6 Colo. Code Regs. § 1007-3-100.3.32
Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-3-100.3.32 - DOCUMENT REVIEW AND ACTIVITY FEES(a)Applicability. Facilities subject to regulation under Parts 264 or 265 of these regulations are subject to the following fees: (1)Document Review Fees. The Document Review Fees shall provide reimbursement to the Department for professional staff and administrative personnel time spent reviewing, evaluating and responding to any and all documents submitted or required to be submitted in connection with the following: (i) interim status and modifications thereto;(ii) permit applications required by Part 100;(iii) permit implementation not related to compliance inspections;(iv) permit modifications;(v) closure plans and modifications, and equivalent documents under § § 264.110(c) or 265.110(d);(vi) post-closure plans and modifications, and equivalent documents under § § 264.110(c) or 265.110(d);(vii) permit and interim status corrective action;(viii) delisting petitions;(ix) consent decrees, valid orders (or portions thereof) or consent orders for corrective action;(x) Corrective Action Plans;(xi) Remedial Action Plans; and(xii) Environmental Covenants, Notices of environmental use restrictions, ordinances and resolutions described in § 25-15-320(3)(b)(II), and intergovernmental agreements described in § 25-15-320(3)(b)(III), C.R.S. For purposes of this section, "evaluating" includes time spent determining whether the document is adequate for its intended purpose and/or complies with regulatory requirements. The term "responding" includes Department determinations to approve, approve with conditions, request additional information or modify, or disapprove, revoke, reissue, terminate or deny the permit, closure plan or other document. The term "reviewing" includes reviews of information submitted to the Department by the facility or its agents, regardless of whether the documents require a determination by the Department.
(2)Activity Fees. The activity fees shall provide reimbursement to the Department for professional staff and administrative personnel time spent on the following activities related to (a)(1)(i-xii) above: (i) oversight activities;(iii) preparing for meetings;(v) responding to questions or information requested at meetings with the facility or the facility's representatives;(vi) preparation for and attendance at public meetings or hearings; and(vii) responding to questions or information requested at public meetings or hearings. For purposes of this section a "public meeting" means a hearing that has been publicly noticed.
For purposes of this section, the Department will begin charging the facility for pre-permit application meetings and review of documents beginning with the second meeting between the Department and the facility, regardless of whether the facility files a permit application, Corrective Action Plan, or other document listed in (a)(1) above.
In addition to the document review and activity fees specified above, the facility will reimburse the Department for any legal fees incurred by the Department associated with (1) and (2) above, in the amount the Department is then paying for legal representation to the Colorado Attorney General.
The document review and activity fee schedule shall be reviewed annually by the Director and a report shall be provided to the Commission which makes a determination on whether the fee is both equitable to the regulated community and is sufficient to recover reasonable program expenses incurred thereby.
(b)Schedule. Hazardous waste treatment, storage, and disposal facilities that are subject to the review and activity fees under paragraph (a) of this section shall pay an hourly charge of $150 for departmental staff and administrative time. The Director shall establish a time keeping system and shall make available to the owner/operator of the facility a record of those activities for which the owner/operator has been charged. The document review and activity fee of each type of regulated unit shall not exceed the ceilings noted in the schedule below and in paragraph (c) of this section. For facilities with more than one regulated unit, the maximum document review and activity fee is the sum of the ceiling fees for each unit at the facility.
DOCUMENT REVIEW AND ACTIVITY FEE
Facility Class / Regulated Unit | Ceiling Fee |
Operating Permits | Post-Closure Permits and alternate enforceable mechanisms | Closure Plan oralternate enforceable document |
Class I Landfills ..Commercial ..Non-commercial Underground injection wells ..Commercial ..Non-commercial | $250,000 $85,000 $85,000 $42,500 | $42,500 $42,500 $21,250 $85,000 | $42,500 $42,500 $21,250 $85,000 |
Class II Incinerators/Boilers and Industrial Furnaces ..Off-site (Commercial) facilities ..On-site facilities Research, Pilot or RD & D facilities Surface impoundments All others | $250,000 $68,000 $34,000 $51,000 $34,000 | $34,000 $17,000 $25,500 $17,000 $85,000 | $34,000 $17,000 $34,000 $17,000 $85,000 |
Class III First unit of a facility Each additional unit Corrective Action Each Solid Waste Management Unit at a facility | $30,000 $15,000 $25,000 per year | $4,250 $8,500 | $$4,250 8,500 |
(c)Document Modification Ceiling Schedule.(1)Class 1 modification. Review and activity fees for a Class 1 modification of an existing State RCRA permit as defined in § 100.63 shall have a ceiling fee of $2,000.(2)Class 2 modification. Review and activity fees for a Class 2 modification of an existing State RCRA permit as defined in § 100.63 shall have a ceiling of 50% of the ceiling fee identified in § 100.32 for each unit affected by the modification.(3)Class 3 modification. Review and activity fees for a Class 3 modification of an existing State RCRA permit as defined in § 100.63 shall have a ceiling fee of 100% of the ceiling fee identified in § 100.32 for each unit affected by the modification.(d)Payment.(1) Facilities subject to regulation under Parts 264 or 265 of these regulations shall provide timely payment of the document review and activity fee upon billing by the Department on a quarterly basis or upon another basis as determined by the Director. For purposes of this section, "timely payment" means within thirty days of receipt of the Department's billing, or other time frame approved in writing by the Director. Payment shall be made to the Treasurer of the State of Colorado, which monies 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.(2) Failure to make timely payment of any document review and activity fee is a cause for termination of a permit as described in § 100.64.(e)Annual review. Each year, beginning July 2002, the Director shall review the document review fee structure 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).37 CR 24, December 25, 2014, effective 3/2/201538 CR 11, June 10, 2015, effective 6/30/201539 CR 05, March 10, 2016, effective 3/30/201639 CR 11, June 10, 2016, effective 6/30/201640 CR 06, March 25, 2017, effective 4/14/201740 CR 11, June 10, 2017, effective 6/30/201740 CR 21, November 10, 2017, effective 11/30/201741 CR 06, March 25, 2018, effective 4/14/201841 CR 11, June 10, 2018, effective 6/30/201841 CR 24, December 25, 2018, effective 1/14/201942 CR 06, March 25, 2019, effective 4/14/201942 CR 06, March 25, 2019, effective 5/30/201942 CR 11, June 10, 2019, effective 6/30/201943 CR 12, June 25, 2020, effective 7/15/202044 CR 06, March 25, 2021, effective 4/14/202144 CR 11, June 10, 2021, effective 6/30/202144 CR 24, December 25, 2021, effective 1/14/202245 CR 11, June 10, 2022, effective 6/30/202245 CR 17, September 10, 2022, effective 9/10/202245 CR 17, September 10, 2022, effective 9/30/202245 CR 23, December 10, 2022, effective 1/30/2023