Md. Code Regs. 26.13.07.21

Current through Register Vol. 51, No. 11, May 31, 2024

Section 26.13.07.21 - Permit Fees

A. Application Fee.

(1) A person applying for a facility permit, a facility permit renewal, or a major modification of a facility permit shall pay a nonrefundable application fee according to the fee schedule in §A(2) of this regulation.

(2) Application Fee Schedule. The application fee is:

(a) $2,000 for an application for a new or previously unpermitted storage facility;

(b) $3,000 for an application for a new or previously unpermitted treatment facility other than an incinerator;

(c) $5,000 for an application for a new or previously unpermitted incinerator;

(d) $10,000 for an application for a new or previously unpermitted land disposal unit;

(e) $2,000 for an application for renewal of a storage facility permit;

(f) $3,000 for an application for renewal of a permit for a treatment facility;

(g) $5,000 for an application for renewal of a land disposal unit;

(h) $2,000 for an application for a major modification of a facility permit which involves the addition of a new storage unit;

(i) $3,000 for an application for a major modification of a facility permit which involves the addition of a new treatment unit other than an incinerator;

(j) $5,000 for an application for a major modification of a facility permit which involves the addition of a new incinerator;

(k) $10,000 for an application for a major modification of a facility permit which involves the addition of a new land disposal unit; and

(l) For new applications, renewal applications, or applications for permit modification which involve more than one type of unit, the sum of the application fees for the corresponding units specified in §A(2)(a)-(k) of this regulation.

(3) The Secretary shall apply the application fee towards the permit fee required by §B of this regulation.

B. Permit Fee.

(1) Permit fees shall be established based upon the following considerations:

(a) Acreage involved in the facility;

(b) Nature and quantity of the CHS handled at the facility;

(c) The threat that the CHS may present to human health or the environment;

(d) The anticipated costs of monitoring and regulating the facility;

(e) The anticipated costs attributable to the removing and properly disposing of all CHS that may escape from a facility; and

(f) Anticipated needs for program development activities relating to CHS.

(2) The Secretary shall calculate the permit fee for a facility as 1.1 times the sum of a service fee and an environmental fee. The service fee is comprised of the costs borne by the Department in monitoring and regulating the facility, and is calculated as described in §B(3) of this regulation. The environmental fee is calculated as described in §B(6) of this regulation.

(3) Service Fee. The service fee is calculated using the formulae in the following work sheet, and the values for salary, benefits, overhead, and work years specified in §B(4) of this regulation:

(a) Monitoring-Analyses to be Performed by the Department. (Cost per analysis x number of analyses) = $___;

(b) Yearly Costs of Regulating the Facility for the Permit Duration.

(i) Cost of project manager = (permit writer work years) x (permit writer's annual salary + annual benefits) x (overhead factor) = $___,

(ii) Cost of supervision of project manager = 0.25 x (permit writer work years) x (permit writer's annual salary + annual benefits) x (overhead factor) = $___,

(iii) (Compliance and enforcement work years) x (enforcement personnel annual salary + annual benefits) x (overhead factor) = $___,

(iv) Subtotal, costs of regulating = $___;

(c) Service fee = costs of regulating + costs of monitoring = $___.

(4) Except as specified in §B(5) of this regulation, the Secretary shall use the following values in performing the calculations outlined in §B(3):

(a) For the sum of the permit writer's annual salary and benefits, $49,000;

(b) For the sum of enforcement personnel annual salary and benefits, $51,000;

(c) For the overhead factor, 1.25;

(d) For permit writer work years:

(i) 0.1 for storage facilities,

(ii) 0.1 for treatment facilities,

(iii) 0.12 for incineration facilities,

(iv) 0.18 for disposal facilities, and

(v) For facilities that have a combination of the types of waste management units listed in §B(4)(d)(i)-(iv) of this regulation, the sum of the corresponding factors listed in §B(4)(d)(i)-(iv) of this regulation; and

(e) For compliance and enforcement work years:

(i) 0.2 for operating disposal facilities, and

(ii) 0.05 for facilities other than operating disposal facilities.

(5) The Secretary may modify the factors specified in §B(4) of this regulation as necessary to reflect increased personnel and overhead costs, and additional expenditures of staff time based on the complexity of the facility.

(6) Environmental Fee.

(a) The environmental fee component of the permit fee is calculated as the product of a size factor, location factor, and a waste management factor.

(b) The size factor is equal to one plus (0.1 times the number of acres used for hazardous waste management units at the facility).

(c) The location factor is obtained by determining the land uses adjacent to the facility as shown on zoning maps, and choosing the maximum of the following numbers associated with the corresponding land uses that are adjacent to the facility:

(i) Industrial-1.0;

(ii) Agricultural-1.2;

(iii) Residential-1.5;

(iv) Institutional-1.5;

(v) Recreational-1.7.

(d) The waste management factor is equal to the sum of the products of a hazard factor and a quantity factor assigned to permitted storage, treatment, active disposal, and inactive disposal activities at a facility.

(e) Hazard Factor.

(i) For disposal facilities, the hazard factor is equal to 10 times the fraction of acute hazardous waste that the facility is permitted to handle plus 3.0 times the fraction of nonacute hazardous waste that the facility is permitted to handle.

(ii) For all other facilities, the hazard factor is equal to 10 times the fraction of acute hazardous waste that the facility is permitted to handle plus 2.0 times the fraction of nonacute hazardous waste that the facility is permitted to handle.

(iii) If a facility is permitted to manage acute hazardous wastes, but the facility's permit does not specify the fraction of waste that may be acute, the fraction is assumed to be 0.1 for the purpose of the calculations described in §B(6)(e)(i) and (ii) of this regulation.

(f) Quantity Factor. The quantity factor is set according to the type of facility, as described in §B(6)(g)-(l) of this regulation.

(g) For storage facilities, the quantity factor is equal to the hazardous waste storage capacity, in tons.

(h) For treatment facilities permitted to treat up to 1,000 tons of hazardous waste per year, the quantity factor is equal to the maximum amount of hazardous waste authorized to be treated per year, in tons.

(i) For treatment facilities permitted to treat more than 1,000 tons of hazardous waste per year, the quantity factor is equal to 1,000 plus (0.001 times the number of tons in excess of 1,000 authorized to be treated per year).

(j) For active disposal facilities permitted to dispose of up to 20,000 tons per year of hazardous waste, the quantity factor is equal to the amount of waste authorized to be disposed of per year, in tons.

(k) For active disposal facilities permitted to dispose of more than 20,000 tons per year of hazardous waste, the quantity factor is equal to 20,000 plus (0.001 times the amount of hazardous waste, in tons, in excess of 20,000 tons authorized to be disposed of per year).

(l) For inactive disposal facilities, the quantity factor is equal to 0.001 times the total amount of hazardous waste in tons disposed of at the facility.

C. Failure to pay the permit fee in a timely manner constitutes grounds for permit termination under Regulation .12.

Md. Code Regs. 26.13.07.21

Regulation .21A, B amended effective March 15, 1993 (20:5 Md. R. 515)