5 Colo. Code Regs. § 1002-64.7

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

Section 5 CCR 1002-64.7 - FEES

A. Assessment of Fees and Billing

(1) The division may assess a non-refundable fee of two dollars and forty cents ($2.40) per dry ton of biosolids to generators who generate 31.25 dry ton or greater of biosolids used for beneficial purposes. The Division will notify generators when adjustments are made to the fee schedule and the effective date for implementing the changes.

(2) Payments shall be based on the actual amount of biosolids (dry weight basis) generated and used for beneficial purposes in the previous reporting period covered in the annual report. Failure to submit the required fee when due and payable is a violation of this regulation.

(3) Payment by check shall be made out to the Colorado Department of Public Health and Environment Biosolids Management Program. All such payments received shall be transmitted to the state treasurer and shall be credited to the Biosolids Management Program Fund.

B. Enforcement of Fee Payments

(1) Failure or refusal to make payments for the beneficial use of biosolids within the time frame specified in Section 64.7 of these regulations shall result in suspension and/or revocation of the Notice of Authorization for the Use and Distribution of Biosolids.

(2) Action to suspend or revoke the Notice of Authorization for the Use and Distribution of Biosolids shall be taken by the Division if payment is not received following written notice sent by certified mail pursuant to Section 64.7(B)(3) of these regulations.

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

(a) the effective date of the suspension or revocation;

(b) the basis for suspension or revocation; and

(c) the consequences of applying biosolids without the required Notice of Authorization for the Use and Distribution of Biosolids.

C. Appeals of Actions on Fees

(1) All appeal and reviews will be conducted by the Water Quality Control Commission.

(2) Water Quality Control Commission action on the appeal is considered final agency action.

5 CCR 1002-64.7

44 CR 17, September 10, 2021, effective 9/30/2021