Following lengthy deliberations, both the Water Quality Control Board (WQCB) and the Water and Wastewater Operators Certification Board (WWOCB) permanently adopted fee increases to permit annual maintenance fees in the Environmental Protection Fund and cross connection training and certification fees for the Fleming Training Center (FTC), a facility located in Murfreesboro that offers training, certification, and technical assistance to water and wastewater systems across the state.
In the final days of the 2009 legislative session, the General Assembly reduced the amount of state dollars allocated to several divisions of the Tennessee Department of Environment and Conservation (TDEC) as part of the plan to balance the state budget. Additionally, the legislature enacted a provision which bypassed the prohibition intended to prevent the General Assembly from enacting fees to offset state appropriations until July 30, 2012. In other words, the General Assembly waived this provision so that the costs associated with reductions in state appropriations can be passed on to local governments and other customers.
First, the state reduced appropriations to the Division of Water Pollution Control (DWPC) by $1.4 million. The DWPC is the section of the Tennessee Department of Environment and Conservation (TDEC) responsible for the administration of the Tennessee Water Quality Control Act of 1977, which, as one of its duties to monitor and analyze water quality in the state, issues permits to municipalities. Secondly, the legislature eliminated all state funding to the Fleming Training Center.
In an effort to offset the effects of these cuts, the state legislature granted TDEC the authority to increase fee revenue starting July 1, 2009. Accordingly, on July 1, TDEC implemented the fee increases under its public necessity rulemaking authority; setting in motion a 165-day review of the new rules. During this required review period, TDEC initiated the rule-making process and held public meetings concerning the fee increases across the state.
The DWPC elected to increase permit annual maintenance fees by approximately 38.4 percent to combat the state reduction. During the public comment period, a number of groups voiced objection to the proposal, including TML, the Chamber of Commerce, and the Tennessee Storm Water Association. The WQCB, in turn, agreed examine the fee schedule for the next few years and to re-evaluate it prior to June 30, 2012, to determine if the fee schedule needs to be continued, modified, or discontinued. The WQCB also discussed forming a committee to review ways to enhance service levels to the fee payers.
The Fleming Training Center made up for the loss by increasing fees for cross connection certification by 20-54 percent and implementing new cross connection training fees.In addition to the authority to increase fees, the Fleming Training Center was given permission to charge fees for training class and building and equipment use. Unlike the increase in fees for cross connection activities, the fees for training classes and building and equipment use were permanent and not subject to public comment.
As previously stated, the legislature suspended the rule that prevents fee increases in a fiscal year in which state appropriations are reduced. This means it is possible that municipalities could face more fee increases at any time during the next three years. TML will continue to keep you informed.
Click here to view more information about the new fee schedules.
