Water Pollution (Fees) Regulations, 2019 (L. N. No. 311)

LEGAL NOTICE NO. 311 REPUBLIC OF TRINIDAD AND TOBAGO ENVIRONMENTAL MANAGEMENT ACT, CHAPTER 35:05 REGULATIONS MADE BY THE MINISTER UNDER SECTION 96(2) OF THE ENVIRONMENTAL MANAGEMENT ACT, CHAPTER 35:05 WATER POLLUTION (FEES) REGULATIONS, 2019 1. These Regulations may be cited as the Water Pollution (Fees) Regulations, 2019. 2. In these Regulations– “Rule” means a rule of the Water Pollution Rules, 2019. 3. The fees payable to the Environmental Management Authority are set out as follows: (1) in Schedule I, the initial and renewal application fees; (2) in Schedule II, the calculation for the annual discharge fee; and (3) in Schedule III, all other fees payable. 4. The Water Pollution (Fees) Regulations, 2001 are revoked. SCHEDULE I APPLICATION FEES Facility Type Effluent Discharge Initial Renewal Volume (m3/day) Application Fee TT$ Application Fee TT$ micro-/mini <10 14,000 5,800 small 10-100 15,000 5,900 medium 100-500 18,000 6,400 large >500 20,000 6,600 SCHEDULE II ANNUAL DISCHARGE FEE Annual Discharge Fee Formula– DF= MI + B — U DF is the annual discharge fee; MI is the annual monitoring and inspection fee per facility; B is the pollutant discharge fee considering the sensitivity of the receiving environment (annual for all relevant pollutants and for all discharge points); U is the savings fee from the beneficial use of effluent (annual for all discharge points used for irrigation or other beneficial use). Legal Supplement Part B–Vol. 58, No. 139–10th October, 2019 709 Citation Interpretation Fees L.N. No. 142 of 2001 revoked 710 Water Pollution (Fees) Regulations, 2019 Calculation of Annual Discharge Fee– 1. Monitoring and Inspection Fee Adding the costs associated with monitoring and inspection (M.I.), which include the costs for direct labour hours and materials that involve site visits. Facility Type Effluent Discharge Volume M.I. Fee per annum (m3/day) TT$ micro-/mini <10 5,000 small 10-100 15,000 medium 100-500 50,000 large >500 100,000 2. Calculation of Pollutant Discharge Fee For each parameter, p, the pollutant load (Lp) (in tonnes) for the calendar year is calculated by averaging the concentrations (Ci) and multiplying this by the total volume that is discharged for the year (or part thereof)– Pollutant Load (Lp) = [Ci1 + Ci2 + ………… Cix]/x Total Volume Discharged (for the year or part thereof) The pollutant load for each parameter is multiplied by the per tonne discharge fee rate (Rp) and summed to give the base discharge fee, B– B = LpRp This is calculated per effluent discharge. Parameters Fee Rate (R) $TT/Tonne Temperature (fee is per 1 million litres) where >Permissible Level 40 pH (fee is per 1 million litres) pH <6 or >9 335 Five Day Biological Oxygen Demand (BOD5 at 20 oC) 150 Sulphide (H2S) 150 Total Residual Chlorine (as Cl2) 150 Dissolved Hexavalent Chromium (Cr6+) 3500 Chloride (as Cl-) 75 Total Petroleum Hydrocarbons (TPH) 250 Phenolic Compounds (as phenol) 250 Chemical Oxygen Demand (COD) 75 Ammoniacal Nitrogen (as NH3—N) 250 Total Phosphorous (as P) 250 Total Oil and Grease (TO&G) or n-Hexane Extractable Material (HEM) 250 Total Suspended Solids (TSS) 75 Total Arsenic (As) 150 Water Pollution (Fees) Regulations, 2019 711 Total Cadmium (Cd) 3500 Total Chromium (Cr) 250 Total Copper (Cu) 100 Total Nickel (Ni) 100 Total Iron (Fe) 100 Total Lead (Pb) 350 Total Mercury (Hg) 10,000 Total Zinc (Zn) 50 Total Cyanide (CN-) 10,000 Faecal Coliform (fee rate is in $/1,000,000 litres)– (a) 400—5000 counts per ml 250 (b) 5000—20000 counts per ml 500 (c) More than 20000 counts per ml 750 3. Beneficial Use The discounting for the beneficial use of the discharge means that the discharge generated meets a specified standard that can be used for irrigation or some other approved use. Beneficial use (U) is to only be applied in instances where it has been demonstrated and verified that the effluent is having the desired effect. SCHEDULE III Rule 15(1) Application for Changes after Grant of Permit $1,000.00 Rule 16(4) Application for Variation of Permit $10,000.00 but not exceeding $150,000.00 Rule 17(4) Application for Transfer of Permit $500.00 Rule 26(1) Application that Information Supplied be omitted $250.00 from the Water Polluters Register All fees shall be paid immediately upon submission of an application save and except annual permit fees which shall be payable on the anniversary date of the grant of a new or renewed permit. Dated the 9th day of October, 2019. C. ROBINSON-REGIS Minister of the Planning and Development PRINTED BY THE GOVERNMENT PRINTER, CARONI REPUBLIC OF TRINIDAD AND TOBAGO–2019