Administrative Code

Virginia Administrative Code
6/25/2022

Part III. Determination of Fee Amount

9VAC25-20-100. General.

Each application for a new permit, permit authorization or certificate, each application for reissuance of a permit, permit authorization or certificate, each application for major modification of a permit, permit authorization or certificate, each revocation and reissuance of a permit, permit authorization or certificate, and each application of a dry ton of biosolids or industrial residuals is a separate action and shall be assessed a separate fee, as applicable. The fees for each type of permit, permit authorization or certificate that the board has the authority to issue, reissue or modify will be as specified in this part.

Statutory Authority

§§ 62.1-44.15:6, 62.1-44.16, and 62.1-44.19:3 of the Code of Virginia.

Historical Notes

Derived from VR680-01-01 § 3.1, eff. July 1, 1993; amended, Virginia Register Volume 20, Issue 23, eff. July 1, 2004; Volume 24, Issue 6, eff. January 1, 2008; Volume 29, Issue 24, eff. September 1, 2013; Volume 32, Issue 5, eff. January 1, 2016.

9VAC25-20-110. Fee schedules for individual VPDES and VPA new permit issuance, and individual VWP, SWW, and GWW new permit issuance and existing permit reissuance.

A. Virginia Pollutant Discharge Elimination System (VPDES) permits. The following fee schedules apply to applications for issuance of a new individual VPDES permit or certificate. (Note: All flows listed in the table below are facility "design" flows.)

VPDES Industrial Major

$24,000

VPDES Municipal Major

$21,300

VPDES Industrial Minor/No Standard Limits

$10,200

VPDES Industrial Minor/Standard Limits

$3,300

VPDES Industrial Stormwater

$7,200

VPDES Municipal Minor/Greater Than 100,000 GPD

$7,500

VPDES Municipal Minor/10,001 GPD-100,000 GPD

$6,000

VPDES Municipal Minor/1,001 GPD-10,000 GPD

$5,400

VPDES Municipal Minor/1,000 GPD or less

$2,000

VPDES Municipal - The authorization for land application, distribution, or marketing of biosolids or land disposal of sewage sludge

$5,000*

*For a new VPDES permit that includes authorization for land application, distribution, or marketing of biosolids or land disposal of sewage sludge, the $5,000 biosolids permit fee will be paid in addition to the required VPDES permit fee.

B. Virginia Pollution Abatement (VPA) permits. The following fee schedules apply to applications for issuance of a new individual VPA permit or certificate.

VPA Concentrated Animal Feeding Operation

(Reserved)

VPA Intensified Animal Feeding Operation

(Reserved)

VPA Industrial Wastewater Operation/Land Application of 10 or More Inches Per Year

$15,000

VPA Industrial Wastewater Operation/Land Application of Less Than 10 Inches Per Year

$10,500

VPA Industrial Sludge Operation

$7,500

VPA Combined Sludge Operation - Industrial Sludge (excluding water treatment plant residuals) and Municipal Biosolids

$7,500

VPA Municipal Wastewater Operation

$13,500

VPA Municipal Biosolids Operation

$5,000

All other operations not specified above

$750

C. Virginia Water Protection (VWP) permits. The following fee schedules apply to applications for issuance of a new individual and reissuance of an existing individual VWP permit or certificate. Only one permit application fee shall be assessed per application; for a permit application involving more than one of the operations described below, the governing fee shall be based upon the primary purpose of the proposed activity. (Note: Withdrawal amounts shown in the table below are maximum daily withdrawals.)

VWP Individual/Surface Water Impacts (Wetlands, Streams and/or Open Water)

$2,400 plus $220 for each 4,356 sq. ft. (1/10 acre) (or portion thereof) of incremental impact over 87,120 sq. ft. (two acres) ($60,000 maximum)

VWP Individual/Minimum Instream Flow - Withdrawals equal to or greater than 3,000,000 gallons on any day

$25,000

VWP Individual/Minimum Instream Flow - Withdrawals between 2,000,000 and 2,999,999 gallons on any day

$20,000

VWP Individual/Minimum Instream Flow - Withdrawals between 1,000,000 and 1,999,999 gallons on any day

$15,000

VWP Individual/Minimum Instream Flow - Withdrawals less than 1,000,000 gallons on any day that do not otherwise qualify for a general VWP permit for water withdrawals

$10,000

VWP Individual/Reservoir - Major

$35,000

VWP Individual/Reservoir - Minor

$25,000

VWP Individual/Nonmetallic Mineral Mining

$2,400 plus $220 for each 4,356 sq. ft. (1/10 acre) (or portion thereof) of incremental impact over 87,120 sq. ft. (two acres) ($7,500 maximum)

D. Surface Water Withdrawal (SWW) permits or certificates issued in response to Chapter 24 (§ 62.1-242 et seq.) of Title 62.1 of the Code of Virginia. The following fee schedules apply to applications for issuance of a new individual, and reissuance of an existing individual SWW permit or certificate.

Agricultural withdrawal not exceeding 150 million gallons in any single month

(Reserved)

Agricultural withdrawal greater than 150 million gallons but less than 300 million gallons in any single month

(Reserved)

Agricultural withdrawal of 300 million gallons or greater in any single month

(Reserved)

Surface Water Withdrawal

$12,000

E. Groundwater Withdrawal (GWW) permits issued in response to Chapter 25 (§ 62.1-254 et seq.) of Title 62.1 of the Code of Virginia. The following fee schedules apply to applications for issuance of a new individual, and reissuance of an existing individual GWW permit or certificate.

Agricultural withdrawal not exceeding 150 million gallons in any single month

(Reserved)

Agricultural withdrawal greater than 150 million gallons but less than 300 million gallons in any single month

(Reserved)

Agricultural withdrawal of 300 million gallons or greater in any single month

(Reserved)

Groundwater Withdrawal/Initial Permit for an Existing Withdrawal Based Solely on Historic Withdrawals

$1,200

Groundwater Withdrawal - effective through December 31, 2018

$6,000

Groundwater Withdrawal - effective January 1, 2019

$9,000

Statutory Authority

§ 62.1-44.15:6 of the Code of Virginia.

Historical Notes

Derived from VR680-01-01 § 3.2, eff. July 1, 1993; amended, Virginia Register Volume 19, Issue 18, eff. July 1, 2003; Volume 20, Issue 23, eff. July 1, 2004; Volume 24, Issue 6, eff. January 1, 2008; Volume 29, Issue 24, eff. September 1, 2013; Volume 35, Issue 4, eff. November 14, 2018; Volume 37, Issue 1, eff. October 15, 2020.

9VAC25-20-120. Fee schedules for major modification of individual permits or certificates requested by the permit or certificates holder.

The following fee schedules apply to applications for major modification of an individual permit or certificate requested by the permit or certificate holder:

1. Virginia Pollutant Discharge Elimination System (VPDES) permits. The application fees listed in the table below apply to a major modification that occurs (and becomes effective) before the stated permit expiration date. (Note: All flows listed in the table below are facility "design" flows.)

VPDES Industrial Major

$12,000

VPDES Municipal Major

$10,650

VPDES Industrial Minor/No Standard Limits

$5,100

VPDES Industrial Minor/Standard Limits

$3,300

VPDES Industrial Stormwater

$3,600

VPDES Municipal Minor/Greater Than 100,000 GPD

$3,750

VPDES Municipal Minor/10,001 GPD - 100,000 GPD

$3,000

VPDES Municipal Minor/1,001 GPD - 10,000 GPD

$2,700

VPDES Municipal - modification relating to the authorization for land application, distribution, or marketing of biosolids or land disposal of sewage sludge

$1,000*

VPDES Municipal Minor/1,000 GPD or Less

$1,000

*The fee for modification of a VPDES permit due to changes relating to authorization for land application, distribution, or marketing of biosolids or land disposal of sewage sludge shall be $1,000, notwithstanding other modification fees incurred. The modification fee shall apply for any addition of land application sites to a permit.

2. Virginia Pollution Abatement (VPA) permits. The application fees listed in the table below apply to a major modification that occurs (and becomes effective) before the stated permit expiration date.

VPA Concentrated Animal Feeding Operation

(Reserved)

VPA Intensified Animal Feeding Operation

(Reserved)

VPA Industrial Wastewater Operation/Land Application of 10 or More Inches Per Year

$7,500

VPA Industrial Wastewater Operation/Land Application of Less Than 10 Inches Per Year

$5,250

VPA Industrial Sludge Operation

$3,7501

VPA Combined Sludge Operation - Industrial Sludges (excluding water treatment plant residuals) and Municipal Biosolids

$3,7501

VPA Municipal Wastewater Operation

$6,750

VPA Municipal Biosolids Operation

$1,0001, 2

All other operations not specified above

$375

1 The modification fee shall apply for any addition of land application sites to a permit.

2When adding any industrial source (excluding water treatment plant residuals) to a permit that only authorizes the land application of municipal biosolids, the modification fee for a VPA combined sludge operation shall apply.

3. Virginia Water Protection (VWP) permits. (Note: Only one permit application fee shall be assessed per application; for a permit application involving more than one of the operations described below, the governing fee shall be based upon the primary purpose of the proposed activity.)

VWP Individual/Surface Water Impacts (Wetlands, Streams and/or Open Water)

$1,200 plus $110 for each 4,356 sq. ft. (1/10 acre) (or portion thereof) of incremental impact over 87,120 sq. ft. (two acres) ($30,000 maximum)

VWP Individual/Minimum Instream Flow

$5,000

VWP Individual/Reservoir (Major or Minor)

$12,500

VWP Individual/Nonmetallic Mineral Mining

$1,200 plus $110 for each 4,356 sq. ft. (1/10 acre) (or portion thereof) of incremental impact over 87,120 sq. ft. (two acres) ($3,750 maximum)

4. Surface Water Withdrawal (SWW) permits or certificates issued in response to Chapter 24 (§ 62.1-242 et seq.) of Title 62.1 of the Code of Virginia.

Agricultural withdrawal not exceeding 150 million gallons in any single month

(Reserved)

Agricultural withdrawal greater than 150 million gallons but less than 300 million gallons in any single month

(Reserved)

Agricultural withdrawal of 300 million gallons or greater in any single month

(Reserved)

Surface Water Withdrawal

$6,000

5. Groundwater Withdrawal (GWW) permits issued in response to Chapter 25 (§ 62.1-254 et seq.) of Title 62.1 of the Code of Virginia.

Agricultural withdrawal not exceeding 150 million gallons in any single month

(Reserved)

Agricultural withdrawal greater than 150 million gallons but less than 300 million gallons in any single month

(Reserved)

Agricultural withdrawal of 300 million gallons or greater in any single month

(Reserved)

Groundwater Withdrawal/Initial Permit for an Existing Withdrawal Based Solely on Historic Withdrawals

$600

Groundwater Withdrawal

$3,000

Statutory Authority

§ 62.1-44.15:6 of the Code of Virginia.

Historical Notes

Derived from VR680-01-01 § 3.3, eff. July 1, 1993; amended, Virginia Register Volume 19, Issue 18, eff. July 1, 2003; Volume 20, Issue 23, eff. July 1, 2004; Volume 24, Issue 6, eff. January 1, 2008; Volume 29, Issue 24, eff. September 1, 2013; Volume 37, Issue 1, eff. October 15, 2020.

9VAC25-20-130. Fees for filing registration statements or applications for general permits issued by the board.

The following fees apply to filing of applications or registration statements for all general permits issued by the board, except:

1. The fee for filing a registration statement for coverage under 9VAC25-110 (General VPDES Permit for Domestic Sewage Discharges of Less Than or Equal to 1,000 GPD) is $0.

2. The fee for filing a registration statement for coverage under 9VAC25-120 (General VPDES Permit Regulation for Discharges from Petroleum Contaminated Sites) is $0.

3. The fee for filing an application or registration statement for coverage under a VWP General Permit issued by the board shall be:

VWP General/Less Than 4,356 sq. ft. (1/10 acre) of Surface Water Impact (Wetlands, Streams and/or Open Water)

$0

VWP General/4,356 sq. ft. to 21,780 sq. ft. (1/10 acre to 1/2 acre) of Surface Water Impact (Wetlands, Streams and/or Open Water)

$600

VWP General/21,781 sq. ft. to 43,560 sq. ft. (greater than 1/2 acre to one acre) of Surface Water Impact (Wetlands, Streams and/or Open Water)

$1,200

VWP General/43,561 sq. ft. to 87,120 sq. ft. (greater than one acre to two acres) of Surface Water Impact (Wetlands, Streams and/or Open Water)

$1,200 plus $120 for each 4,356 sq. ft. (1/10 acre) (or portion thereof) of incremental impact over 43,560 sq. ft. (one acre) ($2,400 maximum)

VWP General/Minimum Instream Flow/Reservoir - Water withdrawals and/or pond construction

$2,400

4. The fee for filing a registration statement for coverage under a VPDES general/industrial stormwater permit issued by the board shall be $500.

5. Except as specified in subdivisions 1, 2, 3 and 4 of this section, the fee for filing an application or registration statement for coverage under any general permit issued by the board shall be $600.

Statutory Authority

§ 62.1-44.15:6 of the Code of Virginia.

Historical Notes

Derived from VR680-01-01 § 3.4, eff. July 1, 1993; amended, Virginia Register Volume 19, Issue 18, eff. July 1, 2003; Volume 20, Issue 23, eff. July 1, 2004; Volume 24, Issue 6, eff. January 1, 2008; Volume 37, Issue 1, eff. October 15, 2020.

9VAC25-20-140. (Repealed.)

Historical Notes

Derived from VR680-01-01 § 3.5, eff. July 1, 1993; repealed, Virginia Register Volume 20, Issue 23, eff. July 1, 2004.

9VAC25-20-142. Permit maintenance fees.

A. The following annual permit maintenance fees apply to each individual VPDES and VPA permit, including expired permits that have been administratively continued, except those exempted by 9VAC25-20-50 B or 9VAC25-20-60 A 4:

1. Base fee rate for Virginia Pollutant Discharge Elimination System (VPDES) permitted facilities. (Note: All flows listed in the table below are facility "design" flows.)

VPDES Industrial Major

$7,876

VPDES Municipal Major/Greater Than 10 MGD

$7,794

VPDES Municipal Major/2 MGD - 10 MGD

$7,138

VPDES Municipal Major/Less Than 2 MGD

$6,317

VPDES Industrial Minor/No Standard Limits

$3,347

VPDES Industrial Minor/Standard Limits

$1,969

VPDES Industrial Minor/Water Treatment System

$1,969

VPDES Industrial Stormwater

$2,363

VPDES Municipal Minor/Greater Than 100,000 GPD

$2,461

VPDES Municipal Minor/10,001 GPD - 100,000 GPD

$1,969

VPDES Municipal Minor/1,001 GPD - 10,000 GPD

$1,772

VPDES Municipal Minor/1,000 GPD or Less

$656

2. Base fee rate for Virginia Pollution Abatement (VPA) permits.

VPA Industrial Wastewater Operation/Land Application of 10 or More Inches Per Year

$2,461

VPA Industrial Wastewater Operation/Land Application of Less Than 10 Inches Per Year

$1,723

VPA Industrial Sludge Operation

$1,231

VPA Combined Sludge Operation - Industrial Sludges (excluding water treatment plant residuals) and Municipal Biosolids

$1,231

VPA Municipal Wastewater Operation

$2,215

VPA Municipal Biosolids Operation

$100

VPA Concentrated Animal Feeding Operation

(Reserved)

VPA Intensified Animal Feeding Operation

(Reserved)

All other operations not specified above

$123

3. The amount of the annual permit maintenance fee due from the owner for VPDES and VPA permits for a specified year as required by 9VAC25-20-40 C shall be calculated according to the following formulae:

F =

B x C

C =

1 + ∆CPI

∆CPI =

CPI - 215.15

215.15

Where:

F = the permit maintenance fee amount due for the specified calendar year, expressed in dollars.

B = the base fee rate for the type of VPDES or VPA permit from subdivision 1 or 2 of this subsection, expressed in dollars.

C = the Consumer Price Index adjustment factor.

∆CPI = the difference between CPI and 215.15 (the average of the Consumer Price Index values for all-urban consumers for the 12-month period ending on April 30, 2009), expressed as a proportion of 215.15.

CPI = the average of the Consumer Price Index values for all-urban consumers for the 12-month period ending on April 30 of the calendar year before the specified year for which the permit maintenance fee is due. (The Consumer Price Index for all-urban consumers is published by the U.S. Department of Labor, Bureau of Labor Statistics, U.S. All items, CUUR0000SA0).

For example, if calculating the 2010 permit maintenance fee (F) for a VPDES Industrial Major source:

CPI = 215.15 (the average of CPI values from May 1, 2008, to April 30, 2009, inclusive would be used for the 2010 permit maintenance fee calculation).

∆CPI = zero for the 2010 permit maintenance fee calculation (i.e., (CPI - 215.15)/215.15 = (215.15 - 215.15)/215.15 = 0). (Note: ∆CPI for other years would not be zero.)

C = 1.0 for the 2010 permit maintenance fee calculation (i.e., 1 + ∆CPI = 1 + 0 = 1.0).

B = $7,876 (i.e. the value for a VPDES Industrial Major source, taken from subdivision 1 of this subsection).

F = $7,876 for the 2010 permit maintenance fee calculation for this VPDES Industrial Major source (i.e., $7,876 x 1.0 = $7,876).

4. Permit maintenance fees (F) calculated for each facility shall be rounded to the nearest dollar.

5. The total amount of permit fees collected by the board (permit maintenance fees plus permit application fees) shall not exceed 50% of direct costs for administration, compliance, and enforcement of VPDES and VPA permits. The director shall take whatever action is necessary to ensure that this limit is not exceeded.

B. Additional permit maintenance fees.

1. An additional permit maintenance fee of $1,000 shall be paid annually by permittees in a toxics management program. Any facility that performs acute or chronic biological testing for compliance with a limit or special condition requiring monitoring in a VPDES permit is included in the toxics management program.

2. An additional permit maintenance fee of $1,000 shall be paid annually by permittees that have more than five process wastewater discharge outfalls at a single facility (not including "internal" outfalls).

3. For a local government or public service authority with permits for multiple facilities in a single jurisdiction, the total permit maintenance fees for all permits held as of April 1, 2004, shall not exceed $32,818 per year.

C. If the category of a facility (as described in subdivision A 1 or A 2 of this section) changes as the result of a permit modification, the permit maintenance fee based upon the permit category as of April 1 shall be submitted by October 1.

D. Annual permit maintenance fees may be discounted for participants in the Environmental Excellence Program as described in 9VAC25-20-145.

Statutory Authority

§ 62.1-44.15:6 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 29, Issue 24, eff. September 1, 2013; Volume 37, Issue 1, eff. October 15, 2020.

9VAC25-20-145. Discounted permit maintenance fees for Environmental Excellence Program participants.

A. The term "Virginia Environmental Excellence Program" (VEEP) means a voluntary program established by the department to provide public recognition and regulatory incentives to encourage higher levels of environmental performance for program participants that develop and implement Environmental Management Systems (EMS). The program is based on the use of EMSs that improve compliance, prevent pollution, and utilize other measures to improve environmental performance.

B. Participants in the VEEP shall be eligible for reduced annual permit maintenance fees. The VEEP includes the Environmental Enterprise (E2) level of participation and the Exemplary Environmental Enterprise (E3) level of participation.

C. Annual permit maintenance fee discounts will not become effective until 2005. The availability of discounts to the annual permit maintenance fees will be dependent upon acceptance and continued participation in the VEEP.

D. Eligibility for reduced annual permit maintenance fees shall be based upon the department's review of the annual report that is required to be submitted by the VEEP. The department shall review annual reports to verify that facilities continue to meet VEEP criteria prior to offering discounted annual permit maintenance fees.

1. The participant's annual report must reflect activities occurring through December 31 and must satisfy all reporting requirements established in the VEEP.

2. Annual reports must be received at the department's central office by April 1 of the following year to be eligible for a reduction of the annual permit maintenance fees.

3. The annual report must list all regulated and permitted activities included within the scope of the facility's Environmental Management System.

4. A participant's level of participation will be evaluated as of December 31 of each calendar year.

E. If a facility participated in the VEEP but participation in the program was terminated, discounted fees will not be available to participants until they have been reaccepted into the VEEP.

F. Participants at the E2 level of participation will be eligible to receive a discount to annual permit maintenance fees for up to a maximum of three years.

G. Prior to distributing bills for annual permit maintenance fees, the department shall calculate the discounted annual permit maintenance fees. The total amount of all facilities' discounts to water annual permit maintenance fees shall not exceed $64,000 annually.

1. The total of a 5.0% discount for each participant at the E3 level of participation and a 2.0% discount for each participant at the E2 level of participation shall be calculated.

2. If the calculated total of the discounts to annual permit maintenance fees would exceed $64,000, annual permit maintenance fees for participants at the E3 level of participation shall be discounted 2.0%, additional discounts of annual permit maintenance fees for participants at the E3 level of participation shall not be available, and annual permit maintenance fees for participants at the E2 level of participation shall not be discounted.

3. If the calculated total of the discounts to annual permit maintenance fees would not exceed $64,000, annual permit maintenance fees for participants at the E3 level of participation shall be discounted 5.0%, annual permit maintenance fees for participants at the E2 level of participation shall be discounted 2.0%, and a larger discount may be provided for participants at the E3 level of participation, based upon direct program costs and program revenues, not to exceed a total discount of 20%. The total of all discounts shall not exceed $64,000. Any additional discounted fees will be calculated as follows:

(Total program revenues in the previous fiscal year minus direct program costs for the previous fiscal year) multiplied by 0.75 equals the additional discounts to be distributed to program participants. Additional discounts will be distributed to participants at the E3 level of participation in equal whole percentages.

4. If the calculated total of all facilities' discounts to annual fees exceeds $64,000, the department shall reevaluate the discounts offered to VEEP participants and shall begin the regulatory process to revise the discounts offered to VEEP participants.

Statutory Authority

§ 62.1-44.15:6 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 23, eff. July 1, 2004.

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