Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
Board
Virginia Waste Management Board

General Notice
Public Comment Opportunity - Amendment of 9VAC20-90 - Solid Waste Management Permit Action Fees and Annual Fees
Date Posted: 5/13/2010
Expiration Date: 5/27/2010
Submitted to Registrar for publication: NO
No comment forum defined for this notice.

 

Notice of action: The Virginia Waste Management Board is considering the amendment of a regulation on annual fees for nonhazardous solid waste facilities.  A regulation is a general rule governing people's rights or conduct that is upheld by a state agency.
 
Regulations affected: The regulations of the board affected by this regulatory action are as follows: Solid Waste Management Permit Action Fees and Annual Fees (9VAC20-90).
 
Purpose of notice: The board is seeking comments through the Department of Environmental Quality (DEQ) on the (i) proposal, (ii) costs and benefits of the proposal, (iii) effects of the proposal on farm and forest land preservation, and (iv) impacts of the proposal on small businesses.
 
Public comment period: May 14, 2010 to May 27, 2010. No public hearing will be held.
 
Public comment stage: Exempt Final.
 
Description of proposal: The major provisions of the proposal are summarized below: 1. Provision for an increase in the annual fees to allow DEQ to recover revenue lost from the general fund appropriations under Item 354 of House Bill 30, as amended and enacted by the 2010 General Assembly;
2. Provision for a predictable annual adjustment of annual fees in order to cover changes in the direct costs for administration, compliance and enforcement of nonhazardous solid waste permits; and
3. Provision for a cap on the amount of total fees collected from nonhazardous waste facilities.
 
This notice is being given solely for the purpose of soliciting public comment on the amendment and not for the purpose of satisfying any public participation provision of federal regulation or state law. 
 
Locality particularly affected: There is no locality which will bear any identified disproportionate material environmental impact due to the proposal which would not be experienced by other localities.
 
How to comment: DEQ accepts written comments by email, fax, and postal mail.  All written comments must include the full name, address and telephone number of the person commenting and be received by DEQ by the last day of the comment period.  Commenters sending faxes are encouraged to provide the signed original within one week. 
 
To review regulation documents: The proposal is abailable below and on the Town Hall web site (http://www.townhall.virginia.gov) under general notices for the Virginia Waste Management Board. The documents may also be obtained by contacting the DEQ representative named below.
 

9VAC20-90-65. Payment of annual fees.
A. Operators of permitted solid waste management facilities shall pay annual fees based on the requirements of this part section. An annual fee is required for each activity occurring at a permitted facility.
1. Annual fees, including those that are based on annual tonnage shall be calculated using the procedures in 9VAC20-90-115.
2. For facilities engaged in multiple activities under the provisions of a single permit, an operator shall pay multiple annual fees. These activities and the associated fees are provided in Table 4.1 of 9VAC20-90-130.
3. Annual fees assessed for single or multiple activities conducted under a permit reflect the time and complexity of inspecting and monitoring the different categories of facilities identified in § 10.1-1402.1:1 of the Code of Virginia.  
B. Due date.
1. Submission date. The department may bill the operator for amounts due or becoming due in the immediate future. Payments are due on or before October 1, or 30 days after receipt of a bill from the department, whichever comes later, unless the operator is using the deferred payment or quarter payment option. Each operator of a permitted waste management facility shall be assessed an annual fee as shown in Table 4.1 of 9VAC20-90-130. Except as specified in subdivisions subdivision 2 and 3 of this subsection, all annual fees are submitted on a yearly basis and are due on or before October 1 (for the preceding annual year). Annual fees, including those that are based on annual tonnage shall be calculated using the procedures in 9VAC20-90-115. Annual tonnage will be determined from the total amount of waste reported as having been either landfilled or incinerated on Form DEQ 50-25 for the preceding year pursuant to the Waste Information Assessment Program (9VAC20-80-115 and 9VAC20-130-165).
2. All fees to be paid in 2004 will be submitted on or before October 1, 2004, (for the 2003 annual year) unless the operator of a facility submits a written request to the department prior to that date requesting a deferred payment until January 1, 2005. Requests for deferral will be sent to the address listed in subdivision C 2 of this section. No deferred payment will be allowed for facilities opting to use a quarter payment schedule. Subsequent annual payments will be submitted on or before the first day of October (for the preceding annual year).
3. Optional quarter payment. Facility operators that are required to pay annual fees exceeding $8,000 for single or multiple permits may submit four equal payments totaling the annual fee on or before October 1, January 1, April 1, and June 1. The annual payment cycle for quarter payments will begin with the October 1 payment and will end with the June 1 payment. Those facilities opting for the quarter payment schedule shall accompany all payments with a copy of DEQ form PF001.
4.3. Late quarter payments. If the quarter payment is not paid by the deadline, DEQ may, in addition to seeking other remedies available under the law, issue a notice of failure to pay. The notice shall require payment of the entire remainder of the annual fee payment within 30 days of the date of the notice, or inform the owner that he is ineligible to opt for the quarter payment schedule until eligibility is reinstated by written notice from the department, or both.
C. Method of payment. 1. The operator of the facility shall send a payment transmittal letter to the Department of Environmental Quality. The letter shall contain the name and permit number of the facility, the Federal Identification Number (FIN) for the facility or operator, the amount of the annual fee, and for sanitary landfills and incinerators, the waste reported as landfilled or incinerated on Form DEQ 50-25 for the preceding year pursuant to the Waste Information Assessment Program (9VAC20-80-115 and 9VAC20-130-165). In addition, a copy of the transmittal letter will be placed in the facility's operating record. 2. Fees shall be paid by check, draft or postal money order made payable to "Treasurer of Virginia/DEQ," and shall be sent to the Department of Environmental Quality, Receipts Control, P.O. Box 10150, 1104, Richmond, VA 23240 23218. When the department is able to accept electronic payments, payments may be submitted electronically. The payment transmittal letter required in subdivision 1 of this subsection shall accompany the payment.
D. Incomplete payments. All incomplete payments will be deemed nonpayments.
E. Late payment of annual fee. Interest may be charged for late payments at the underpayment rate set out by the U.S. Internal Revenue Service established pursuant to Section 6621(a)(2) of the Internal Revenue Code. This rate is prescribed in § 58.1-15 of the Code of Virginia and is calculated on a monthly basis at the applicable periodic rate. A 10% late payment fee may be charged to any delinquent (over 90 days past due) account. The Department of Environmental Quality is entitled to all remedies available under the Code of Virginia in collecting any past due amount and may recover any attorney's fees and other administrative costs incurred in pursuing and collecting any past due amount.
F. Annual fees received by the department shall be deposited in the Virginia Waste Management Permit Program Fund and used exclusively for the solid waste management program as set forth in the Code of Virginia.
9VAC20-90-115. Annual fee calculation.
A. General. All persons operating a sanitary landfill or other facility 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.
B. Fee calculation. The amount of the annual fees to be submitted for a specified year shall be calculated according to the following formulae:

 
F =
B x A x C
 
A =
1+ (P/100)
 
C =
1 + ?CPI
 
?CPI =
CPI - 215.15
215.15

where:
F = the annual fee amount due for the specified calendar year, expressed in dollars.
B  = the base fee rate for the type of facility determined as provided in subdivisions 1, 2 and 3 of this subsection, expressed in dollars.
A  = the direct cost adjustment factor.
P  = 80.0
?CPI = the difference between CPI and 215.15 (the average of the Consumer Price Index values for all-urban consumers for the 12-month period ending on April 30, 2009).
CPI = the average of the Consumer Price Index values for all-urban consumers for the 12-month period ending on April 30 of the calendar year before the specified year for which the permit maintenance 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).
1. Values for the base fee rate (B) for annual Annual fees are provided in Table 4.1, Base Fee Rates for Annual Waste Management Facility Fees, in 9VAC20-90-130.
2. Values for base fee rates (B) Annual fees that include an additional fee are based on tonnage shall be calculated using the procedures in this section subdivision. Annual tonnage will be determined from the total amount of waste reported as having been either landfilled or incinerated on Form DEQ 50-25 for the preceding year pursuant to the Waste Information Assessment Program (9VAC20-80-115 and 9VAC20-130-165).
B. Fee calculation.
a. Base fee rates (B) for sanitary Sanitary landfills are required to submit include the base tonnage fee rate plus a an additional fee amount per ton of waste over the base tonnage that is landfilled, based on the tonnage reported on the previous year's Solid Waste Information Reporting Table, Form DEQ 50-25. For example, the base fee rate (B) for a sanitary landfill that reported 120,580 tons of waste landfilled for the previous year, is the $10,000 base tonnage fee rate for a facility landfilling 100,001 to 250,000 tons of waste, plus an additional fee amount of $0.09 per ton of waste landfilled over the base tonnage , as provided in Table 4.1. The base fee rate (B) for this facility is $10,000 + [(120,580 tons - 100,001 tons) x $0.09/ton] = $11,852. The base tonnage fee rate and the additional fee amount per ton vary with the tonnage of the waste that the facility landfilled.
b. Base fee rates (B) for incinerators are Incinerators are required to submit a fee based only on the amount of waste incinerated as reported on the previous year's Solid Waste Information Reporting Table, Form DEQ 50-25.  For example, the base fee rate (B) for an incinerator that reported 501,230 tons of waste incinerated for the previous year, is $5000 for a facility incinerating 100,001 or more tons of waste, as provided in Table 4.1.  Incinerator fees vary with the tonnage of waste that the facility incinerated.
c. The tonnage Tonnage used in to determine the base fee rate (B) calculation will shall be rounded to the nearest full ton of waste.
3. Base fee rates (B) for other Other facilities are required to submit based only an annual fee based on the facility type. Fees shall be rounded to the nearest dollar. For example, the base fee rate (B) in 9VAC20-90-130, Table 4.1 for a composting facility is $500.
4. Calculation of the 2010 annual fee (F) for the composting facility discussed in subdivision 3 of this subsection is provided as an example:
CPI = 215.15 (the average of CPI values from May 1, 2008 to April 30, 2009, inclusive would be used for the 2010 annual fee calculation).
?CPI = zero for the 2010 annual fee calculation (i.e., CPI - 215.15 = 215.15 - 215.15 = zero). (Note: ?CPI for other years would not be zero.)
C = 1.0 for the 2010 annual fee calculation (i.e., 1 + ? CPI = 1 + zero = 1.0).
B = $500 (i.e. the value of the base fee rate for the example composting facility in subdivision 3 of this subsection).
A = 1.80 (i.e., (1 + P/100) = 1.0 + (80.0/100) = 1.80).
F = $900 for the 2010 annual fee calculation for this example composting facility (i.e., $500 x 1.80 x 1.0 = $900).
Examples:
1. A composting facility is required to submit only the base fee in Table 4.1.
Composting facility annual fee = base fee = $500.
2. A sanitary landfill that reported 120,580 tons landfilled on the Solid Waste Information Reporting Table, Form DEQ 50-25, from the previous year, is required to submit a base tonnage fee plus an additional fee per ton of waste over the base tonnage as provided in Table 4.1. The base fee and the fee per ton vary with the tonnage of the waste that the facility landfilled.
Sanitary landfill annual fee = base tonnage fee + (tonnage landfilled from previous year's waste information assessment—base tonnage) x fee per ton = $10,000 + (120,580 tons-100,001 tons) x $0.09/ton = $11,852.
3. An incinerator that reported 501,230 tons incinerated on the Solid Waste Information Reporting Table, Form DEQ 50-25, from the previous year, is required to submit the fee required in Table 4.1. Incinerator fees vary with the tonnage of waste that the facility incinerated.
Incinerator annual fee = annual fee associated with the tonnage incinerated = $5000.
C. Weight/volume conversions. For facilities required to pay annual fees based on the tonnage of the waste landfilled or incinerated, the annual fee shall be based on the accurate weight of waste. If scales are unavailable, the volume of the waste landfilled or incinerated by the facility must be multiplied by 0.50 tons per cubic yard to determine the weight of the waste landfilled or incinerated. If the volume of waste is used to determine the tonnage of waste landfilled or 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 landfilled or 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.
H. Transition from closure to post-closure care. Landfills entering post-closure care will pay the full annual fee for an active facility if they were operating, were inactive or were conducting closure activities at any time during the calendar year. Landfills in post-closure care for a full calendar year (January 1 through December 31) will pay the annual fee for post-closure care provided in Table 4.1. The post-closure care period will begin on the date provided in 9VAC20-80-250 E 7, 9VAC20-80-260 E 6, or 9VAC20-80-270 E 6 as applicable.
I. The total annual sum of annual fees and permit application fees collected by the board from sanitary landfills and other nonhazardous solid waste facilities shall not exceed 60 percent of the direct costs of (i) processing an application to issue, reissue, amend or modify permits, and (ii) performing inspections and enforcement actions necessary to assure the compliance with permits issued for any sanitary landfill and other facility for the disposal, treatment or storage of nonhazardous solid waste. The Director shall take whatever action is necessary to ensure that this limit is not exceeded.
9VAC20-90-130. Annual Base fee rate schedules.

TABLE 4.1. ANNUAL WASTE MANAGEMENT FACILITY FEES.
Category of Facility/Activity
Annual Fee
1. Noncaptive industrial landfills
$8,000
2. Construction and demolition debris landfills
$4,000
3. Sanitary landfills shall be assessed a two part fee based on their annual tonnage as follows:
 
Base Tonnage to Maximum Tonnage
Base Tonnage Fee
Additional Fee Per Ton Over Base Tonnage
Name / Title: Gary E. Graham 
Address: 629 East Main Street
P.O. Box 1105
Richmond, 23218
Email Address: gary.graham@deq.virginia.gov
Telephone: (804)698-4103    FAX: (804)698-4510    TDD: ()-