34A-2-125 Fee on certain concentrated animal feeding operations--Subfund created.
Fee on certain concentrated animal feeding operations--Subfund created.
addition to any other tax or fee levied by law, and notwithstanding the provisions of § 34A-2-117,
there is hereby imposed an annual fee on all concentrated animal feeding operations that are required
to operate under a general or individual water pollution control permit issued under chapter 34A-2
or required to obtain approval of plans and specifications submitted after July 1, 1997, pursuant to
§ 34A-2-27. The fee is two hundred fifty dollars for operations with two thousand or more animal
units, one hundred seventy-five dollars for operations with one thousand to one thousand nine
hundred ninety-nine animal units, and one hundred dollars for operations with less than one thousand
animal units. The obligation to pay the fee is on the person filing the application for the water
pollution control permit or the person required to obtain plans and specifications approval and
accrues on July first of each year. By August first of each year, the Department of Environment and
Natural Resources shall submit a billing to each person obligated to pay the fee. The fee is due and
payable by September thirtieth and shall be remitted to the Department of Revenue.
There is hereby established in the environment and natural resources fee fund established in § 1-40-30 the concentrated animal feeding operation administrative subfund. The subfund consists of
moneys from public and private sources including legislative appropriations, federal grants, gifts,
and fees received pursuant to this section. The subfund shall be maintained separately and be
administered by the Department of Environment and Natural Resources in order to defray the
expenses associated with administering the concentrated animal feeding operation program.
Expenditures from the subfund shall be appropriated through the normal budget process.
Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature.
Source: SL 1997, ch 209, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.