected cost of acquiring all of the information and data needed, for the EIS. If the applicant has gathered or is in the process of gathering information and data that can be used in the EIS, the depart-ment must only use that portion of the fee that is needed to verify the information and data. Any unused portion of the fee assessed may be returned to the applicant within a reasonable time after the information and data has been collected or the information and data submitted by the applicant has been verified, but in no event later than the deadline specified in section 32.2.306. The department may extend the 15 day time period provided for review of the

applicant's submittal for not to exceed 45 days if it believes that the project cost estimate submitted is inaccurate or additional information must be obtained to verify the accuracy of the project cost estimate.

(3) The fee assessed may not exceed the following limitations:

(a) 2% of, any estimated cost up to $1 million, plus

(b) 1% of any estimated cost over $1 million and up to $20 million, plus

(c) of 1% of any estimated cost over $20 million and up to $100 million, plus

(d) of 1% of any estimated cost over $100 million and up to $300 million, plus

(e) 1/8 of 1% of any estimated cost in excess of $300 million.

History: Secs. 75-1-202, 75-1-204 MCA; IMP, Secs. 75-1-202, 75-1-203 MCA; NEW; Eff. 6/5/76.

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