Md. Code Regs. 26.04.10.09

Current through Register Vol. 51, No. 13, June 28, 2024
Section 26.04.10.09 - Generator Fees
A. This regulation applies to generators of coal combustion byproducts.
B. Annual Generator's Fee.
(1) Except as provided in §D(5) of this regulation, a generator of coal combustion byproducts shall pay the Department an annual generator's fee.
(2) The annual generator's fee shall be determined by the Department on the basis of the total tons of coal combustion byproducts generated by a generator.
C. Fee Payment.
(1) The Department shall submit a notice to a generator specifying the annual generator's fee that is due.
(2) A generator shall pay the annual generator's fee to the Department within 30 days of the date of the notice sent to a generator by the Department.
(3) If a generator fails to pay the annual generator's fee, the Department may deny or act to stop any current or future use, beneficial use, or disposal of coal combustion byproducts generated by the delinquent generator. The Department may take other appropriate action to collect fees and money owed under this regulation from delinquent generators.
D. Annual Generator Fee Schedule.
(1) Base Fee. The initial base fee shall be $1.15 for each ton of coal combustion byproducts generated. The base fee may be adjusted by the Department on an annual basis as provided in Environment Article, §§ 9-283 and 9-284, Annotated Code of Maryland, for the next applicable fiscal year.
(2) Base Fee Adjustment Factors. The base fee shall be adjusted depending on how the coal combustion byproducts are managed based on the appropriate adjustment factor in Table 1:

Table 1-Base Fee Adjustment Factors

Management category:Adjustment Factor
Coal combustion byproducts disposed of in the State1.0
Coal combustion byproducts used for noncoal mine reclamation in the State1.0
Coal combustion byproducts transported out-of-State0.5

(3) Calculation of Fee. The annual generator's fee shall be calculated by adding the results of the following formula for each Management Category in Table 1:

(The number of tons of coal combustion byproducts used or disposed of in a management category during the reporting period) x (the base fee for the reporting period as determined by the Department) x (the adjustment factor for that management category) = subtotal of amount charged.

(4) Adjustment of Fees.
(a) Billing of the annual generator's fee shall be based on the generation of coal combustion byproducts by a generator that occurs on a calendar year schedule beginning on January 1 of each year, and be based on the annual report of a generator for the previous calendar year as required under Regulation .08 of this chapter.
(b) Expenditures by the Department shall be calculated on a fiscal year basis, beginning on July 1 and ending on June 30 of the next calendar year.
(c) Whenever the combination of unallocated funds remaining in the Coal Combustion Byproducts Management Fund and the projected revenue from the annual generator's fee exceed anticipated expenditures, the annual generator's base fee shall be adjusted so that the combination of unallocated funds and revenue from the annual generator's fee does not exceed the Department's anticipated expenditures.
(d) Unallocated funds shall include all funds that are expected to be available for carryover into the next fiscal year after payment of all budgeted items and other anticipated expenses.
(5) Exemptions.
(a) A generator may not be required to pay the annual generator's fee for the following:
(i) Coal combustion byproducts that are generated by a generator generating less than 10,000 tons of coal combustion byproducts per calendar year;
(ii) Coal combustion byproducts that are used in accordance with applicable regulations in a surface coal mining and reclamation operation, in a deep mine, or in an abandoned coal mine; and
(iii) Coal combustion byproducts that are used beneficially in the State.
(b) The Department shall determine which uses reported by a generator are beneficial uses for the purpose of calculating the annual generator's fee.
(c) The Department may request supplemental information from a generator concerning a claimed use of coal combustion byproducts to determine whether a specific claimed use should or should not be exempt from the annual generator's fee, and may investigate and make case-specific determinations concerning beneficial uses and other claimed uses at any time.

Md. Code Regs. 26.04.10.09

Regulation .09 adopted as an emergency provision effective September 10, 2009 (36:21 Md. R. 1588); adopted permanently effective March 8, 2010 (37:5 Md. R 428)