Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 90 - SOLID WASTE MANAGEMENT PERMIT ACTION FEES AND ANNUAL FEES › Part III - Determination of Fee Amount › Section 9VAC20-90-114 - Annual fee calculation for sanitary landfills, noncaptive industrial landfills, and construction and demolition debris landfills

Current through Register Vol. 40, No. 24, July 15, 2024
A. General. All persons operating a sanitary
				  landfill, noncaptive industrial landfill, or a construction and demolition
				  debris landfill permitted under the regulations outlined in
				  9VAC20-90-50 shall submit annual
				  fees according to the procedures provided in
				  9VAC20-90-65. Annual fees shall be
				  calculated using the procedures provided in subsection B of this section. Fees
				  shall be rounded to the nearest dollar. The 2010 base fee rate is $0.115 per
				  ton.
B. Fee calculation. Annual
				  tonnage will be determined from the total amount of waste reported as having
				  been landfilled on Form DEQ 50-25 for the preceding year pursuant to the Waste
				  Information Assessment Program (9VAC20-81-80 ). Annual
				  fees shall be calculated by multiplying the tons of waste landfilled (excluding
				  any ash landfilled that was generated by incinerators and energy recovery
				  facilities located in Virginia previously assessed a fee under
				  9VAC20-90-113 ) by the fee rate set
				  forth in subsection A of this section adjusted annually by the change in the
				  Consumer Price Index. The Consumer Price Index is the Consumer Price Index
				  values for all-urban consumers for the 12-month period ending on April 30 of
				  the calendar year preceding the year the annual fee is due. The Consumer Price
				  Index for all-urban consumers is published by the U.S. Department of Labor,
				  Bureau of Labor Statistics, U.S. All items, CUUR0000SA0. Landfills receiving
				  ash generated by incinerators and energy recovery facilities located in
				  Virginia previously assessed a fee under
				  9VAC20-90-113 shall report to the
				  board the amount of ash received from individual facilities on the Solid Waste
				  Information Reporting Table, Form DEQ 50-25. The tonnage of ash identified as
				  being generated by incinerators and energy recovery facilities previously
				  assessed a fee under
				  9VAC20-90-113 shall be exempted
				  from the annual fee assessed for sanitary landfills, construction and
				  demolition debris landfills, and noncaptive industrial landfills.
C. Weight/volume conversions. For facilities
				  required to pay annual fees based on the tonnage of the waste landfilled, the
				  annual fee shall be based on the accurate weight of waste. If scales are
				  unavailable, the volume of the waste landfilled by the facility must be
				  multiplied by 0.50 tons per cubic yard to determine the weight of the waste
				  landfilled. If the volume of waste is used to determine the tonnage of waste
				  landfilled, accurate and complete records of the waste received and managed
				  must be maintained in addition to the calculated weight records described in
				  this part. These records must be maintained onsite throughout the life of the
				  facility and made available to the department upon request.
D. Emergency. The director may waive or
				  reduce annual fees assessed during a state of emergency or for waste resulting
				  from an emergency response action. A facility operator may request a
				  determination if a given volume of waste landfilled in a given calendar year
				  qualifies for a waived or reduced fee by submitting documentation of the
				  emergency to the regional office where the facility is located. The request
				  will provide the name and permit number of the facility, a facility contact,
				  the nature of the emergency or response action, a description of the waste, and
				  an accurate accounting of the type and tonnage of waste managed as a result of
				  the emergency. Requests for a determination by the director must be submitted
				  by March 31 of the year following the emergency coincident with the solid waste
				  information assessment report. A separate request shall be provided for each
				  year if the emergency lasts for multiple years.
E. Annual fee discounts for environmental
				  excellence program participants are set out in
				  9VAC20-90-117.
F. The operator of a facility owned by a
				  private entity and subject to any fee imposed pursuant to this section shall
				  collect such fee as a surcharge on any fee schedule established pursuant to
				  law, ordinance, resolution, or contract for solid waste processing or disposal
				  operations at the facility.
G.
				  Closure. Facilities that remove all waste materials at the time of closure and
				  are subject only to closure requirements are subject to payment of the annual
				  fee if they were operating at any time during the calendar year.
H. Transition to post-closure care. Landfills
				  entering post-closure care will pay an annual fee as follows:
1. If the landfill received waste during the
				  previous calendar year, the annual fee will be based on the amount of waste
				  landfilled for the preceding year pursuant to the Waste Information Assessment
				  Program (9VAC20-81-80 ); or
2. If the landfill did not receive waste
				  during the previous calendar year and began post-closure care during the
				  previous calendar year as provided in
				  9VAC20-81-170, the landfill shall
				  be subject to the post-closure care annual fee.