W. Va. Code R. § 47-38D-6

Current through Register Vol. XLI, No. 37, September 13, 2024

Section 47-38D-6 - FEE AND BONDING REQUIREMENTS

6.1. Applicability .--Any producer or importer of sewage sludge for land application shall be subject to non-refundable fees, as described herein, which shall be used to cover the costs of the sewage sludge management program. The fees established herein in paragraphs 6.4.1 and 6.4.2 of this rule shall be assessed on forms prescribed by the Chief of the Office of Water Resources of the Division and shall be paid to said chief quarterly.

6.2. Water Quality Management, Fund. Fees collected for land application shall be deposited in the special revenue fund designated the "Water Quality Management Fund" established under the provisions of W.Va, Code § 22-1 l-IO except as otherwise specified herein.

6.3. Bonding--The Director may require a surety bond, deposit or similar instrument in an amount sufficient to cover the cost of future environmental remediation from producers and importers of sewage.

6.4. Fee Assessments.

6.4.1. Producers and importers of sewage sludge or material derived from sewage sludge for land application shall be assessed a sewage sludge rnanagement program fee calculated as 85.00 per actual ton of sludge times the proportion of solids in the sludge for sludge with maximum metals concentrations not exceeding those listed in Table 1 of this rule.

6.4.2. All sewage sludge placed in, or upon, or used by a solid waste facility or processed or handled, pursuant to a permit issued by the Division, shall be subject to the same tipping arid other fees as levied on the disposal of solid waste under W. Va. Code § 22; Provided, That no such fees, excepting assessment fees required by this section, shall be levied upon the application of sewage sludge to land outside a solid waste facility in accordance with the statute and this rule.

6.4.3. Fees generated pursuant to paragraph 6.4.1 shall be reviewed periodically by the Director and shall be adjusted as necessary to assure that total collections shall not exceed $200,000 per year.

W. Va. Code R. § 47-38D-6