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 9VAC20-90-115 - Annual fee calculation for other types of facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. General. All persons operating a
				  composting facility, regulated medical waste facility, materials recovery
				  facility, transfer station, landfill in post-closure care, or active captive
				  industrial landfill that is 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 rates are provided in
				  Table 4.1 of
				  9VAC20-90-130. Active captive
				  industrial landfills shall submit Form DEQ 50-25 to the department to indicate
				  if the landfill is a small landfill or large landfill based on the total amount
				  of waste landfilled during the preceding calendar year.
B. Fee calculation. Annual fees shall be 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 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.
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.