340-105-0113 Fee Schedules (1) Management Facility Annual Compliance Determination Fee: (a) Each permitted or interim status Hazardous Waste Management Facility subject to 40 C.F.R. Sections 264, 265, 270 and OAR 340, with an active operating hazardous waste management unit(s), a hazardous waste management unit(s) undergoing closure (including any required closure certification), or a hazardous waste management unit(s) in post-closure, must pay the Annual Compliance Determination Fee(s) set forth in section (3). (b) In calculating the Annual Compliance Determination Fee, the Department shall not include an inactive unit, or units, in post-closure, with a release or releases subject to corrective action. (c) Where a facility has unit(s) that become subject to corrective action cost recovery, the Department shall prorate the Annual Compliance Determination Fee for that year based on the period before corrective action cost recovery is implemented. (2) Where more than one hazardous waste management activity takes place at a single facility, the Department will assess all of the applicable category Annual Compliance Determination Fees in 340-105-0113(3). (3) Annual Compliance Determination Fees: (a) Storage — $24,500. (b) Treatment: (A) Single Technology — $49,500. (B) Multiple Technology — $98,500. (c) Disposal Facility: (A) Single Disposal Unit — $98,500. (B) Multiple Disposal Units — $196,500. (d) Post-Closure Facility — $24,500. (e) Permitted Operating Hazardous Waste Disposal Administrative Fee: In addition to the fee assessed under paragraph (c) of this section, the Department will assess operating permitted disposal facilities an annual administrative fee of $5.50 per metric ton of waste disposed into a permitted Subtitle C land disposal unit. A facility subject to this fee may elect to pay on a monthly or quarterly basis. (4) Permit Modification Fee: Upon discussion with the permittee to determine the appropriate permit modification classification, the Department will assess the applicant for any permit modification, excluding modifications related to corrective action, as follows: (a) Each Class 1 Permit Modifications: $4,500. (b) Class 2 Permit Modifications: (A) The permittee must submit a separate permit modification request for each unrelated category of Class 2 permit change in 40 C.F.R. Section 270.42, Appendix 1. (B) Each Class 2 Permit Modifications: $31,800. (c) Each Class 3 Permit Modifications: $49,300. (d) If the permittee withdraws any permit modification request, the Department shall refund 50% of the balance of the fee if paid in full, if the Department has done less than 50% of work to complete processing the action. (e) The Department shall also assess permittees fees under this section for agency-initiated, legally required modifications. (5) Hazardous Waste RCRA Exemption Fee: (a) The Department will assess each person(s) requesting the following activities a standard fee of $30,000: (A) Hazardous waste delisting or declassification under 40 C.F.R. Part 260 and ORS 466.015. (B) A variance from treatability or from the definition of hazardous waste or solid waste. (C) A petition for universal waste listing. (b) Within 60 days after receiving a request for a hazardous waste delisting and declassification, variance from treatability or from the definition of hazardous waste or solid waste, or hazardous waste petition for a universal waste listing, the Department may determine that the nature of the request, including the complexity of the proposed action and the factors required to be met for the request to be processed, indicate that a higher fee would be required. If the Department makes such a determination, the Department will require the requestor to pay a higher fee, but not to exceed an additional $100,000. The Department will notify the person requesting the exemption that an additional fee is required. Upon receiving such a notification, the person may discuss with the Department the amount of the fee and the scope of the Department’s regulatory activities associated with investigating and processing the request. The person may withdraw the request or petition and be eligible for a refund of fees paid as described in paragraph (c) of this section. (c) If the person requesting the exemption withdraws a request for a hazardous waste delisting and declassification, variance from treatability, or from the definition of hazardous waste or solid waste, or hazardous waste petition for universal waste listing, the Department shall refund fees paid depending upon the timing of the withdrawal: (A) If the person withdraws the request or petition before or within 30 days of notification, the Department will estimate the effort to date and refund any excess fee balance. (B) If the person withdraws the request or petition more than 30 days after notification that an additional fee is required, the Department will refund 50% of the balance of the fee paid, if the Department has done less than 50% of the work to complete processing the requested action. [NOTE: View a PDF of 40 C.F.R. §270.42, Appendix I, by clicking on “Tables” link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 466.020, 466.075, 466.165, 466.195 & 468.020 Statutes/Other Implemented: ORS 466.045 & 466.165 History: DEQ 17-2019, amend filed 07/18/2019, effective 07/19/2019 DEQ 11-1998, f. & cert. ef. 6-26-98 DEQ 14-1997, f. & cert. ef. 7-23-97 DEQ 13-1991, f. & cert. ef. 8-5-91 DEQ 33-1989, f. & cert. ef. 12-14-89 DEQ 19-1989(Temp), f. & cert. ef. 7-31-89 (and corrected 8-3-89) DEQ 11-1988, f. & cert. ef. 5-19-88 DEQ 14-1987, f. & ef. 7-28-87 DEQ 22-1986, f. & ef. 12-19-86 DEQ 8-1985, f. & ef. 7-25-85