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 9VAC20-90-113 - Annual fee calculation for incinerators and energy recovery facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. General. All
				  persons operating an incinerator or energy recovery facility 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 rate is $0.055 per
				  ton.
B. Fee calculation. Annual
				  tonnage will be determined from the total amount of waste reported as having
				  been incinerated 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 number of tons of waste incinerated
				  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 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 incinerated, the annual fee shall be based on the accurate weight of
				  waste. If scales are unavailable, the volume of the waste incinerated by the
				  facility must be multiplied by 0.50 tons per cubic yard to determine the weight
				  of the waste incinerated. If the volume of waste is used to determine the
				  tonnage of waste incinerated, 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 incinerated 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.
Statutory Authority
§ 10.1-1402 of the Code of
						Virginia.