5 Colo. Code Regs. § 1003-7-6

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1003-7-6 - FEES

A. Establishment of Fees

Pursuant to Section 30-20-110.5,C.R.S. (1986 supp.), the State Board of Health shall establish, and may revise as necessary, a schedule of non-refundable fees to cover the reasonable costs of implementing a program for the beneficial use of sludge. For purposes of this section the term "sludge" is defined to mean water treatment sludge which use is subject to the provisions of this regulation and water treatment sludge and/or biosolids which use is subject to the provisions of the Colorado Biosolids Regulations.

The fee schedule shall be based on program cost projections prepared by the Department and submitted in writing to the Board for review. The Board will conduct a public hearing on any proposed change to the fee structure.

The reasonable costs of implementing and maintaining the program include, but may not be limited to, the following:

- Personal Services - the cost of personnel assigned to implement and maintain the program, i.e., salaries, benefits, etc.

- Operating - the costs associated with travel, laboratory analysis, and capital outlay.

- Program Evaluation - the costs associated with assessment of potential beneficial sludge use technology.

B. Assessment of Fees and Billing

(1) A non-refundable fee of one dollar and twenty-four cents per dry ton of sludge shall be assessed the producers whose sludge is used for beneficial purposes as defined in Section 1.B of these regulations.

The Department will notify producers when adjustments are made to the fee schedule and the effective date for implementing the changes.

(2) Producers shall receive a notice from the Department of the annual fee schedule. This notice shall accompany the Department's Beneficial Use Certification or Notice of Authorization for the Use and Distribution of Biosolids.

(3) Payment may be prepaid based on the annual projected sludge tonnage or paid based on the actual amount of dry sludge applied.

a) Prepayment of the annual projected payment must be made within the first quarter (January - March) of the calendar year. Prepayment must be made for an entire year.

Adjustment will be made to the following year's annual projected payment to reflect any overpayment or underpayment of the actual amount due. Adjustments will be based on the actual amount of sludge applied as reported in the annual reports multiplied by the fee in place during the period the sludge is to be applied, or

b) Payments based on the actual amount of sludge (dryweight basis) applied in the previous reporting period covered in the annual report must be remitted on or before May 19.

(4) Payment by check shall be made out to the Colorado Department of Health, Sludge Management Program. All such payments received shall be credited to the Sludge Management Program as provided for in C.R.S. 30-20-110.5(3).

C. Enforcement of Fee Payments

(1) Failure or refusal to make payment for application of domestic sewage sludge to land for beneficial purposes within the time frame specified in Section 6.B of these regulations shall result in suspension and/or revocation of the Beneficial Use Certification or Notice of Authorization for the Use and Distribution of Biosolids.

(2) Action to suspend or revoke the Beneficial Use Certification or Notice of Authorization for the Use and Distribution of Biosolids shall be taken by the Department if payment is not received following written notice sent by certified mail pursuant to Section 6.C.3. In the event of suspension or revocation of the Beneficial Use Certification or Notice of Authorization for the Use and Distribution of Biosolids, subsequent sludge application shall be subject to all applicable requirements of the State Solid Wastes Disposal Sites and Facilities Act until such time as payment is received and the Beneficial Use Certification or Notice of Authorization for the Use and Distribution of Biosolids is reinstated.

(3) Formal notification of the suspension or revocation shall be sent to the producer by certified mail. The notice shall state:

a) the effective date of the suspension or revocation;

b) the basis for suspension or revocation;

c) the consequences of applying sludge without the required Beneficial Use Certification or Notice of Authorization for the Use and Distribution of Biosolids.

D. Appeals of Actions on Fees

(1) All appeal reviews will be conducted by the Board in accordance with Section 24-4-105 of the State Administrative Procedures Act.

(2) Board action on the appeal is considered final agency action.

5 CCR 1003-7-6