MPWMD ADMINISTRATIVE COMMITTEE MEETING--JULY 14, 2014--EXHBIT 3B--MARKED UP VERSION OF RULE 60, FEES AND CHARGES TABLE

Document submitted by

MPWMD staff under Item 3

EXHIBIT 3-B

Fees and Charges Table (Effective July 122, ~~2010~~2014)

Action

Fee

Action on any Appeal/Variance

Appeal ~~for Site~~ ~~with Water Use Capacity less than one-half (0.5) Acre-Foot annually (Rule 70)~~

$~~250~~ 700 plus $70/hour for more than 10 hours

~~Appeal for Site with Water Use Capacity greater than one-half (0.5) Acre-Foot but not more than one (1.0) Acre-Foot (Rule 70)~~

~~$500 plus $70/hour for more than 10 hours~~

~~Appeal for Site with Water Use Capacity greater than one (1.0) Acre-Foot annually (Rule 70)~~

~~$750 plus $70/hour for more than 10 hours~~

Short-Term Variance (Rule 91)

$125

Variance for Site with Water Use Capacity less than one-half (0.5) Acre-Foot annually (Rule 90)

$250 plus $70/hour for more than 10 hours

Variance for Site with Water Use Capacity greater than one-half (0.5) Acre-Foot but not more than one (1.0) Acre-Foot (Rule 90)

$500 plus $70/hour for more than 10 hours

Variance for Site with Water Use Capacity greater than one (1.0) Acre-Foot annually (Rule 90)

$750 plus $70/hour for more than 10 hours

Action on any Permit

Administrative fee to monitor, review and enforce applications and/or Permits for Special Circumstances (Rule 24)

$1400 plus $70/hour for more than 20 hours

Amendment to a Non-Residential Water Permit (Rule 23)

$140 per amendment plus $70/hour for more than 2 hours

Amendment to a Residential Water Permit (Rule 23)

$105 per amendment plus $70/hour for more than 1.5 hours

Application for Conditional Water Permit (Rule 23)

$350 per structure plus $70/hour for more than 5 hours

Application Fee Deposit for Confirmation of Exemption (Rule 21)

$1,000 per Application. If needed, additional staff hours are charged at a rate of $95/hour; recovery for other MPWMD actual direct costs will be additional if not covered by the initial $1,000 fee; unused funds will be refunded

Application Fee Deposit to Create/Establish or Amend a WDS, Level 1 Permit (Rules 21 and 22)

$1,200 per Application. If needed additional staff hours are charged at a rate of $95/hour; recovery for other MPWMD actual direct costs will be additional if not covered by the initial $1,200 fee; unused funds will be refunded

Application Fee Deposit to Create/Establish or Amend a WDS, Level 2 Permit (Rules 21 and 22)

$1,200 per Application. If needed, additional staff hours are charged at a rate of $95/hour; recovery for other MPWMD actual direct costs will be additional if not covered by the initial $1,200 fee; unused funds will be refunded

Application Fee Deposit to Create/Establish or Amend a WDS, Level 3 Permit (Rules 21 and 22)

$3,000 per Application. If needed, additional staff hours are charged at a rate of $95/hour; recovery of other MPWMD actual direct costs will be additional if not covered by the initial $3,000 fee; unused funds will be refunded

WDS Permit Pre-Application Consultation (Rule 22)

There shall be no charge for the first hour of consultation with MPWMD staff regarding the WDS Permit process. An Application Form and associated fee must be submitted after the first hour unless otherwise determined by the General Manager due to unusual circumstances

Application to Create/Establish a Water Distribution System or Amend a Water Distribution System Creation Permit -- Deposit for Unusually Complex Projects: “Unusually complex projects” are defined as projects requiring MPWMD staff time substantially in excess of the hours stated in the Application Fee to Create a Water Distribution System. In these situations, staff will review the cumulative total of hours and expenses accrued each quarter (January, April, July and October). The applicant will be billed if the quarterly unpaid total is more than $500 over the initial fee. The applicant must pay the overage within 30 days of the invoice for staff to continue processing the application. The Confirmation of Exemption or WDS Permit is not signed and recorded until all fees are paid (Rules 21 and 22)

Determined on a case-by-case basis by the General Manager based on staff hours and legal review needed

Application to Create/Establish a Water Distribution System or Amend a Water Distribution System Creation Permit – Legal Fees: Any legal work performed by MPWMD Counsel associated with the Application is charged to the Applicant at actual cost, based on the hourly rate of retained MPWMD legal counsel at the time services are rendered (Rule 22)

Actual cost, based on the hourly rate of retained MPWMD legal counsel at the time services are rendered

Application to Create/Establish a Water Distribution System or Amend a Water Distribution System Creation Permit – Unused Funds (Rule 22)

Unused deposits or Application fee will result in a refund of unused funds to the Applicant

Water Permit to Reinstall Meter (Former use documented under Rule 25.5)

No Fee

Application to Split an Existing Meter

No Fee

222

Application for Temporary Water Permit (Rule 23)

$350 per structure plus $70/hour for more than 5 hours

Application for Non-Residential Water Permit (Rule 23)

$350 per structure plus $70/hour for more than 5 hours

Plan Check for Non-Residential Waivers

$105 per structure

Application for Residential Water Permit (Rule 23)

$210 per Dwelling Unit plus $70/hour for more than 3 hours

Plan Check for Residential Waivers

$105 per Dwelling Unit

Connection Charges (Moderate Income Housing) (Rule 24.5)

50% of ~~Connection Charge~~Capacity Fees set pursuant to Rule 24

Connection Charges -- (Low-Income Housing) (Rule 24.5)

Exempt from ~~Connection Charge~~Capacity Fees set pursuant to Rule 24

~~Connection Charge~~Capacity Fees - Residential and Non-Residential Water Permits

See Rule 24

Recalculation of Final ~~Connection Charge~~Capacity Fees (Rule 23)

$70 per hour of staff time for all necessary efforts in excess of five hours per Site

Direct Costs - Publication Expenses, Filing Fees, Etc. (Rule 60)

Actual cost incurred by District - Applies to Water Distribution System Permits only

Permit Fee Payment Plans (Limited to California Non-Profit Public Benefit Corporations and requires Board approval and finding of substantial financial hardship) (Rule 24)

Deferred interest rate set by the Board

Pre-Application Consulting relating to Water Permits (First 30 minutes free) (Rule 20)

$210 plus $70 per hour for more than 3 hours

Refund of ~~Connection Charge~~Capacity Fees (Rule 24)

$70 processing fee

River Work Permits (see separate list below)

Water Entitlement Related Activity - (see separate list below)

Water Use Credits - On-Site Credits (see separate list below)

Water Use Credits – Transfers (see separate list below)

Document Preparation, Processing, Review or Retrieval (Rule 60)

Deed Preparation and Review by Staff

$105 per transaction. Included in Standard Water Permit processing fees

Direct Costs -- Publication Expenses, Etc.

Actual cost incurred by District

Direct Costs for Deed Restrictions -- Courier Charge, Federal Express

Actual cost incurred by District when less than three deed restrictions are being transported

Direct Costs for Deed Restrictions - Courier Charge, Expedited Service

$110 per occurrence. Charged the hourly rate of $70 per hour for MPWMD staff time, including direct costs incurred from courier service

Document Recordation (if separate from review or preparation)

Actual cost incurred by District (document lengths vary)

Legal Review performed by MPMWD Counsel on Deed Restrictions Related to Appeals, Permits, Variances, Water Use Credits, or other Activities

Charged at the hourly rate of retained MPWMD legal counsel at the time services are rendered

Expanded Water Conservation and Standby Rationing Plan

Water Waste Notification Processing (first notice) (Rule 171)

No charge

Water Waste Fee (each Flagrant Violation) (Rule 171)

$50 per occurrence

Water Waste Notification Processing (second and subsequent violation) (Rule 171)

No charge

Water Waste Fee (second and subsequent violations within 18 months of original violation) (Rule 171)

$150 per occurrence

Misrepresentation of resident survey information during Stage 4, 5, 6 and 7 (Rule 170)

$250 for each offense. Each separate day or portion thereof during which any violation occurs or continues without a good-faith effort by the responsible Water User to correct the violation. See Rule 170.

Publication Fees

MPWMD Rules & Regulations (Rule 60)

$27 per copy

Photocopies (Rule 60)

Ten (10) cents per page

Well Registration Form (Rule 52)

$25 per Form

Rationing Liens (Rule 60)

Deed Preparation (Lien Release) and Review by Staff

$105 per transaction

Direct Costs for Deed Restrictions - Courier Charge, Federal Express

Actual cost incurred by District when less than three deed restrictions are being transported

Document Recordations (if separate from review or preparation)

Actual cost incurred by District

Direct Costs for Deed Restrictions - Courier Charge, Expedited Service

$110 per occurrence. Charged the hourly rate of $70 per hour for MPWMD staff time, including direct costs incurred from courier service

Legal Review performed by MPWMD Counsel on Deed Restrictions Related to Appeals, Permits, Variances, Water Use Credits, or other Activities

Charged at the hourly rate of retained MPWMD legal counsel at the time services are rendered

Rebate Processing

Application for Rebate

No charge

River Work Permits (Rules 126 and 127)

Minor River Work

$25 per application

River Work Permit

$50 per application

Emergency River Work

$50 per application

Unusually Complex Applications

~~$70 per hour for MPWMD staff time in excess of five (5) hours per application, including direct costs incurred~~Actual cost incurred by District for MPWMD staff time in excess of five (5) hours per application plus direct costs

Inspection Activities (Rule 110)

Cancellation of Inspection (less than 24 hours notice)

$70 per inspection

No-Show; Failure to Provide Access for Scheduled Inspection

$70 per inspection

Conservation Verification Inspection Pursuant to Rule 143 and 144 (Retrofit of Existing Commercial Uses and Change of Ownership or Use)

No Charge

Site Inspection (pre-application, or not associated with a planned application, or inspection to document Non-Residential retrofit pursuant to Rule 25.5

$105 per inspection

Re-Inspection (original inspection not in compliance)

$105 per inspection

Repeat Inspection (overlooked fixtures or failure to show all fixtures)

$70 per inspection

Variance

See “Action on any Appeal/Variance” section, above.

Water Use Permit Fees (Rule 23.5)

Amendment to a Water Use Permit (Water Entitlement Process) (also may require ~~Connection Charge~~Capacity Fees pursuant to Rule 24)

$350 plus $70/hour for more than 5 hours

Application for Water Use Permit (Water Entitlement Process) (also may require Connection Charges pursuant to Rule 24)

$210 per Site plus $70/hour for more than 3 hours; also see Rule 24

Water Use Permit Monitoring (Water Entitlement Process) (Rule 23.5)

$70 plus $70/hour for more than 1 hour

3rd Party Consulting or Ancillary Costs (Rule 23.5)

Actual cost incurred by District

Legal work performed by MPMWD Counsel on Water Entitlement Related Actions (Rule 23.5)

Charged at the hourly rate of retained MPWMD legal counsel at the time services are rendered

Direct Costs – Courier Charge, Federal Express Charges

Actual cost incurred by District when less than three deed restrictions are being transported

Water Use Credits and On-Site Credit Activity (Rule 25.5)

Extension of a prior documented On-Site Water Use Credit

$70 plus $70 per hour for more than 1 hour

Documentation of Water Use Credit -- Non-Residential (Rule 25.5)

$105 plus $70 per hour for more than 1.5 hours

3rd Party Consulting or Ancillary Costs incurred to verify water use savings

Actual cost incurred by District

Water Credit Transfer Activity (Rule 28)

Application to Transfer a Water Use Credit (originating Site)

$2100 plus $70 per hour for more than 30 hours

Application for a Water Permit utilizing a Water Credit Transfer (receiving Site)

$700 plus $70 per hour for more than 10 hours

Complex Transfer fee for projects proposing to save water by means of new water saving technology

$2800 plus $70 per hour for more than 40 hours

3rd Party Consulting or Ancillary Costs incurred to review transfer

Actual cost incurred by District

Water Waste Fees (Rules 160 and 171)

Fee amounts are tripled for customers using over 1 million gallons/year

First offense

No fee: Written notice and opportunity to correct the situation

8384

Fee for ~~each~~ first Flagrant Violation during Stages 1-4

$50 100 ~~per occurrence~~

8485

Fee for second ~~subsequent~~ ~~violation~~sFlagrant Violation within 182 months during Stages 1-4

$~~150~~ 250 ~~per occurrence~~

Fee for third and subsequent Flagrant Violations within 12 months during Stages 1-4

$500

Fee for the first Flagrant Violation during Stages 5-7

$150

Fee for subsequent Flagrant Violations within 12 months during Stages 5-7

$500

Fee for Administrative Compliance Order or Cease & Desist Order

Up to $2,500 per day for each ongoing violation, except that the total administrative penalty shall not exceed one hundred thousand dollars

($100,000.00) exclusive of administrative costs, interest and restitution for compliance

re-inspections, for any related series of violations

Late payment charges

Half of one percent of the amount owed per month

Well Monitoring Activity (Rule 52)

8591

Registration of an Existing Well --Non-Public Entities

$10 per Registration

8692

Registration of an Existing Well -- Public Entities

No Fee

8793

Registration of a New Well -- Non-Public Entities

No Fee

8894

Registration of a New Well -- Public Entities

No Fee

8995

Well Registration Form

$25 per Form

9096

Application to Convert Water Well to Monitor Well

$25 Application Fee

$500 Conversion Fee (upon application approval)

Table added by Ordinance No. 120 (3/21/2005); amended by Resolution No. 2005-06 (8/12/2005): Resolution 2007-02 (4/16/2007); Resolution 2007-06 (5/21/2007); Resolution 2010-09 (7/19/2010); Resolution 2014-05 (4/24/2014); Resolution 2014-XX (07/22/2014)

U:\staff\Board_Committees\Admin\2014\20140714\03\item3_exh3b.docx