6 Colo. Code Regs. § 1007-3-100.3.31

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

Section 6 CCR 1007-3-100.3.31 - ANNUAL FEES

(a)Applicability.

(1)Operating fees. All facilities that are operated for the treatment, storage, or disposal of hazardous wastes under Parts 264, 265 or 100 of these regulations are subject to the annual operating fee from the time such facilities first begin treating, storing or disposing of hazardous waste until final closure is certified and shall provide payment to provide reimbursement to the Department for those costs incurred in tracking, compliance monitoring, compliance assistance, plan review, enforcement, and other recurring activities that are reasonable and necessary to ensure compliance with these regulations.

(2)Post-closure fees. All facilities that conduct post-closure care under § § 264.117 through 264.120 or § § 265.117 through 265.121 of these regulations are subject to the post-closure fee for the duration of the post-closure care period and shall provide payment to provide reimbursement to the Department for those costs incurred in tracking, compliance monitoring, compliance assistance, plan review, enforcement, and other recurring activities that are reasonable and necessary to ensure compliance with these regulations.

(3)Generator fees. All generators of hazardous waste that are subject to the fee requirements of section 25-15-302, C.R.S. and § 262.9 of these regulations, shall provide payment to reimburse the Department for those costs incurred in tracking, compliance monitoring, compliance assistance, plan review, enforcement, and other recurring activities that are reasonable and necessary to ensure compliance with these regulations.

(4)Corrective Action fees. Any facility performing corrective action activities under § § 100.26, 100.27, 264.101, or 265.5 of these regulations are subject to annual fees for the operation and post-closure care of any corrective action management unit established under § 264.552 of these regulations. In addition, all facilities that utilize environmental use restrictions, as defined in section 25-15-101 (4.7), C.R.S., as a basis for corrective action decisions at areas of their facility that are not otherwise subject to post-closure fees are subject to an annual fee for the environmental use restrictions. These fees are to provide reimbursement to the Department for those costs incurred in tracking, compliance monitoring, compliance assistance, plan review, enforcement, and other recurring activities that are reasonable and necessary to ensure compliance with these regulations.

(b)Schedule. Owners and operators of treatment, storage or disposal facilities shall pay annual operating, post-closure, and corrective action fees according to the schedule in this section. The total annual operating fee for non-commercial treatment, storage, or disposal facilities (including operating fees for corrective action management units) shall not exceed $50,000 unless wastes managed at such facility include:

(1) acute hazardous wastes, as specified under § 261.33;

(2) reactive wastes, as specified under § 261.23; or

(3) radioactive mixed wastes. If a facility manages any of these wastes, then the $50,000 ceiling for annual fees shall not apply to these wastes but shall only apply to other wastes managed at the facility. Fees for these three types of hazardous waste shall be calculated separately and shall not be subject to the $50,000 limit shown in the schedule presented at the end of this Part.

(1)Treatment or disposal facilities.

(i) Owners or operators of commercial hazardous waste treatment or disposal facilities shall pay annual operating fees based either on the quantity of hazardous waste received at the facility for treatment or disposal in a hazardous waste management unit during the calendar year, as recorded in the facility operating record kept in accordance with § 264.73 or § 265.73 of these regulations, or a minimum fee based on the type of treatment or disposal units or processes at the facility, whichever results in the greater fee.

(ii) Owners or operators of commercial Class I hazardous waste treatment or disposal facilities shall also pay annual operating fees based on the quantity of non-hazardous waste received at the facility for treatment or disposal in a hazardous waste management unit during the calendar year, as recorded in the facility operating record kept in accordance with § 264.73 or § 265.73 of these regulations. This fee will not apply to materials regulated by a radioactive materials license issued by this Department.

(iii) Owners or operators of non-commercial hazardous waste treatment or disposal facilities shall pay annual operating fees based either on the quantity of hazardous waste treated or disposed in a hazardous waste management unit during the calendar year, as recorded in the facility operating record kept in accordance with § 264.73 or § 265.73 of these regulations, or a minimum fee based on the type of treatment or disposal units or processes at the facility, whichever results in the greater fee.

(iv) Owners or operators of non-commercial Class I hazardous waste treatment or disposal facilities shall also pay annual operating fees based on the quantity of non-hazardous waste received at the facility for treatment or disposal in a hazardous waste management unit during the calendar year, as recorded in the facility operating record kept in accordance with § 264.73 or § 265.73 of these regulations. This fee will not apply to materials regulated by a radioactive materials license issued by this Department.

(v) For commercial and non-commercial hazardous waste facilities or units that first begin treating or disposing of any type of waste on a date other than January 1st in any given calendar year, the minimum fee, if applicable, shall be assessed on a prorated basis.

(vi) Each volume of any type of waste treated or disposed at a hazardous waste management unit of a facility is subject to the annual operating fee based on whether that waste is treated or disposed, as shown in the schedule of this section. In cases where a given volume of any type of waste is treated and/or disposed at a particular facility or undergoes more than one type of treatment at that facility, that volume of waste shall be subject to only one fee- that which applies to the treatment or disposal method in the highest class on the annual fee schedule.

(vii) In cases where a given volume of hazardous waste is only stored pending treatment or disposal, that hazardous waste is subject to a fee based on the amount of that hazardous waste in storage at the facility on December 31 of the previous year plus the amount of that hazardous waste shipped off-site during the previous year. Commercial facilities have the option of calculating the fee for hazardous waste which is only stored pending treatment or disposal by using operating records kept in accordance with § 264.73 or § 265.73 of these regulations that note the volume of this hazardous waste received during the previous calendar year.

(viii) No less than the minimum fee shall apply to each treatment and/or disposal facility regardless of the volume of waste received by the facility or whether any waste is treated, stored or disposed by the facility during the year. The minimum fee which applies to a given facility shall be calculated by adding the minimums shown in the schedule of this section for each type of treatment, storage or disposal unit or process required to be listed on the facility's Part A permit application.

(2)Storage-only facilities.

(i) Owners or operators of facilities that store hazardous waste but do not perform treatment on or disposal of that waste shall pay annual operating fees based on the volume of hazardous waste in all waste management units (e.g. tanks plus containers) on December 31 of the preceding year plus the amount of hazardous waste shipped off-site from the facility during the previous year. For the purposes of this paragraph, this includes storage of hazardous waste prior to resource recovery. Commercial facilities have the option of calculating the fee for hazardous waste which is only stored by using operating records kept in accordance § 264.73 or § 265.73 of these regulations that note the volume of this hazardous waste received during the previous calendar year.

(ii) No less than the minimum fee shall apply to each facility regardless of the volume of hazardous waste shipped off-site from the facility, or whether any hazardous waste was stored by the facility during the year. The minimum fee which applies to a given facility shall be calculated by adding the minimums shown in the schedule of this section for each type of storage unit required to be listed on the facility's Part A permit application.

(3)The closure period.

(i) For purposes of this section, the "closure period" for interim status treatment, storage or disposal facilities undergoing final closure (as defined in § 260.10 of these regulations) is that time from final approval of a closure plan under § 265.112(d) until final certification of closure under § 265.115. For permitted facilities undergoing final closure, the "closure period" is that time from the beginning of implementation of an approved closure plan until final certification of closure under § 264.115. For purposes of this section, the term "closure plan" includes any equivalent document required under § § 264.110(c) or 265.110(d). For facilities undergoing final closure, the annual fee during the closure period shall be calculated by adding the following two components:

(A) For that portion of the year prior to the beginning of the closure period, the appropriate fees for the facility as described above in § 100.31(b)(1) and (2) shall be assessed on a prorated basis, except that the inventory date for calculating the volume of waste in storage shall be the last day before the closure period begins, instead of December 31, and;

(B) For that portion of the year when the facility is in the closure period, the minimum fee calculated according to (b)(1)(ii) and (b)(2)(ii) shall apply, on a prorated basis. If any units are being closed under § 264.310 or § 265.310 (as landfills), then the minimum fee shown in the schedule for units closing as landfills shall apply to those units.

(ii) For purposes of this section, the "closure period" for hazardous waste management units at interim status facilities undergoing partial closure (as defined in § 260.10 of these regulations) is that time from final approval of a closure plan for those units under ' 265.112(d) until final certification of closure for those units under § 265.115. For units at permitted facilities undergoing partial closure, the closure period is that time from the beginning of implementation of an approved closure plan for those units until final certification of closure for those units under § 264.115. For facilities undergoing partial closure the annual fee during the closure period shall be calculated by adding the following two components:

(A) For that portion of the year prior to the beginning of the closure period, the appropriate fees for the facility as described above in § 100.31(b)(1) and (2) shall be assessed on a prorated basis, except that the inventory date for calculating the volume of hazardous waste in storage shall be the last day before the closure period begins, instead of December 31, and;

(B) For that portion of the year when units at the facility are in the closure period, the appropriate fees for the facility as described above in § 100.31(b)(1) and (2) shall be assessed on a prorated basis, with the following exceptions: the fee for the facility shall not be based on the volume of hazardous waste managed at units in the closure period, the minimum fee for the facility according to (b)(1)(ii) and (b)(2)(ii) shall include the minimum fees for those units in the closure period, and if any of those units are being closed under § 264.310 or § 265.310 (as landfills), then the minimum fee shown in the schedule for units closing as landfills shall apply to those units.

(4)Post-closure. Owners or operators of treatment, storage or disposal facilities subject to post-closure care shall pay post-closure fees based on the number of units (e.g., two surface impoundments plus one waste pile) being closed pursuant to § § 264.110(c) or 264.310 or § § 265.110(d) or 265.310. The post-closure fees apply on a prorated basis when a facility or units at a facility are in the post-closure care period for a portion of the year.

(5)Corrective Action. Owners or operators of facilities that utilize environmental use restrictions as a basis for corrective action decisions, under § § 100.26, 264.101, or 265.5 of these regulations, at areas of their facility that are not otherwise subject to post-closure fees shall pay an annual fee associated with that environmental use restriction. The environmental use restriction fee shall be assessed at a rate of $1,000 per each five geographically distinct areas subject to environmental use restrictions, or fraction thereof. (For example, if a facility had 1, 2, 3, 4 or 5 geographically distinct areas subject to environmental use restrictions, it would pay a $1,000 annual fee; if it had 6, 7, 8, 9, or 10 geographically distinct areas subject to environmental use restrictions, it would pay an annual fee of $2,000; etc.) This fee applies on a prorated basis for any portion of an environmental use restriction in place for only a portion of the year.

ANNUAL FEES SCHEDULE

Type of facility/regulated unit	Operating Fee
Class I Landfills Commercial Non-commercial Units closing as landfills Commercial Non-commercial Underground injection wells Disposal CAMUs	$9.92/ton of hazardous waste disposed, $5.25/ton of non-hazardous waste disposed, min. of $56,700 $9.92/ton of hazardous waste disposed, $5.25/ton of non-hazardous waste disposed, min. of $17,010 $42,525 $17,010 $9.92/ton of hazardous waste disposed, $5.25/ton of non-hazardous waste disposed, min. of $14,175 $9.92/ton of hazardous waste disposed, $5.25/ton of non-hazardous waste disposed, min. of $7,088
Class II Surface impoundments Commercial Non-commercial Waste piles Land Treatment Incinerators/Boilers and Industrial Furnaces Off-site (commercial) facilities On-site facilities Research, Pilot or RD & D facilities Treatment/Storage CAMUs	$7.09/ton of waste stored, min. of $17,010 $7.09/ton of waste stored, min. of $12,474 $7.09/ton of waste stored, min. of $12,474 $7.09/ton of waste treated, min. of $12,474 $7.09/ton of waste processed, min. of $22,680 $7.09/ton of waste processed, min. of $11,340 $7.09/ton of waste processed, min. of $2,835 $3.55 /ton of waste treated or stored, min. of $1,418
Class III Tank storage (except resource recovery) Container storage (except resource recovery) Containment Buildings Treatment processes, all except those done in Class II units Tank storage (resource recovery) Container storage (resource recovery)	$7.09/ton of waste stored, min. of $1,871 $7.09/ton of waste stored, min. of $1,871 $7.09/ton of waste stored, min. of $1,871 $7.09/ton of waste treated, min. of $1,871 $4.12/ton of waste stored, min. of $936 $4.12/ton of waste stored, min. of $936
Class IV All except injection wells	$3.27/ton of waste treated or stored, min. of $210
Post-Closure Fee All units (including CAMUs)	$5,250 per unit
Use restrictions for corrective action decisions	$1,000 per each five geographically distinct areas subject to environmental use restrictions, or fraction thereof.(1)

(1) For purposes of this calculation, each Solid Waste Management Unit or otherwise regulated unit shall be considered a geographically distinct unit. In addition, groundwater shall be treated as geographically distinct from associated soil contamination.

(c)Payment. All owners and operators of facilities subject to the fees of this section shall provide timely payment of the annual fees to the Treasurer of the State of Colorado, as provided in this section. All annual fees shall be credited to the Hazardous Waste Service Fund. A late payment fee of 2% per month or portion thereof shall be assessed on any unpaid balance subject to the limitations of § 24-79.5-101, et seq. C.R.S.

(1)Disposal. Owners and operators of commercial hazardous waste disposal facilities shall submit payment of the annual operating fee on a quarterly basis. The fee shall be paid within 30 days after receiving the bill for the previous quarter. Owners and operators of non-commercial hazardous waste disposal facilities shall submit payment of the annual operating fee each year within 30 days after receiving the bill. These fees shall be calculated as previously described in this section using the schedule of this section.

(2)Treatment and Storage. Owners and operators of hazardous waste treatment and storage facilities shall submit payment of the annual operating fee each year within 30 days after receiving the bill. The fee shall be calculated as previously described in this section using the schedule of this section.

(3)Post-closure. Owners and operators of facilities conducting post-closure care shall submit payment of the annual post-closure fee each year within 30 days after receiving the bill. The fee shall be calculated as previously described in this section using the schedule of this section.

(4)Generators. Owners and operators of facilities that generate hazardous waste shall submit payment of the annual generator fee each year within 30 days after receiving the bill. The fee shall be consistent with § 262.9 of these regulations.

(5)Corrective Action. Owners and operators of facilities conducting corrective action shall submit payment of the corrective action fee each year within 30 days after receiving the bill. The fee shall be calculated as previously described in this section using the schedule of this section.

(d)Annual review. Each year, beginning July 2002, the Director shall review the annual fee structure for treatment, storage and disposal facilities and generators and shall submit a report to the Commission evaluating whether the fee structure is both equitable to the regulated community and is sufficient to recover reasonable program expenses incurred. In making this evaluation, and in proposing any adjustments to the fee structure, the Director shall apply the criteria set forth in section 25-15-302 (3.5)(b), C.R.S.

6 CCR 1007-3-100.3.31

37 CR 24, December 25, 2014, effective 3/2/2015

38 CR 11, June 10, 2015, effective 6/30/2015

39 CR 05, March 10, 2016, effective 3/30/2016

39 CR 11, June 10, 2016, effective 6/30/2016

40 CR 06, March 25, 2017, effective 4/14/2017

40 CR 11, June 10, 2017, effective 6/30/2017

40 CR 21, November 10, 2017, effective 11/30/2017

41 CR 06, March 25, 2018, effective 4/14/2018

41 CR 11, June 10, 2018, effective 6/30/2018

41 CR 24, December 25, 2018, effective 1/14/2019

42 CR 06, March 25, 2019, effective 4/14/2019

42 CR 06, March 25, 2019, effective 5/30/2019

42 CR 11, June 10, 2019, effective 6/30/2019

43 CR 12, June 25, 2020, effective 7/15/2020

44 CR 06, March 25, 2021, effective 4/14/2021

44 CR 11, June 10, 2021, effective 6/30/2021

44 CR 24, December 25, 2021, effective 1/14/2022

45 CR 11, June 10, 2022, effective 6/30/2022

45 CR 17, September 10, 2022, effective 9/10/2022

45 CR 17, September 10, 2022, effective 9/30/2022

45 CR 23, December 10, 2022, effective 1/30/2023