Current through Register Vol. 41, No. 3, September 23, 2024
A. In accordance
with §
10.1-1232A
5 of the Code of Virginia, the applicant shall submit a registration fee to
defray the cost of the program. For applications received by the department on
and after July 1, 2014, the registration fee shall be remitted in three phases
as required by this section.
B.
Phase 1 of the registration fee shall be an application fee in the amount of
$2,000.
1. Payment of the phase 1 registration
fee is required for each application received by the department on or after
July 1, 2014.
2. The phase 1
registration fee is due when the application is submitted and shall be made
payable to the Treasurer of Virginia.
3. The phase 1 registration fee shall be
submitted separately from the application package and remitted to Virginia
Department of Environmental Quality, P.O. Box 1104, Receipts Control, Richmond,
VA 23218.
4. An application is not
administratively complete until the phase 1 registration fee is received by the
department. Review of an application for eligibility in accordance with
9VAC20-160-30
and
9VAC20-160-40
shall not commence until the application is administratively
complete.
C. Phase 2 of
the registration fee shall be an eligibility fee in the amount of $7,500.
1. Payment of the phase 2 registration fee
shall be required after eligibility has been verified by the department and
prior to technical review of submittals pursuant to
9VAC20-160-80.
Upon receipt of the phase 2 registration fee, the site and applicant shall be
considered by the department to be participating in the program.
a. A phase 2 registration fee shall be
required from the applicant for each site that has been determined to be
eligible for participation in the program based upon an application received by
the department on or after July 1, 2014.
b. A separate phase 2 registration fee is
required for each section of a phased remediation project that requires a
separate eligibility determination or for any site that requires a separate
certificate issued for that section pursuant to
9VAC20-160-110.
In the event that the phased remediation work continues beyond November 1, then
phase 3 registration fees shall also be billed and remitted annually until
project completion in accordance with subsection D of this section.
c. No phase 2 registration fee shall be
required for a site that has been determined to be eligible for participation
in the program based upon an application received by the department prior to
July 1, 2014, unless the site requires more than a single certificate to be
issued.
d. If multiple certificates
are issued at the same time for different portions of a project pursuant to
9VAC20-160-110,
a phase 1 fee shall be due for each certificate after the first.
2. Payments of phase 2
registration fees shall (i) be made payable to the Treasurer of Virginia, (ii)
include the Voluntary Remediation Program (VRP) ID number assigned by the
department, and (iii) be remitted to Virginia Department of Environmental
Quality, P.O. Box 1104, Receipts Control, Richmond, VA 23218. The phase 2
registration fees shall be remitted to the department within 90 days after date
of the eligibility determination unless the department agrees to extend the
period for remitting the phase 2 registration fee.
3. Failure to remit the required phase 2
registration fee in accordance with subdivision 2 of this subsection within 90
days after the date of eligibility determination shall result in the loss of
eligibility status of the applicant and the site. After such loss of
eligibility, the applicant must reestablish eligibility in order to participate
in the program.
a. The department shall mail
notification of nonpayment of the phase 2 registration fee and pending loss of
eligibility at least 30 days prior to loss of the applicant's and the site's
eligibility.
b. If eligibility is
lost as a result of failure to remit a phase 2 registration fee, the applicant
shall pay new phase 1 and phase 2 registration fees as part of reestablishing
eligibility.
D. Phase 3 of the registration fee shall be
an annual program cost defrayment fee in the amount of $4,500. If a site (i)
has been determined to be eligible for participation in the Voluntary
Remediation Program based upon an application received by the department on or
after July 1, 2014, and (ii) is participating in the Voluntary Remediation
Program, a phase 3 registration fee shall be assessed for that site as follows:
1. On November 1 of each calendar year, any
site participating in the program on that day shall be assessed a phase 3
registration fee if the application on which the eligibility determination was
based was received by the department in a calendar year prior to that year.
a. For example, any eligible site
participating in the program on November 1, 2017, based upon an application
that had been received by the department in calendar year 2016 will be assessed
a phase 3 registration fee to be billed on March 1, 2018.
b. For any site where the application was
received prior to July 1, 2014, the site is not subject to a phase 3
registration fee unless the site requires multiple certificates (e.g., the
original site was divided and certificates are issued at separate
times).
c. Sites that are not
participating in the program, including sites that have not yet been determined
to be eligible to participate in the program, sites that have had a certificate
issued pursuant to
9VAC20-160-110
prior to November 1, and sites that have been terminated from participation in
the program pursuant to
9VAC20-160-100 prior
to November 1 are not subject to a phase 3 registration fee assessment for that
calendar year and will not be billed on March 1 of the following
year.
2. The phase 3
registration fee is not prorated for participation in the program for portions
of calendar years.
3. The phase 3
registration fee assessed for an eligible site shall be billed to the applicant
on March 1 of the calendar year following the November 1 assessment.
4. The assessed phase 3 registration fee is
due on April 1 of the billing year and shall (i) be made payable to the
Treasurer of Virginia, (ii) include the VRP ID number assigned by the
department, and (iii) be remitted to Virginia Department of Environmental
Quality, P.O. Box 1104, Receipts Control, Richmond, VA 23218.
5. The phase 3 registration fees shall be
remitted to the department by the due date specified in subdivision 4 of this
subsection unless extended by the department.
a. Failure to remit a required phase 3
registration fee within 30 days of the due date shall be cause for termination
from the program in accordance with
9VAC20-160-100 A
4.
b. The department shall mail
notification of nonpayment of the phase 3 registration fee and intent to
terminate participation in accordance with
9VAC20-160-100 to the
participant at least 30 days prior to termination.
6. No phase 3 registration fee shall be
assessed for a site participating in the program based upon an application
received by the department prior to July 1, 2014, unless the participant
elected to subdivide the site or conduct a phased remediation project requiring
multiple certificates for the site.
7. Any assessed phase 3 fees shall be
remitted to the department before a certificate is issued.
E. The total amount of fees collected by the
board shall defray the actual reasonable costs of the program. The director
shall take whatever action is necessary to ensure that this limit is not
exceeded.
F. No portion of
Voluntary Remediation Program registration fees collected pursuant to this
section shall be refunded.
G. If a
site has been terminated from the program in accordance with
9VAC20-160-100, a new
application shall be submitted before the site will be considered for a new
eligibility determination and reenrollment into the program. The applicant
shall also remit new phase 1 and phase 2 registration fees in accordance with
this section and no monetary credit will be given for any fees submitted prior
to termination.
H. Amendments to a
site's certificate or the associated declaration of restrictive covenants
issued by the department pursuant to
9VAC20-160-110
shall be subject to registration fees based on the amendments requested. The
land owner shall submit a certificate amendment request to the department
describing the changes being requested. The department will review the request
and notify the land owner of any additional information required and the amount
of the registration fee to be remitted as follows:
1. For amendments to the certificate or the
associated declaration of restrictive covenants not requiring a technical
review by the department, only a phase 1 registration fee shall be
required.
2. For amendment requests
that require technical review by the department, no phase 1 registration fee
shall be required, but a reduced phase 2 registration fee in the amount of
$4,500 shall be required. In the event that the amendment request also meets
the phase 3 registration fee criteria in subsection D of this section based
upon the date that the department received the amendment request being the date
of the application for such purpose, phase 3 registration fees shall also be
billed and remitted.
I.
For a site that has been determined to be eligible for participation in the
program based upon an application received by the department , a request to
change the participant for such site received by the department will not in and
of itself subject the site to the fees under this section.
Statutory Authority: §
10.1-1232
of the Code of Virginia.
