N.J. Admin. Code § 7:26G-3.3

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:26G-3.3 - Fee schedule for hazardous waste facilities, generators, and transporters

(a) Fees for generators filing a biennial report in accordance with 40 C.F.R. §§ 261.5(e), 261.5(f), 262.41 and 262.44 (as incorporated by reference at N.J.A.C. 7:26G-5 and 6) shall be based on quantities of hazardous waste generated during the odd numbered calendar year preceding the even numbered reporting year and on whether or not the report is submitted electronically, and, for electronic submissions, whether it is accurate and complete. Hazardous waste generator biennial reporting fees are as follows:

1. Less than 1.1 tons of hazardous waste: $ 34.00 for complete, accurate electronic reports; $ 135.00 for incomplete, inaccurate, or paper reports.

2. Equal to or greater than 1.1 tons but less than 10 tons of hazardous waste generated: $ 68.00 for complete, accurate electronic reports; $ 270.00 for incomplete, inaccurate, or paper reports.

3. Equal to or greater than 10 tons but less than 100 tons of hazardous waste generated: $ 127.00 for complete, accurate electronic reports; $ 507.00 for incomplete, inaccurate, or paper reports.

4. Equal to or greater than 100 tons but less than 150 tons of hazardous waste generated: $ 253.00 for complete, accurate electronic reports; $ 1,013 for incomplete, inaccurate, or paper reports.

5. Equal to or greater than 150 tons of hazardous waste generated: $ 405.00 for complete, accurate electronic reports; $ 1,621 for incomplete, inaccurate, or paper reports.

(b) The manifest processing fee for generators and hazardous waste facilities is as follows:

1. Generators located in the State of New Jersey: $ 10.00 per manifest.

2. Hazardous waste facilities: $ 10.00 per manifest for waste received from generators located outside of the State of New Jersey unless exempt under 7:26G-3.4(c). A hazardous waste facility will not be assessed a manifest processing fee for waste received from New Jersey generators.

(c) Fees for conducting inspections and compliance reviews for generators and facilities are as follows:

1. Inspection fee for a major commercial hazardous waste facility, as defined at 13:1E-42.1, shall be determined by the following formula:

F = Fee

T = Inspection time (expressed as a percentage of the Department's total annual time for all major facilities)

W = Total quantity of hazardous waste generated and manifested off-site and hazardous waste manifested into the facility (expressed as a percentage of total hazardous waste generated and received annually from off-site for all major facilities)

I = Total annual cost for inspecting major commercial hazardous waste facilities.

F = (T + W)/2 x I

2. For hazardous waste facilities other than major hazardous waste facilities as defined at 13:1E-42.1, the following fees apply:

i. The compliance monitoring fee for a commercial hazardous waste facility, other than a major hazardous waste facility as defined at 13:1E-42.1, shall be $ 1,285 per inspection.

ii. The annual compliance monitoring fee for a non-commercial hazardous waste facility shall be $ 3,820; and

iii. The annual compliance monitoring fee for a hazardous waste transfer facility shall be $ 3,550.

3. The compliance monitoring fee for a hazardous waste generator shall be divided by the number of generators in the appropriate category in order to arrive at the annual fee. For State fiscal year 2006, the following annual generator fees apply:

i. Large quantity generator: $ 940.00;

ii. Small quantity generator: $ 660.00;

iii. Conditionally exempt small quantity generator not included in i or ii above, with active identification number: $ 50.00.

4. For each State fiscal year after State fiscal year 2006, the fees assessed in (c)2 and 3 above shall be annually adjusted pursuant to (g), (h) and (j) below.

5. All fees under this subchapter shall be paid in U.S. dollars by certified check or money order, payable to "Treasurer, State of New Jersey " and mailed, along with the fee invoice, to the following address: Department of Treasury

Division of Revenue

PO Box 417

Trenton, NJ 08646-0417

(d) Fees for waste classification and delisting are as follows. Fees for waste classification shall be paid upon submission of each request for classification. A fee shall be assessed for each separate waste classification requested. Fees for each step in the delisting process shall be submitted prior to the commencement of review/action by the Department:

1. Fee for the classification of wastes where the total volume of waste to be classified is greater than or equal to 200 cubic yards of solids or 500 gallons of liquids, per classification: $ 477.00;

2. Fee for the classification of wastes where the total volume of waste to be classified is less than 200 cubic yards of solids or less than 500 gallons of liquids, per classification: $ 239.00;

3. Fee for the review of sampling plans submitted in support of waste classification requests, for each plan submitted: $ 275.00;

4. Fees for evaluating site specific waste streams for delisting pursuant to N.J.A.C. 7:26G-4 ( 40 C.F.R. § 260.22 ) shall be paid upon submission of the document, or in the case of the New Jersey Register notices, prior to the preparation of the notice, and are as follows:

i. Review of delisting petition: $ 42,227;

ii. Development, monitoring, and review of sampling plan: $ 1,377;

iii. Development and publication of public notice in the New Jersey Register: $ 13,770.

(e) Fees for permitting/review activities are as follows:

1. Fees for review of a permit application for a new hazardous waste facility, expansion of 50 percent or more at a major hazardous waste facility, as defined at 13:1E-51, and expansion of any facility that includes a new type of hazardous waste management unit among those listed below shall be paid at time of application submission and are as follows:

i. Land disposal (without storage) as defined in 40 C.F.R. § 268.2(c) (that is, landfills, surface impoundments, waste piles, injection wells, land treatment facilities, salt dome formations, salt bed formations, underground mines or caves, and concrete vaults or bunkers intended for disposal purposes): $ 60,355;

ii. Storage and/or treatment, including containers, tanks, drip pads, miscellaneous units, and containment buildings: $ 32,764, subject to any rebate available under (e)13 below;

iii. Incineration (including boilers and industrial furnaces) with trial burn: $ 137,955;

iv. Incineration (including boilers and industrial furnaces) without trial burn: $ 120,711;

2. Fees for review of permit renewal application shall be paid at time of renewal application submission and are as follows:

ii. Non-commercial storage and/or treatment, including containers, tanks, drip pads, miscellaneous units, and containment buildings: $ 24,142;

iii. Commercial storage and/or treatment, including containers, tanks, drip pads, miscellaneous units, and containment buildings: $ 44,835;

iv. Incineration (including boilers and industrial furnaces) with trial burn: $ 94,844;

v. Incineration (including boilers and industrial furnaces) without trial burn: $ 77,600;

3. Fees for permit issuance/denial for a facility with "existing facility status" prior to February 3, 1992 shall be paid by June 2, 1992 or at the time of public notice of the draft permit/denial, whichever is earliest. Fees for permit issuance/denial for a facility with "existing facility status" after February 3, 1992 shall be paid at the time of public notice of the draft permit/denial. These fees are as follows:

ii. Storage and/or treatment, including containers, tanks, drip pads, miscellaneous units, and containment buildings: $ 32,764, subject to any rebate available under (e)13 below;

iii. Incineration (including boilers and industrial furnaces) with trial burn: $ 137,955;

iv. Incineration (including boilers and industrial furnaces) without trial burn: $ 120,711;

4. Fees for the issuance of a closure plan approval shall be paid at time of submission of the application for closure and are as follows:

i. Closure with soil sampling plan: $ 10,778;

ii. Closure without soil sampling plan: $ 6,467;

5. The fee for the approval/denial of existing facility changes pursuant to N.J.A.C. 7:26G-12 ( 40 C.F.R. § 270.72 ) shall be paid at time of submission of request for change and is: $ 862.00;

(Reserved)

7. The fee for permit modifications shall be paid at time of modification request and are as follows:

i. Class 1 modifications: $ 1,207;

ii. Class 2 modifications: $ 5,001;

iii. Class 3 modifications: $ 20,262;

8. The fee for a RD & D permit (as described at 40 C.F.R. § 270.65 ) shall be paid at time of application for permit and is: $ 32,764, subject to any rebate under (e)13 below;

9. The fee for issuance of an emergency permit is: $ 5,518;

10. The fee for treatability study annual report shall be paid at time of submission of report and is: $ 174.00;

11. The fee for permit exemption qualification determinations shall be paid at time of submission of request and is: $ 1,035;

12. The fee for review of Environmental Health and Impact Statements shall be paid at time of submission and is: $ 17,244;

13. A non-commercial hazardous waste facility which has paid a fee under (e)1ii, (e)3ii, or (e)8 above may request a rebate of part of the fee. The request shall be in writing and delivered to the Department after the final permit for the facility is issued, but no later than 20 days after the final permit is issued. If the Department's timekeeping records show that the actual cost to the Department to issue the final permit is more than 10 percent less than the fee provided in (e)1ii, (e)3ii, or (e)8 above, the Department shall rebate the difference between the fee provided in (e)1ii, (e)3ii, or (e)8 above and the actual cost. Facilities requesting a rebate of part of the fee under (e)15 below shall make the request in writing and deliver it to the Department after the Department action on the activity, but no later than 20 days after the action is completed. If the Department's timekeeping records show that the actual cost to the Department is more than 10 percent less than the estimated fee, the Department shall rebate the difference between the estimated fee and the actual cost.

14. All costs associated with public participation in the permit process (including, but not limited to, public hearing costs such as stenographer fees and public hearing notice, and costs for public notices of draft permits and closure plans where no public hearing is scheduled, etc.) shall be paid by the permit applicant. The applicant will be billed by the Department prior to permit issuance.

15. If the Department determines that the activity is of a type listed in (e)1 through 12 above, the amount of the fee shall be equal to the amount listed in (e)1 through 12 above. If the Department determines that such activity is not of a type listed in (e)1 through 12 above, the fee shall be equal to the Department's estimate of the number of person-hours required to perform such activity, multiplied by the hourly rate of $ 86.22, subject to any rebate available under (e)13 above.

(f) Hazardous waste transporters shall pay an annual registration fee pursuant to the following:

1. Except for new hazardous waste transporter applicants, any hazardous waste transporter that collects or delivers hazardous waste within the State of New Jersey shall pay an annual fee that is the greater of the per ton fee pursuant to (f)1i and ii below, or the minimum fee pursuant to (f)3 below. Each hazardous waste cab and transport unit (as defined at 7:26G-4.2 ) used in the collection or delivery of hazardous waste in New Jersey shall bear a New Jersey hazardous waste transporter registration decal for identification purposes. The registration period shall be biennial, unless otherwise established by the Department, and shall extend from July 1 through June 30 of each odd numbered year. In each odd numbered year, the annual fee, in the form of a check or money order, payable to "Treasurer, State of New Jersey," shall accompany the submission of the biennial registration application. Fees shall be billed by the Department during the month of March, and shall be payable prior to May 1 of each calendar year. All vehicles registered with the Department must be owned or leased by the applicant. If the vehicle is leased, a copy of the lease must be submitted with the registration application. The registration of a hazardous waste transporter is non-transferable and fees are not to be prorated. The annual registration fee is as follows:

i. For State fiscal year 2006, $ 1.67 for each ton of hazardous waste transported by a hazardous waste transporter, based on the manifest data on file with the Department as of the previous October 1, for the prior calendar year; and

ii. For each State fiscal year following State fiscal year 2006, the fee for each ton of hazardous waste that transporter collects or delivers in New Jersey in the applicable 12-month period shall be annually adjusted pursuant to (i) and (j) below. The number of tons transported by that transporter shall be the amount of hazardous waste originating from or delivered to New Jersey facilities that is recorded in the State's hazardous waste manifest system for that transporter.

2. New hazardous waste transporter applicants shall pay a registration fee that is calculated pursuant to the following formula, rounded to the nearest $ 5.00. Applicants that are applying to register more than five vehicles and therefore need more than five decals (used to show proof of registration) shall be billed the actual cost for each decal, beyond the initial five. The fee shall be submitted with the application. For State fiscal year 2006, the registration fee for a new hazardous waste transporter is $ 65.00 plus $.14 per decal for more than five decals.

New Applicant Registration Fee = ((AS+FB+IC+OE+LS)/BH)0.5

Where: AS, FB, IC, OE, LS and BH shall be defined at (g) below.

3. The minimum hazardous waste transporter registration fee shall be calculated pursuant to the following formula, rounded to the nearest $ 5.00. Any registered transporter that hauls no waste during the year for which the annual fee was calculated pursuant to (f)1i and ii above, will pay the minimum fee. For State fiscal year 2006, the minimum registration fee for a hazardous waste transporter is $ 65.00. On registration renewal years, registrants that have not transported any waste and that require more than five decals will be billed the actual cost for each decal, beyond the initial five, per the contract awarded by the Department to its decal supplier.

Minimum Registration Fee = ((AS+FB+IC+OE+LS)/BH)0.5

Where: AS, FB, IC, OE, LS and BH shall be defined at (g) below.

(g) The Department shall calculate the hazardous waste fee hourly rate for the upcoming State fiscal year as of the December that precedes the upcoming State fiscal year as follows:

Hourly Rate =	(AS+FB+IC+OE+LS)
BH

Where:

AS = The average annual salary of the Direct Program staff assigned to the activity, plus a component that reflects the salaries for Direct Support and Division Overhead staff who perform functions related to the fee activity. To calculate AS, the Department divides the applicable number of Direct Support staff and Division Overhead staff salaries by the number of Direct Program staff and adds this figure to the average salary of the Direct Program staff.

FB = The average fringe benefits for an employee calculated as a percentage of the average salary. The New Jersey Department of Treasury sets the percentage based on costs associated with pensions, health benefits, workers compensation, disability benefits, unused sick leave and the employer's share of the Federal Income Compensation Act (FICA) contribution. The percentage is annually set by the New Jersey Department of Treasury.

IC = The indirect costs, which are calculated at a rate negotiated annually between the Department and the United States Environmental Protection Agency. Indirect costs are those costs incurred for a common or joint purpose, benefiting more than one objective and not readily assignable to the cost objective specifically benefited without effort disproportionate to the result achieved. Indirect costs consist of Department management salaries and operating expenses, divisional indirect salaries and related expenses (personnel, fiscal and general support staff), building rent and the Department allocation of indirect costs listed in the Statewide Allocation Plan prepared annually by the State Department of the Treasury. Indirect costs do not include the salaries for Division Overhead staff and Direct Support personnel. To calculate the IC, the current negotiated rate is multiplied by the sum of AS and FB.

OE = The average operational expenses attributable to a Direct Program Staff position. Operating expenses include costs incurred in connection with the program for such items as postage, telephone, training, travel, supplies, equipment maintenance, vehicle maintenance and data system management (internal systems such as the New Jersey Environmental Management System (NJEMS) and external mainframe applications through the Office of Information Management).

LS = The budgeted annual costs of legal services performed in connection with each of the types of activities for which fees are assessed divided by the total number of Direct Program staff funded through the various fee programs.

BH = 1,428. The billable hours, which is the average number of hours each Direct Program staff position spends annually performing activities for which fees are assessed, is determined by starting with the total number of days in the calendar year, 365. Then weekends and holidays are subtracted. This figure is further reduced by subtracting days for an average number of used employee leave time (vacation, sick and administrative leave days). Finally, the figure is adjusted by subtracting days for training and other non-billable staff time (such as medical surveillance, time sheet preparation, staff meetings, and other general functions). This results in 204 working days annually that can be allocated to specific objectives (204 days multiplied by seven hours per workday equals the 1,428 billable hours used for most calculations).

(h) The Department shall calculate hazardous waste facility compliance monitoring fees for the upcoming State fiscal year as of December 1 that precedes the upcoming State fiscal year, as follows:

1. Calculate task hours by determining the number of hours (determined from time coding and/or workload analysis) required to perform the specific program function for which the Direct Program staff is being employed.

2. Multiply the hourly rate derived pursuant to (g) above by the specific task hours for each type of activity for which a fee is listed pursuant to (h)1 above to determine the hazardous waste compliance monitoring fee.

(i) The Department shall annually determine during the month of October the hazardous waste transporter per ton fee, using the following formula:

Per Ton Fee =	Direct Program Staff x (AS + FB + IC + OE + LS)
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Total Tons Transported

Where:

Direct Program Staff = The Full Time Equivalent (FTE) level, projected to the nearest five percent, for all positions required to code time directly to any of the functions associated the hazardous waste transporter program, including but not limited to; issuance of transporter registration documents, transporter billing, compliance monitoring, inspections and any actions regulatory activity. The FTE, including but not limited to managers, clerical support, rule writers, administrative and information technology support staff, not attributable to specific program functions (including, but not limited to, hazardous waste transporter registration, solid waste transporter registration, Regulated Medical Waste, A901, recycling centers, solid waste permit fees, manifest and the biennial report programs in Solid Waste Management), shall be apportioned in proportion to those various program areas. Any FTE funded by alternative non-fee sources, such as Federal grants, shall not be included in the determination of the FTE.

AS, FB, IC, OE, and LS are as they are defined in at (h) above.

"Total Tons Transported" is the combined amount of hazardous waste that originates from or is delivered to New Jersey facilities by all registered transporters as reported on the hazardous waste manifest system for a given year of the registration period.

(j) Each year, the Department shall prepare a Hazardous Waste Fee Hourly Rate Report, a Hazardous Waste Compliance Monitoring Fee Report, and an Annual Hazardous Waste Transporter Tonnage Calculation Report detailing the factors used to calculate hourly rate, the compliance monitoring fee and the per ton rate. During the month of December, the Department shall publish in the New Jersey Register a notice that includes a summary of each report and the hourly rate, the compliance monitoring fee and the per ton rate. The notice shall state the reports are available, and shall direct interested persons to contact the Department for a copy of either report. The Department shall provide a copy of either report to each person requesting a copy and shall post a copy of each report on the Department's website at http://www.state.nj.us/dep.

N.J. Admin. Code § 7:26G-3.3

Amended by R.2001 d.86, effective 3/5/2001.
See: 32 N.J.R. 2536(a), 33 N.J.R. 880(a).
Rewrote (a).
Amended by R.2002 d.140, effective 5/6/2002.
See: 33 N.J.R. 3794(a), 34 N.J.R. 1669(b).
Rewrote section.
Amended by R.2003 d.454, effective 11/17/2003.
See: 35 N.J.R. 321(a), 35 N.J.R. 5268(b).
Rewrote (c).
Amended by R.2007 d.350, effective 11/5/2007.
See: 39 N.J.R. 1953(a), 39 N.J.R. 4834(a).
Deleted former (f); and recodified former (g) as (f).
Amended by R.2008 d.16, effective 1/7/2008.
See: 38 N.J.R. 5227(a), 40 N.J.R. 133(a).
Rewrote (c)2, (c)3 and (c)4; added (c)5; rewrote (f); and added (g) through (j).
Public Notice: Adjusted FY 2008 Fees.
See: 40 N.J.R. 4358(a).
Public Notice: Adjusted FY 2009 Fees.
See: 41 N.J.R. 314(b).