Section 9-283 - Fees for coal combustion by-products(a) Except as provided in subsection (c) of this section, by regulation, the Department shall establish and collect a fee to be paid by a generator of coal combustion by-products, based on a per ton rate of coal combustion by-products generated by the generator annually.(b) The Department shall base the fees on the following factors:(1) The total annual tonnage of coal combustion by-products that the generator generates;(2) The type and volume of coal combustion by-products generated by the generator;(3) Whether the generator uses or disposes of the coal combustion by-products;(4) To the extent that the coal combustion by-products are used rather than disposed of, the types of the uses;(5) Whether the coal combustion by-products are transported for use or disposal out-of-state; and(6) Other factors the Department considers appropriate.(c) The Department may not establish or impose a fee on coal combustion by-products that are:(1) Beneficially used, as the Department determines; or(2) Used for coal mine reclamation in accordance with regulations the Department adopts or with regulations of the receiving state.(d) Fees imposed on coal combustion by-products that are transported for use or disposal out-of-state may not exceed 50% of the fees established for disposal in-State.(e) The fees collected by the Department under this section shall be deposited into the Fund and used in accordance with § 9-284 of this subtitle.(f) The fees imposed shall be set at the rate necessary to implement the purposes set forth in § 9-284 of this subtitle.(g) In any fiscal year, if the fee schedule established by the Department generates revenue that exceeds the amount necessary to operate a regulatory program to control the management of coal combustion by-products, the Department shall reduce the fees in the following fiscal year.