11103438D
SENATE BILL NO. 1007
Senate Amendments in [ ] -- February 8, 2011
A BILL to amend and reenact § 10.1-1402.1:1 of the Code
of Virginia, relating to annual fees for nonhazardous solid waste management
facilities.
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Patron Prior to Engrossment--Senator Watkins
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Referred to Committee on Agriculture, Conservation and Natural
Resources
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Be it enacted by the General Assembly of Virginia:
1. That § 10.1-1402.1:1 of the Code of Virginia is
amended and reenacted as follows:
§ 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, and shall be
adjusted annually by the Consumer Price Index. 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, noncaptive industrial landfills, and
construction and demolition debris landfills shall be assessed a
fee based on their annual tonnage as follows: an annual fee of
$0.115 per ton.
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
42. Incinerators and energy recovery facilities shall be
assessed a an annual fee based upon their annual tonnage as
follows: of $0.06 per ton.
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
Incinerators and energy recovery facilities
that have already paid the Virginia per ton fee for disposal of ash are
exempted from paying at the landfill.
53. Other types of facilities shall be assessed an annual
fee as follows:
Composting $500 $1,200
Regulated medical waste $1,000 $2,500
Materials recovery $2,000 $4,500
Transfer station $2,000 $5,500
Facilities in post-
closure care $500 $1,000
The annual fee for active captive landfills shall be as
follows:
Small landfills (landfilling less than 100,000 tons per year $2,500
Large landfills (landfilling 100,000 tons or more per year) $7,500
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.
2. That the Department of Environmental Quality [ , in
consultation with the Virginia Waste Management Board, shall develop and
implement policies and procedures to maximize efficiency and eliminate
unnecessary delays in acting upon applications for waste management facility
permits and permit amendments. Such policies and procedures shall include the
following:
a. Establishment and enforcement of standardized
departmental deadlines for reviewing and acting upon permit applications;
b. Assignment of sufficient staff to ensure
compliance with deadlines, including assignment of staff from other regional
offices where necessary and appropriate;
c. Designation of a senior coordinator for each
major permit application who shall be responsible for ensuring that timely
action is taken on permit applications, resolving disputes between staff and
the applicant, and allocating sufficient resources;
d. Evaluation of the permitting process to
determine the benefits of employing private contractors to assist
with application review, and the development of criteria for that purpose;
e. Development of criteria for establishing the
presumptive validity of plans, specifications, reports, and analyses certified
by professional engineers or professional geologists licensed in the
Commonwealth, so as to avoid redundancy in reviewing application materials;
f. Training of Department of Environmental Quality
staff in the implementation of permitting policies and procedures;
g. Establishment of standards for ensuring
consistency among regional offices in the implementation of permitting policies
and procedures;
h. Review and implementation of pertinent sections
of the U.S. Environmental Protection Agency's LEAN Program; and
i. Review and implementation of "ditto"
or no-charge permitting where appropriate.
3. That the Department of Environmental
Quality shall confer with interested stakeholders in developing such policies
and procedures, which shall be published as agency guidance not later than
January 1, 2012. shall continue its efforts to improve its solid
waste program and submit a report to the General Assembly regarding such
efforts by December 1, 2011. ]
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