Administrative Code

Virginia Administrative Code
12/1/2021

Part V. Fees

9VAC25-900-190. Purpose and applicability of fees.

A. The purpose of this part is to establish a schedule of fees collected by the department in the support of its programs under this chapter and as permitted under the Act.

B. This part applies to all persons who submit an application for a certification of nutrient credits in accordance with 9VAC25-900-80. The fees shall be assessed in accordance with this part.

Statutory Authority

§ 62.1-44.19:20 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 36, Issue 23, eff. September 1, 2020.

9VAC25-900-200. Determination of application fee amount.

A. Each nutrient credit-generating project application and each nutrient credit-generating project modification application is a separate action and shall be assessed a separate fee. The amount of such fees is determined on the basis of this section.

B. Perpetual nutrient credit certifications.

1. An applicant for certification of perpetual nutrient credits is assessed a base fee as shown in Table 1 of 9VAC25-900-220 A.

2. An applicant is assessed a supplementary fee based on the number of potential nutrient credits of phosphorus generated in addition to the base fee specified in subdivision 1 of this subsection. The supplementary fees are shown in Table 1 of 9VAC25-900-220 A.

3. Modifications of approved perpetual nutrient credit certifications will be assessed the base fee only unless the modifications generate additional perpetual credits then a supplementary fee based on the number of additional potential nutrient credits of phosphorus will be assessed in addition to the base fee as specified in subdivision 2 of this subsection.

4. The total fee (base fee plus supplementary fee) shall not exceed $10,000. If the calculated fee is greater than $10,000 then the applicant shall only pay $10,000.

C. Term nutrient credit certifications.

1. An applicant for certification of term nutrient credits is assessed a base fee plus a supplementary fee based on the number of potential term credits and the requested term of those credits as shown in Table 2 of 9VAC25-900-220 A.

2. A modification of an approved term nutrient credit certification is assessed a base fee plus a supplementary fee based on the number of term credits and the requested term of those credits as shown in Table 2 of 9VAC25-900-220 A.

3. A renewal will be assessed a base fee plus a supplementary fee based on the number of renewing term credits as shown in Table 3 of 9VAC25-900-220 A if there are (i) no changes to the site or practices that were submitted with the previously approved nutrient credit certification application; (ii) the renewal application submitted does not contain any new practices and is substantial the same as the previously approved nutrient credit certification; and (iii) the application is submitted at least 60 days prior to the end date of the term credits for which renewal is sought. If the renewal application includes changes to the site, changes to practices, or new practices or is submitted less than 60 days prior to the end date of the term credits, the application shall be deemed a new application and shall be assessed a fee as provided in subdivision 1 of this subsection.

4. The total fee (base fee plus supplementary fee) shall not exceed $10,000. If the calculated fee is greater than $10,000 then the applicant shall only pay $10,000.

Statutory Authority

§ 62.1-44.19:20 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 36, Issue 23, eff. September 1, 2020.

9VAC25-900-210. Payment of application fees.

A. Due date. All application fees are due on the day of application and must accompany the application.

B. Method of payment. Fees shall be paid by check, draft, or postal money order made payable to "Treasurer of Virginia" 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.

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

D. Late payment. Pursuant to 9VAC25-900-80, no applications will be deemed to be complete until the department receives the fee paid in full.

Statutory Authority

§ 62.1-44.19:20 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 36, Issue 23, eff. September 1, 2020.

9VAC25-900-220. Application fee schedule.

A. Fees.

Table 1. Perpetual Nutrient Credits Certification Application Fees

Base Fee

$3,000

Supplementary Fees – Total Number of Perpetual Phosphorus Credits (X)

X ≤ 30

$1,000

30 < X ≤ 60

$3,000

60 < X ≤ 90

$5,000

X > 90

$7,000

Table 2. Term Nutrient Credits Certification Application Fees

Base Fee

$3,000

Supplementary Fees

$/(Credit*Term Years)

1st 100 term nutrient credits (1 to 100)

$4.00

2nd 100 term nutrient credits (101 to 200)

$3.00

3rd 100 term nutrient credits (201 to 300)

$2.00

4th 100 term nutrient credits (> 300)

$1.00

Table 3. Renewal Term Nutrient Credits Certification Application Fees

Base Fee

$1,000

Supplementary Fees

$/(Credit*Term Years)

1st 100 term nutrient credits (1 to 100)

$4.00

2nd 100 term nutrient credits (101 to 200)

$3.00

3rd 100 term nutrient credits (201 to 300)

$2.00

4th 100 term nutrient credits (> 300)

$1.00

B. Illustrative examples.

1. Example 1. The applicant is submitting an application for nutrient credit certification of a nutrient credit-generating project that will generate perpetual credits. The number of potential perpetual credits calculated is 150. The required fee is calculated as follows:

Base fee

$3,000

Supplementary fee for 150 perpetual P credits

+$7,000

Total fee

= $10,000

2. Example 2. The applicant is submitting an application for nutrient credit certification of a nutrient credit-generating project that generated credits with a five-year term. The number of potential nutrient credits calculated is 275. The required fee is calculated as follows:

Base fee

$3,000

Supplementary fee for 1 to 100 credits

+(100*5*$4)=$2,000

Supplementary fee for 101 to 200 credits

+(100*5*$3)=$1,500

Supplementary fee for 201 to 275 credits

+ (75*5*$2)= $750

Total fee

= $7,250

3. Example 3. The applicant is submitting a renewal application for annual credits generated at a nutrient credit-generating project for a five-year term. The number of annual credits being renewed for another term is 165. The required fee is calculated as follows:

Base fee

$1,000

Supplementary fee for 1 to 100 credits

+(100*5*$4)=$2,000

Supplementary fee for 101 to 200 credits

+(65*5*$3)=$975

Total fee

= $3,975

4. Example 4. The applicant is submitting an application for nutrient credit certification of a nutrient credit-generating project that generates credits with a five-year term. The number of potential nutrient credits calculated is 1000. The required fee is calculated as follows:

Base fee

$3,000

Supplementary fee for 1 to 100 credits

+(100*5*$4)=$2,000

Supplementary fee for 101 to 200 credits

+(100*5*$3)=$1,500

Supplementary fee for 201 to 300 credits

+(100*5*$2)=$1,000

Supplementary fee for 301 to 1000 credits

+(700*5*$1)=$3,500

Total

Total fee

= $11,000

= $10,000 (fee cannot exceed $10,000)

Statutory Authority

§ 62.1-44.19:20 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 36, Issue 23, eff. September 1, 2020.

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