§ 10.1-1402.1:1. Annual fees for nonhazardous solid waste management facilities
A. In addition to the permit fees assessed and collected pursuant to § 10.1-1402.1, the Board shall collect an annual fee from any person operating a sanitary landfill or other facility permitted under this chapter for the disposal, storage, or treatment of nonhazardous solid waste. The fees shall be exempt from statewide indirect cost charged and assessed by the Department of Accounts. Annual fees shall reflect the time and complexity of inspecting and monitoring the different categories of facilities. Any annual fee that is based on volume shall be calculated using the tonnage reported by each facility pursuant to § 10.1-1413.1 for the preceding year. The annual fee shall be assessed as follows:
1. Noncaptive industrial landfills $8,000
2. Construction and demolition debris landfills $4,000
3. Sanitary landfills shall be assessed a fee based on their annual tonnage as
follows:
Annual Tonnage Base Fee Fee per ton
over base fee
Up to 10,000 $ 1,000
10,001 to 100,000 $ 1,000 $.09
100,001 to 250,000 $10,000 $.09
250,001 to 500,000 $23,500 $.075
500,001 to 1,000,000 $42,250 $.06
1,000,001 to 1,500,000 $72,250 $.05
Over 1,500,000 $97,250 $.04
4. Incinerators and energy recovery facilities shall be assessed a fee based
upon their annual tonnage as follows:
Annual Tonnage Fee
10,000 or less $2,000
10,001 to 50,000 $3,000
50,001 to 100,000 $4,000
100,001 or more $5,000
5. Other types of facilities shall be assessed an annual fee as follows:
Composting $500
Regulated medical waste $1,000
Materials recovery $2,000
Transfer station $2,000
Facilities in post-
closure care $500
B. The Board shall by regulation prescribe the manner and schedule for remitting fees imposed by this section and may allow for the quarterly payment of any such fees. The payment of any annual fee amounts owed shall be deferred until January 1, 2005, if the person subject to those fees submits a written request to the Department prior to October 1, 2004. The selection of this deferred payment option shall not reduce the amount owed.
C. The regulation shall include provisions allowing the Director to waive or reduce fees assessed during a state of emergency or for waste resulting from emergency response actions.
D. The Board may promulgate regulations establishing a schedule of reduced permit fees for facilities that have established a record of compliance with the terms and requirements of their permits and shall establish criteria, by regulation, to provide for reductions in the annual fee amount assessed for facilities based upon acceptance into the Department's programs to recognize excellent environmental performance.
E. 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.
(2004, cc. 249, 324.)
Sections: Previous 10.1-1400 10.1-1401 10.1-1402 10.1-1402.01 10.1-1402.1 10.1-1402.1:1 10.1-1402.2 10.1-1402.3 10.1-1403 10.1-1404 10.1-1405 10.1-1406 10.1-1406.1 10.1-1406.2 10.1-1407 NextLast modified: April 16, 2009