Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part XII - Permit Application And Annual Fees › Section 9VAC20-60-1283 - Determination of annual fee amount

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each operator of a hazardous waste
				  treatment, storage, or disposal facility shall be assessed an annual fee as
				  shown in 9VAC20-60-1285 E to be paid in
				  accordance with
				  9VAC20-60-1284.
B. Each large quantity generator of hazardous
				  waste shall be assessed an annual fee as shown in
				  9VAC20-60-1285 F to be paid in
				  accordance with
				  9VAC20-60-1284.
C. A hazardous waste treatment, storage, or
				  disposal facility operating under interim status and a facility subject to an
				  order or agreement operate by accession and shall be assessed an annual fee as
				  described in
				  9VAC20-60-1285 E to be paid in
				  accordance with
				  9VAC20-60-1284.
An order or agreement may be issued to the operator of a
					 facility, a generator, or a person who is both a facility operator and a
					 generator. If a person is issued an order or agreement whose terms allow that
					 person to conduct an activity that is by these regulations reserved for persons
					 operating a facility under a permit or interim status, that person shall be
					 considered to be operating a facility subject to an order or agreement. If the
					 order or agreement is issued to a generator and the terms of the order do not
					 allow that person to conduct any activity that is by these regulations reserved
					 for persons operating a facility under a permit or interim status and the
					 person is not otherwise operating a facility at the site of generation, that
					 person shall not be considered to be operating a facility subject to an order
					 or agreement.
D. Annual
				  fees are separate and accumulative. However, a facility that is assessed an
				  annual fee as a facility shall not also be assessed a second annual fee as a
				  large quantity generator for hazardous waste generated at that
				  facility.
E. Anyone who operates a
				  facility (including those described in subsections A and C of this section) or
				  who is a large quantity generator at any time during the year shall be assessed
				  the full annual fee amount no matter how short the period the facility is
				  operated or how briefly the generator is a large quantity generator. A
				  generator who is a large quantity generator episodically or provisionally
				  (having received a provisional EPA Identification Number) shall be assessed the
				  full annual fee for any year in which the generator was a large quantity
				  generator. For the evaluation of facility status or of generator status, the
				  annual year shall be considered to be from January 1 to December 31.
F. No annual fee as a facility or large
				  quantity generator will be assessed for emergency treatment, storage, or
				  disposal necessary for the remediation of abandoned or orphaned hazardous waste
				  by the U.S. Environmental Protection Agency, the Virginia Department of
				  Environmental Quality, the Virginia Department of Emergency Management, the
				  Virginia State Police, the Virginia Department of Transportation, a U.S.
				  Department of Defense Explosive Ordnance Disposal Team, a U.S. Army Technical
				  Escort Unit or other federal government entities trained in explosive or
				  munitions emergency response. No annual fee will be assessed for emergency
				  treatment, storage, or disposal when a determination has been made by the
				  Commonwealth that circumstances dictate expedient action to protect human
				  health and environmental quality.
Persons who are remediating a brownfield as defined in the
					 Brownfield Restoration and Land Renewal Act (§ 10.1-1230 et seq. of the
					 Code of Virginia) shall not be assessed an annual fee as a large quantity
					 generator with regard to hazardous waste management activities at a waste
					 management unit and that result from the remediation of the brownfield.
G. Discounted annual fees may be
				  offered based on the criteria listed in
				  9VAC20-60-1286. An operator of a
				  facility or a large quantity generator will be notified by the department if
				  discounted annual fees are applicable.
Statutory Authority: § 10.1-1402 of the Code of
						Virginia; 42 USC § 6921 et seq.; 40 CFR Parts 260 through
						272.