                                 CODE OF VIRGINIA

ANNUAL FEES FOR NONHAZARDOUS SOLID WASTE MANAGEMENT FACILITIES (§
10.1-1402.1:1)

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. Sanitary landfills, noncaptive industrial landfills, and construction and
   demolition debris landfills shall be assessed an annual fee of $0.115 per ton.

   2. Incinerators and energy recovery facilities shall be assessed an annual fee
   of $0.055 per ton.
   				Ash 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. Other types of facilities shall be assessed an annual fee as follows:
   				The annual fee for active captive landfills shall be as follows:

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.

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&#8217;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.

HISTORY: 2004, cc. 249, 324; 2011, c. 420.