Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD
Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS
Part V - Monthly Fees Collected By Receiving Facilities
Section 9VAC20-170-195 - Monthly fee requirements
Universal Citation: 9 VA Admin Code 20-170-195
Current through Register Vol. 41, No. 3, September 23, 2024
A. Purpose and application.
1. The purpose of
this section is to establish schedules and procedures pertaining to the payment
and collection of waste monthly fees from any owner or operator of any ship,
barge or other vessel by the receiving facility.
2. The fees shall be based on the accurate
weight of waste received at the receiving facility. If scales are unavailable,
the maximum volumetric capacity of the container multiplied by 0.50 tons per
cubic yard may be used as an alternative to accurate weighing of the waste. If
the volumetric alternative is used, accurate and complete records of the volume
of each container of such waste must be maintained in addition to the
calculated weight records describe in this part.
3. If a ship, barge or other vessel that
off-loads no more than 50 tons of waste per month in total at all facilities,
then the owner or operator of the ship, barge, or other vessel is exempt from
the assessment and payment of operating fees and related requirements set out
in this section, except for the maintenance of records.
B. Payment, deposit and use of fees.
1. Due date. The owner or operator of the
ship, barge, or other vessel shall pay, and the receiving facility shall
collect, the correct fees for all waste off-loading at the facility at or
before the time it is off-loaded. The owner or operator of the receiving
facility shall be the responsible steward for the funds collected and shall
forward to the department the total amounts due from all ships, barges or other
vessels off-loading at the facility on a monthly basis. All payments for waste
received at a facility during the month shall be received by the department no
later than the fifteenth of the succeeding month.
2. Method of payment.
a. The owner or operator of the receiving
facility shall send a payment transmittal letter to the Department of
Environmental Quality regional office for the area in which the receiving
facility is located. The letter shall contain the name of the facility, the
period that the payment covers, and a summary of weights of wastes received at
the facility for the period, including those calculated in accordance with
subdivision A 2 of this section. Attached to the letter shall be a log of the
waste received showing the date; time of weighing or measurement; weight or
volume and calculated weight of each container received; the name, address, and
telephone number of the owner or operator of the ship, barge, or other vessel
off-loading the container; the name, address and telephone number of the person
actually weighing the waste container or verifying the volume; a certification
of the accuracy of the scales based on a calibration, including the name,
address and telephone number of the person certifying the accuracy of the
scale. A facsimile of the check, draft, or money order submitted under
subdivision B 2 b of this section shall also be attached. The owner or operator
of the receiving facilities shall keep accurate accounts of all payments of
monthly fees by ship, barge or vessel owners and make them available to the
department for audit; however, he need not send this information with the
aforementioned payment unless requested to do so by the department.
b. 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. A copy of the transmittal letter required in
subdivision B 2 a of this section, not to include the attachments, shall be
included with the check.
c. Scales
shall be accurate to measurements of plus or minus 40 pounds and shall be
calibrated at least every 180 days. Scales for weighing containers must be
located at the receiving facility, unless the monthly fee is determined by the
maximum volumetric capacity of the container. Any failure to provide immediate
access by Department of Environmental Quality personnel or agents to records or
scale equipment during business hours shall be a violation of these
regulations.
3. Late
payment and incomplete payments. A late fee of 18.0% per annum, compounded
daily, shall accrue immediately after a payment is due but not received by
VDEQ. A facility shall be in arrears when a payment has not been received by
the Department of Environmental Quality by the date it is due. In the event
that a facility fails to submit the required monthly fee, the owner or operator
of the facility will be considered to be operating an unpermitted facility and
shall be required to either obtain a new permit by rule in accordance with
9VAC20-170-180 A or close the
facility in accordance with Article 2 (9VAC20-170-120 et seq.) of Part III
of this chapter.
4. Fee schedules.
The fee for each ton or partial ton of waste (the weight of the waste subject
to the fee does not include the weight of the empty container itself)
off-loaded at the facility shall be $1.00.
5. The fees collected shall be deposited into
a separate account with the Virginia Waste Management Board Permit Program Fund
and shall be treated as are other moneys in that fund except that they shall
only be used for the purposes of Article 7.1 (§ 10.1-1454.1) of Chapter 14
of Title 10.1 of the Code of Virginia, and for funding purposes authorized by
the article. Authorized funding purposes under the article include the
administrative and enforcement costs associated with such operations including,
but not limited to, the inspection and monitoring of such ships, barges or
other vessels to ensure compliance with the article, and activities authorized
by § 10.1-1454.1 to abate pollution caused by barging of waste, to improve
water quality, or for other waste-related purposes.
C. Right of entry, inspection and audit. Upon presentation of appropriate credentials and upon the consent of the owner or custodian, the director of the Department of Environmental Quality or his designee, in addition to the routine inspection of the facility, shall have the right to enter, inspect and audit the records of the receiving facility. The owner or operator of the facility shall provide complete and timely access, during business hours, to all associated equipment, records and facility personnel.
Statutory Authority
§ 10.1-1402 and 10.1-1454.1 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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