Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Management Facility Annual Compliance Determination Fee:
(a) Each permitted or interim status
Hazardous Waste Management Facility subject to 40 C.F.R. Sections 264, 265, 270
and OAR 340, with an active operating hazardous waste management unit(s), a
hazardous waste management unit(s) undergoing closure (including any required
closure certification), or a hazardous waste management unit(s) in
post-closure, must pay the Annual Compliance Determination Fee(s) set forth in
section (3).
(b) In calculating the
Annual Compliance Determination Fee, the Department shall not include an
inactive unit, or units, in post-closure, with a release or releases subject to
corrective action.
(c) Where a
facility has unit(s) that become subject to corrective action cost recovery,
the Department shall prorate the Annual Compliance Determination Fee for that
year based on the period before corrective action cost recovery is
implemented.
(2) Where
more than one hazardous waste management activity takes place at a single
facility, the Department will assess all of the applicable category Annual
Compliance Determination Fees in 340-105-0113(3).
(3) Annual Compliance Determination Fees:
(a) Storage - $24,500.
(b) Treatment:
(A) Single Technology - $49,500.
(B) Multiple Technology - $98,500.
(c) Disposal Facility:
(A) Single Disposal Unit - $98,500.
(B) Multiple Disposal Units -
$196,500.
(d)
Post-Closure Facility - $24,500.
(e) Permitted Operating Hazardous Waste
Disposal Administrative Fee: In addition to the fee assessed under paragraph
(c) of this section, the Department will assess operating permitted disposal
facilities an annual administrative fee of $5.50 per metric ton of waste
disposed into a permitted Subtitle C land disposal unit. A facility subject to
this fee may elect to pay on a monthly or quarterly basis.
(4) Permit Modification Fee: Upon discussion
with the permittee to determine the appropriate permit modification
classification, the Department will assess the applicant for any permit
modification, excluding modifications related to corrective action, as follows:
(a) Each Class 1 Permit Modifications:
$4,500.
(b) Class 2 Permit
Modifications:
(A) The permittee must submit
a separate permit modification request for each unrelated category of Class 2
permit change in
40 C.F.R.
Section 270.42, Appendix 1.
(B) Each Class 2 Permit Modifications:
$31,800.
(c) Each Class
3 Permit Modifications: $49,300.
(d) If the permittee withdraws any permit
modification request, the Department shall refund 50% of the balance of the fee
if paid in full, if the Department has done less than 50% of work to complete
processing the action.
(e) The
Department shall also assess permittees fees under this section for
agency-initiated, legally required modifications.
(5) Hazardous Waste RCRA Exemption Fee:
(a) The Department will assess each person(s)
requesting the following activities a standard fee of $30,000:
(A) Hazardous waste delisting or
declassification under 40 C.F.R. Part 260 and ORS
466.015.
(B) A variance from treatability or from the
definition of hazardous waste or solid waste.
(C) A petition for universal waste
listing.
(b) Within 60
days after receiving a request for a hazardous waste delisting and
declassification, variance from treatability or from the definition of
hazardous waste or solid waste, or hazardous waste petition for a universal
waste listing, the Department may determine that the nature of the request,
including the complexity of the proposed action and the factors required to be
met for the request to be processed, indicate that a higher fee would be
required. If the Department makes such a determination, the Department will
require the requestor to pay a higher fee, but not to exceed an additional
$100,000. The Department will notify the person requesting the exemption that
an additional fee is required. Upon receiving such a notification, the person
may discuss with the Department the amount of the fee and the scope of the
Department's regulatory activities associated with investigating and processing
the request. The person may withdraw the request or petition and be eligible
for a refund of fees paid as described in paragraph (c) of this
section.
(c) If the person
requesting the exemption withdraws a request for a hazardous waste delisting
and declassification, variance from treatability, or from the definition of
hazardous waste or solid waste, or hazardous waste petition for universal waste
listing, the Department shall refund fees paid depending upon the timing of the
withdrawal:
(A) If the person withdraws the
request or petition before or within 30 days of notification, the Department
will estimate the effort to date and refund any excess fee balance.
(B) If the person withdraws the request or
petition more than 30 days after notification that an additional fee is
required, the Department will refund 50% of the balance of the fee paid, if the
Department has done less than 50% of the work to complete processing the
requested action.
[NOTE: View a PDF of
40 C.F.R.
§
270.42, Appendix I, by clicking on
"Tables" link below.]
To view tables referenced in rule text,
click here to view
rule.
Statutory/Other Authority: ORS
466.020,
466.075,
466.165,
466.195
& 468.020
Statutes/Other Implemented: ORS
466.045
& 466.165