{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1402.1_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1402.1_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1402.1_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1402.1_1.html"}],"law_id":67309,"edition_id":1,"section_id":67309,"structure_id":15604,"section_number":"10.1-1402.1:1","catch_line":"Annual fees for nonhazardous solid waste management facilities","history":"2004, cc. 249, 324; 2011, c. 420.","full_text":"A\n\nIn addition to the permit fees assessed and collected pursuant to \u00a7 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 \u00a7 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\n\nSanitary landfills, noncaptive industrial landfills, and construction and demolition debris landfills shall be assessed an annual fee of $0.115 per ton.2\n\nIncinerators and energy recovery facilities shall be assessed an annual fee of $0.055 per ton.\n\t\t\t\tAsh generated by incinerators and energy recovery facilities that are subject to this section shall be exempted from the annual fees assessed under this section.3\n\nOther types of facilities shall be assessed an annual fee as follows:\n\t\t\t\tThe annual fee for active captive landfills shall be as follows:B\n\nThe 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.C\n\nThe 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\n\nThe 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\n\nThe 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.","order_by":null,"text":{"0":{"id":243915,"text":"In addition to the permit fees assessed and collected pursuant to \u00a7 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 \u00a7 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:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":243916,"text":"Sanitary landfills, noncaptive industrial landfills, and construction and demolition debris landfills shall be assessed an annual fee of $0.115 per ton.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":243917,"text":"Incinerators and energy recovery facilities shall be assessed an annual fee of $0.055 per ton.\n\t\t\t\tAsh generated by incinerators and energy recovery facilities that are subject to this section shall be exempted from the annual fees assessed under this section.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":243918,"text":"Other types of facilities shall be assessed an annual fee as follows:\n\t\t\t\tThe annual fee for active captive landfills shall be as follows:","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":243919,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":243920,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":243921,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":243922,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15604,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12811,"metadata":{},"date_created":"2026-06-26 03:56:46","date_modified":"2026-06-26 03:56:46","permalink":{"id":145889,"object_type":"structure","relational_id":15604,"identifier":"1","token":"10.1\/II\/14\/1","url":"\/10.1\/II\/14\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12811,"edition_id":1,"name":"Virginia Waste Management Act","identifier":"14","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":145887,"object_type":"structure","relational_id":12811,"identifier":"14","token":"10.1\/II\/14","url":"\/10.1\/II\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84539,"structure_id":15604,"section_number":"10.1-1400","catch_line":"Definitions","url":"\/10.1-1400\/","token":"10.1\/II\/14\/1\/10.1-1400","metadata":false},{"id":66666,"structure_id":15604,"section_number":"10.1-1400.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/10.1-1400.1\/","token":"10.1\/II\/14\/1\/10.1-1400.1","metadata":false},{"id":60386,"structure_id":15604,"section_number":"10.1-1401","catch_line":"Virginia Waste Management Board continued","url":"\/10.1-1401\/","token":"10.1\/II\/14\/1\/10.1-1401","metadata":false},{"id":82696,"structure_id":15604,"section_number":"10.1-1402","catch_line":"Powers and duties of the Board","url":"\/10.1-1402\/","token":"10.1\/II\/14\/1\/10.1-1402","metadata":false},{"id":60068,"structure_id":15604,"section_number":"10.1-1402.01","catch_line":"Further duties of Board; localities particularly affected","url":"\/10.1-1402.01\/","token":"10.1\/II\/14\/1\/10.1-1402.01","metadata":false},{"id":83586,"structure_id":15604,"section_number":"10.1-1402.02","catch_line":"Use, reuse, or reclamation of coal combustion by-product in a flood plain","url":"\/10.1-1402.02\/","token":"10.1\/II\/14\/1\/10.1-1402.02","metadata":false},{"id":69871,"structure_id":15604,"section_number":"10.1-1402.03","catch_line":"Closure of certain coal combustion residuals units","url":"\/10.1-1402.03\/","token":"10.1\/II\/14\/1\/10.1-1402.03","metadata":false},{"id":86095,"structure_id":15604,"section_number":"10.1-1402.04","catch_line":"Closure of certain coal combustion residuals units; Giles and Russell Counties","url":"\/10.1-1402.04\/","token":"10.1\/II\/14\/1\/10.1-1402.04","metadata":false},{"id":81131,"structure_id":15604,"section_number":"10.1-1402.05","catch_line":"Coal ash landfill storage; provision of public water supply","url":"\/10.1-1402.05\/","token":"10.1\/II\/14\/1\/10.1-1402.05","metadata":false},{"id":79856,"structure_id":15604,"section_number":"10.1-1402.1","catch_line":"Permit fee regulations","url":"\/10.1-1402.1\/","token":"10.1\/II\/14\/1\/10.1-1402.1","metadata":false},{"id":67309,"structure_id":15604,"section_number":"10.1-1402.1:1","catch_line":"Annual fees for nonhazardous solid waste management facilities","url":"\/10.1-1402.1_1\/","token":"10.1\/II\/14\/1\/10.1-1402.1_1","metadata":false},{"id":80557,"structure_id":15604,"section_number":"10.1-1402.2","catch_line":"Permit Program Fund established; use of moneys","url":"\/10.1-1402.2\/","token":"10.1\/II\/14\/1\/10.1-1402.2","metadata":false},{"id":69738,"structure_id":15604,"section_number":"10.1-1402.3","catch_line":"Conformance with federal requirements","url":"\/10.1-1402.3\/","token":"10.1\/II\/14\/1\/10.1-1402.3","metadata":false},{"id":80136,"structure_id":15604,"section_number":"10.1-1403","catch_line":"Advisory committees","url":"\/10.1-1403\/","token":"10.1\/II\/14\/1\/10.1-1403","metadata":false},{"id":60650,"structure_id":15604,"section_number":"10.1-1404","catch_line":"Department continued; general powers","url":"\/10.1-1404\/","token":"10.1\/II\/14\/1\/10.1-1404","metadata":false},{"id":81528,"structure_id":15604,"section_number":"10.1-1405","catch_line":"Powers and duties of Director","url":"\/10.1-1405\/","token":"10.1\/II\/14\/1\/10.1-1405","metadata":false},{"id":64275,"structure_id":15604,"section_number":"10.1-1406","catch_line":"Exemptions from liability; expedited settlements","url":"\/10.1-1406\/","token":"10.1\/II\/14\/1\/10.1-1406","metadata":false},{"id":59552,"structure_id":15604,"section_number":"10.1-1406.1","catch_line":"Access to abandoned waste sites","url":"\/10.1-1406.1\/","token":"10.1\/II\/14\/1\/10.1-1406.1","metadata":false},{"id":87322,"structure_id":15604,"section_number":"10.1-1406.2","catch_line":" Conditional exemption for coal and mineral mining overburden or solid waste","url":"\/10.1-1406.2\/","token":"10.1\/II\/14\/1\/10.1-1406.2","metadata":false},{"id":64008,"structure_id":15604,"section_number":"10.1-1407","catch_line":"Repealed","url":"\/10.1-1407\/","token":"10.1\/II\/14\/1\/10.1-1407","metadata":false},{"id":71682,"structure_id":15604,"section_number":"10.1-1407.1","catch_line":"Notification of local government of violation","url":"\/10.1-1407.1\/","token":"10.1\/II\/14\/1\/10.1-1407.1","metadata":false}],"previous_section":{"id":79856,"structure_id":15604,"section_number":"10.1-1402.1","catch_line":"Permit fee regulations","url":"\/10.1-1402.1\/","token":"10.1\/II\/14\/1\/10.1-1402.1","metadata":false},"next_section":{"id":80557,"structure_id":15604,"section_number":"10.1-1402.2","catch_line":"Permit Program Fund established; use of moneys","url":"\/10.1-1402.2\/","token":"10.1\/II\/14\/1\/10.1-1402.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1402.1:1\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapters 249<\/a> and 324<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2011, chapter 420<\/a>.<\/p>","references":[{"id":82696,"section_number":"10.1-1402","catch_line":"Powers and duties of the Board","order_by":null,"url":"\/10.1-1402\/"}],"refers_to":[{"id":79856,"section_number":"10.1-1402.1","catch_line":"Permit fee regulations","order_by":null,"url":"\/10.1-1402.1\/"},{"id":57148,"section_number":"10.1-1413.1","catch_line":"Waste information and assessment program","order_by":null,"url":"\/10.1-1413.1\/"}],"permalink":{"id":145931,"object_type":"law","relational_id":67309,"identifier":"10.1-1402.1:1","token":"10.1\/II\/14\/1\/10.1-1402.1_1","url":"\/10.1-1402.1_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1402.1_1\/","token":"10.1\/II\/14\/1\/10.1-1402.1_1","dublin_core":{"Title":"Annual fees for nonhazardous solid waste management facilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1402.1:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to the permit fees assessed and collected pursuant to \u00a7 10.1-1402.1<\/a>, the Board<\/span> shall collect an annual fee from any person<\/span> operating a sanitary landfill<\/span> or other facility permitted under this chapter for the disposal<\/span>, storage, or treatment<\/span> of nonhazardous solid waste<\/span>. The fees shall be exempt from statewide indirect cost charged and assessed by the Department<\/span> 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 \u00a7 10.1-1413.1<\/a> for the preceding year, and shall be adjusted annually by the Consumer Price Index. The annual fee shall be assessed as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Sanitary landfills<\/span>, noncaptive industrial landfills, and construction and demolition debris landfills shall be assessed an annual fee of $0.115 per ton. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Incinerators and energy recovery facilities shall be assessed an annual fee of $0.055 per ton.\n\t\t\t\tAsh generated by incinerators and energy recovery facilities that are subject to this section shall be exempted from the annual fees assessed under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Other types of facilities shall be assessed an annual fee as follows:\n\t\t\t\tThe annual fee for active captive landfills shall be as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The regulation shall include provisions allowing the Director<\/span> to waive<\/span> or reduce fees assessed during a state of emergency or for waste resulting from emergency response actions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Board<\/span> 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<\/span>’s programs to recognize excellent environmental performance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> 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<\/span>, ordinance<\/span>, resolution or contract<\/span> for solid waste<\/span> processing or disposal<\/span> operations at the facility. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nANNUAL FEES FOR NONHAZARDOUS SOLID WASTE MANAGEMENT FACILITIES (\u00a7\n10.1-1402.1:1)\n\nA. In addition to the permit fees assessed and collected pursuant to \u00a7\n10.1-1402.1, the Board shall collect an annual fee from any person operating a\nsanitary landfill or other facility permitted under this chapter for the\ndisposal, storage, or treatment of nonhazardous solid waste. The fees shall be\nexempt from statewide indirect cost charged and assessed by the Department of\nAccounts. Annual fees shall reflect the time and complexity of inspecting and\nmonitoring the different categories of facilities. Any annual fee that is based\non volume shall be calculated using the tonnage reported by each facility\npursuant to \u00a7 10.1-1413.1 for the preceding year, and shall be adjusted\nannually by the Consumer Price Index. The annual fee shall be assessed as\nfollows:\n\n 1. Sanitary landfills, noncaptive industrial landfills, and construction and\n demolition debris landfills shall be assessed an annual fee of $0.115 per ton.\n\n 2. Incinerators and energy recovery facilities shall be assessed an annual fee\n of $0.055 per ton.\n \t\t\t\tAsh generated by incinerators and energy recovery facilities that are\n subject to this section shall be exempted from the annual fees assessed under\n this section.\n\n 3. Other types of facilities shall be assessed an annual fee as follows:\n \t\t\t\tThe annual fee for active captive landfills shall be as follows:\n\nB. The Board shall by regulation prescribe the manner and schedule for remitting\nfees imposed by this section and may allow for the quarterly payment of any such\nfees.\n\nC. The regulation shall include provisions allowing the Director to waive or\nreduce fees assessed during a state of emergency or for waste resulting from\nemergency response actions.\n\nD. The Board may promulgate regulations establishing a schedule of reduced\npermit fees for facilities that have established a record of compliance with the\nterms and requirements of their permits and shall establish criteria, by\nregulation, to provide for reductions in the annual fee amount assessed for\nfacilities based upon acceptance into the Department’s programs to\nrecognize excellent environmental performance.\n\nE. The operator of a facility owned by a private entity and subject to any fee\nimposed pursuant to this section shall collect such fee as a surcharge on any\nfee schedule established pursuant to law, ordinance, resolution or contract for\nsolid waste processing or disposal operations at the facility.\n\nHISTORY: 2004, cc. 249, 324; 2011, c. 420.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}