Administrative Code

Virginia Administrative Code
12/9/2021

Part II. Legislative Authority and General Information

9VAC20-90-20. (Repealed.)

Historical Notes

Derived from VR672-20-11 § 2.1, eff. June 8, 1992; repealed, Virginia Register Volume 19, Issue 18, eff. July 1, 2003.

9VAC20-90-30. Purpose of regulation.

A. The purpose of these regulations is to establish schedules and procedures pertaining to the payment and collection of fees from any applicant seeking a new permit or seeking a modification or an amendment to an existing permit for operation of a solid or regulated medical waste management facility in the Commonwealth of Virginia. These regulations also establish fees for the review of other permit-related documents required to be reviewed by the department.

B. These regulations establish schedules and procedures pertaining to the payment of annual fees to be submitted by any person operating a permitted facility for the disposal, storage, or treatment of nonhazardous solid waste.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from VR672-20-11 § 2.2, eff. June 8, 1992; amended, Virginia Register Volume 19, Issue 18, eff. July 1, 2003; Volume 20, Issue 23, eff. July 1, 2004.

9VAC20-90-40. Administration of regulation.

A. The Virginia Waste Management Board promulgates and enforces regulations that it deems necessary to carry out its powers and duties.

B. The director is authorized and directed to administer these regulations in accordance with the Virginia Waste Management Act, §§ 10.1-1400 through 10.1-1458 of the Code of Virginia.

Statutory Authority

§§ 10.1-1402 and 10.1-1402.1 of the Code of Virginia.

Historical Notes

Derived from VR672-20-11 § 2.3, eff. June 8, 1992; amended, Virginia Register Volume 19, Issue 18, eff. July 1, 2003; Volume 35, Issue 15, eff. April 17, 2019.

9VAC20-90-50. Applicability of regulations.

A. These regulations apply to all persons operating or proposing to operate a permitted facility for the management of solid waste under the provisions of:

1. Part V (9VAC20-81-400 through 9VAC20-81-600) of the Solid Waste Management Regulations;

2. Part X (9VAC20-120-680 through 9VAC20-120-830) of the Regulated Medical Waste Management Regulations; or

3. Part V (9VAC20-85-170 through 9VAC20-85-180) of the Coal Combustion Byproduct Regulations.

The fees shall be assessed in accordance with Part III (9VAC20-90-70 through 9VAC20-90-120) of this chapter.

B. When the director finds it necessary to amend or modify any permit in accordance with § 10.1-1408.1 E or § 10.1-1409 of the Code of Virginia, 9VAC20-81-600 of the Solid Waste Management Regulations or Part X (9VAC20-120-680 through 9VAC20-120-830) of the Regulated Medical Waste Management Regulations, as applicable, the holder of that permit shall be assessed a fee in accordance with 9VAC20-90-90 even if the director has initiated the amendment or modification action.

C. When the director finds it necessary to revoke and reissue any permit in accordance with § 10.1-1408.1 E or § 10.1-1409 of the Code of Virginia, 9VAC20-81-570 B 1 of the Solid Waste Management Regulations, or Part X (9VAC20-120-680 through 9VAC20-120-830) of the Regulated Medical Waste Management Regulations, as applicable, the holder of that permit shall be assessed a fee in accordance with 9VAC20-90-80.

D. If the director finds it necessary either to revoke and reissue a permit in accordance with § 10.1-1408.1 E or § 10.1-1409 of the Code of Virginia, or 9VAC20-81-570 B 2 of the Solid Waste Management Regulations, the holder of that permit shall be assessed a fee in accordance with 9VAC20-90-100.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from VR672-20-11 § 2.4, eff. June 8, 1992; amended, Virginia Register Volume 19, Issue 18, eff. July 1, 2003; Volume 20, Issue 23, eff. July 1, 2004; Volume 27, Issue 22, eff. August 3, 2011.

9VAC20-90-60. Payment of permit action fees.

A. Due date.

1. Except as specified in subdivisions 2, 3, and 4 of this subsection, all permit action fees are due on the day of application and must accompany the application.

2. Applicants for solid waste management permits shall submit the appropriate fee along with the certification from the local governing body and the disclosure statements at the time of the submittal of the notice of intent. An applicant for a new facility shall submit appropriate Part A fees with the notice of intent, and submit the Part B action fee when the Part B application is submitted.

3. Applicants for an emergency permit shall submit the permit action fee to the department within 60 days of submitting an application.

4. For facilities entering the corrective action program, the fee for Corrective Action, Module XIV, is due upon submission of the proposal for presumptive remedy or assessment of corrective measures. If during the course of the corrective action program, modifications to the corrective action program are required, no additional fee will be assessed.

B. Method of payment. Fees shall be paid by check, draft or postal money order made payable to "Treasurer of Virginia." When the department is able to accept electronic payments, payments may be submitted electronically.

C. Incomplete payments. All incomplete payments will be deemed nonpayments.

D. Payment required. No applications will be deemed to be complete until proper payment is received by the department. The department shall not begin a review of an incomplete application unless the application is for an emergency permit. Nonpayment of fees will result in a processing delay. If the director is amending or revoking and re-issuing a permit for cause, nonpayment of fees may lead to termination of the permit.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from VR672-20-11 § 2.5, eff. June 8, 1992; amended, Virginia Register Volume 19, Issue 18, eff. July 1, 2003; Volume 20, Issue 23, eff. July 1, 2004.

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 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 9VAC20-90-113, 9VAC20-90-114, and 9VAC20-90-115.

2. For facilities engaged in multiple activities under the provisions of a single permit, an operator shall pay multiple annual fees.

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 quarter payment option. Except as specified in subdivision 2 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).

2. 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.

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. 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 1104, Richmond, VA 23218. When the department is able to accept electronic payments, payments may be submitted electronically.

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.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 23, eff. July 1, 2004; amended, Virginia Register Volume 26, Issue 23, eff. August 18, 2010; Volume 27, Issue 22, eff. August 3, 2011.

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