Conn. Agencies Regs. § 22a-208a-1 - Solid waste permit fee regulations
(a)
Definitions. For the purposes of this Regulation,
(1) "Alter" means "alter" as defined in
subsection (d) of section
22a-208a
of the General Statutes.
(2)
"Annual fee" means any annual fee required under section
22a-208a
of the General Statutes.
(3)
"Applicant" means a person that submits an application to the
Commissioner.
(4) "Application"
means an application submitted to the Commissioner for issuance, renewal,
amendment or transfer of an individual solid waste permit or authorization to
conduct a regulated activity under section
22a-208a
of the General Statutes.
(5)
"Asbestos" means "asbestos" or "asbestos-containing material" as defined in
section
19a-332 of
the General Statutes.
(6)
"Biomedical waste" means "biomedical waste" as defined in section
22a-207
of the General Statutes.
(7)
"Biomedical waste generator" means "generator of biomedical waste" as defined
in section
22a-207
of the General Statutes.
(8)
"Biomedical waste transporter" means a person engaged in the transportation of
biomedical waste by air, rail, highway, or water.
(9) "Biomedical waste treatment facility"
means "biomedical waste treatment facility" as defined in section
22a-207
of the General Statutes.
(10)
"Bulky waste" means land clearing debris and waste resulting directly from
demolition activities other than clean fill.
(11) "Clean wood" means any wood which is
derived from such products as pallets, skids, spools, packaging materials,
bulky wood waste, or scraps from newly built wood products, provided such wood
is not treated wood as defined in section
22a-209a
of the General Statutes or demolition wood.
(12) "Commissioner" means the "commissioner"
as defined in subsection (b) of section
22a-2
of the General Statutes.
(13)
"Construction and demolition waste" means the waste building materials or
packaging resulting from construction, remodeling, repair or demolition
operations on houses, commercial buildings, and other structures, excluding
asbestos, clean fill as defined in regulations adopted under section
22a-209
of the general statutes, or solid waste containing greater than de minimis
quantities, as determined by the commissioner of environmental protection, of
(A) radioactive material regulated pursuant to section
22a-148
of the general statutes, (B) hazardous waste as defined in section
22a-115 of the
general statutes, and (C) liquid and semi-liquid materials including but not
limited to adhesives, paints, coatings, sealants, preservatives, strippers,
cleaning agents, oils and tars.
(14) "Construction and demolition waste
processing facility" means a volume reduction plant, the operations of which
involve solely the reduction in volume of construction and demolition waste
generated elsewhere.
(15)
"Department" means the Department of Environmental Protection.
(16) "Disposal" means "disposal" as defined
in section
22a-207
of the General Statutes.
(17)
"Horizontal expansion" means the lateral expansion of a solid waste disposal
area authorized under section
22a-208a
of the General Statutes.
(18)
"Intermediate processing center" means a facility which can recycle an item or
items and market or deliver for reuse the resulting material product or
products. Such facilities may be owned by public or private entities or
combinations thereof and may offer service on a state, regional, municipal or
submunicipal level.
(19) "Land
clearing debris" means trees, stumps, branches, or other wood generated from
clearing land for commercial or residential development, road construction,
routine landscaping, agricultural land clearing, storms, or natural
disasters.
(20) "Land
clearing/clean wood processing facility" means a volume reduction plant, the
operations of which involve solely the reduction in volume of land clearing
debris or clean wood generated elsewhere.
(21) "Minor change" means any change in the
facility design, capacity, practice, process or equipment which, in the
judgment of the Commissioner, would not significantly alter the nature of the
facility or its impact on the environment.
(22) "Municipality" means "municipality" as
defined in section
22a-207
of the General Statutes.
(23)
"Municipal solid waste" means "municipal solid waste" as defined in section
22a-207
of the General Statutes.
(24)
"Person" means "person" as defined in subsection (c) section
22a-2
of the General Statutes.
(25)
"Residue" means bottom ash, air pollution control residue, and other residues
from the combustion process at resources recovery facilities, wood-burning
facilities, municipal solid waste incinerators, and biomedical waste
incinerators.
(26) "Resources
recovery facility" means "resources recovery facility" as defined in section
22a-207
of the General Statutes.
(27)
"Sludge processing facility" means a volume reduction plant, the operations of
which involve solely the reduction in volume of water treatment, sewage
treatment or industrial sludge generated elsewhere.
(28) "Solid waste" means "solid waste" as
defined in section
22a-207
of the General Statutes.
(29)
"Solid waste facility" means "solid waste facility" as defined in section
22a-207
of the General Statutes.
(30)
"Solid waste disposal area" means "solid waste disposal area" as defined in
section
22a-207
of the General Statutes.
(31)
"Source-separated organic material composting facility" means land, including
structures and appurtenances thereon, where the composting of organic material
that has been separated at the point or source of generation from non-organic
material, takes place. For purposes of this section "organic material" means
substances composed primarily of carbon and nitrogen, including but not limited
to food scraps, food processing residue, soiled or unrecyclable paper and yard
trimmings.
(32) "Special waste"
means the following waste, so long as it is not hazardous waste pursuant to
section
22a-115 of the
General Statutes or radioactive material subject to section
22a-148
of the General Statutes: (1) water treatment, sewage treatment or industrial
sludges, liquids, solids and contained gases; fly-ash and casting sands or
slag; and contaminated dredge spoils; (2) scrap tires; (3) bulky waste; (4)
asbestos; (5) residue; and (6) biomedical waste.
(33) "Transfer Station" means "transfer
station" as defined in section
22a-207
of the General Statutes.
(34)
"Vertical expansion" means an expansion of an existing solid waste disposal
area such that future disposal of municipal solid waste will take place only
where solid waste has previously been disposed of and is still
present.
(35) "Volume reduction
plant" means "volume reduction plant" as defined in section
22a-207
of the General Statutes.
(36) "Yard
trimmings" means leaves, grass clippings, weeds, branches up to one (1?) inch
in diameter and prunings from yards or gardens.
(b)
Fee for an Application for a Permit
to Construct a Solid Waste Facility. The fee for an application for a
permit to construct a solid waste facility is as follows:
(1) Resources recovery facility:
$92,000.00
(2) Transfer station
(A) If the facility's capacity as designed is
no more than 75 tons per day: $5,000.00
(B) If the facility's capacity as designed is
75 to 150 tons per day: $6,500.00
(C) If the facility's capacity as designed is
greater than 150 tons per day: $7,500.00
(3) Volume reduction plant (other than a
resources recovery facility)
(A) Intermediate
processing center: $9,500.00
(B)
Source-separated organic material composting facility with a capacity as
designed of no more than 100 tons per day: $5,000.00
(C) Source-separated organic material
composting facility with a capacity as designed of greater than 100 tons per
day: $6,500.00
(D) Construction and
demolition waste processing facility with a capacity as designed of no more
than 100 tons per day: $5,000.00
(E) Construction and demolition waste
processing facility with a capacity as designed of greater than 100 tons per
day: $9,500.00
(F) Land
clearing/clean wood processing facility: $6,500.00
(G) Sludge processing facility:
$5,000.00
(H) Other volume
reduction facilities with a capacity as designed of no more than 100 tons per
day: $6,500.00
(I) Other volume
reduction facilities with a capacity as designed of greater than 100 tons per
day: $9,500.00
(4)
Biomedical waste treatment facility: $12,500
(5) Solid waste disposal area
(A) Municipal solid waste disposal area:
$25,000.00
(B) Residue or other
solid waste disposal area: $17,500.00
(c)
Fee for Application for
Authorization to Conduct a Regulated Activity.
The fee for an application to conduct a regulated activity other than an activity covered in subsection (b) of this section is as follows:
(1) Biomedical waste
transporter: $1,000.00
(2) Disposal
of asbestos by persons other than a homeowner disposing of asbestos which
originates from his primary residence: $160.00
(3) Disposal of special waste by persons
other than a homeowner disposing of special waste which originates from his
primary residence: $350.00
(4)
Solid waste disposal area as-built closure plan (active site pursuant to permit
authorized under section
22a-208a
of the General Statutes): $325.00
(5) Solid waste disposal area closure plan
(inactive site): $2,500.00
(d)
Fee for Application to Renew a
Permit to Operate a Solid Waste Facility.
The fee for an application to renew a permit to operate a solid waste facility is as follows:
(1)
Resources recovery facility: $750.00
(2) Transfer station: $350.00
(3) Volume reduction plant (other than a
resources recovery facility)
(A)
Source-separated organic material composting facility: $175.00
(B) Any other volume reduction plant:
$350.00
(4) Biomedical
waste treatment facility: $350.00
(e)
Fee for application to amend a
permit to construct or operate a solid waste facility. The fee for an
application to amend a permit to construct or to operate a solid waste facility
is as follows:
(1) Amendment to authorize a
minor change
(A) Solid waste disposal area:
$750.00
(B) All other solid waste
facilities: $500.00
(2)
Amendment to authorize a change that is not minor
(A) Amendment to authorize a change proposed
solely to satisfy a new requirement in state or federal statute, regulation,
permit or order: twenty-five (25) percent of the fee specified in subsection
(b) of this section for an application for a permit to construct or operate the
subject solid waste facility, up to a maximum fee of $7,500.00.
(B) Amendment to authorize a change to any
substantive degree in (i) the approved design, capacity, process or operation
of a solid waste facility holding a permit to construct, and includes but is
not limited to a change in the approved capacity or composition of solid waste
disposed of, processed, reduced, stored or recycled at the subject solid waste
facility, or (ii) the existing design, capacity, volume, process or operation
of a solid waste facility not holding a permit to construct and includes but is
not limited to a change in the volume or composition of solid waste disposed,
stored, processed, reduced or recycled at the subject solid waste facility:
fifty (50) percent of the fee specified in subsection (b) in this section for
an application to construct or operate such facility, up to a maximum fee of
$20,000.00.
(f)
Fee for an application to transfer
a solid waste facility permit. The fee for an application to transfer a
permit to construct or operate a solid waste facility is $500.00.
(g)
Annual fee for Solid Waste
Facilities. The annual fee for a solid waste facility is as follows:
(1) Resources recovery facility:
$2,750.00
(2) Transfer station
(A) If the facility's capacity as designed is
no more than 75 tons per day: $400.00
(B) If the facility's capacity as designed is
75 to 150 tons per day: $800.00
(C)
If the facility's capacity as designed is greater than 150 tons per day:
$1,500.00
(3) Volume
reduction plant (other than a resources recovery facility)
(A) Source-separated organic material
composting facility with a capacity as designed of no more than 100 tons per
day: $450.00
(B) Source-separated
organic material composting facility with a capacity as designed of greater
than 100 tons per day: $1,000.00
(C) Any other volume reduction plant with a
capacity as designed of no more than 100 tons per day: $900.00
(D) Any other volume reduction plant with a
capacity as designed of greater than 100 tons per day: $2,000.00
(4) Biomedical waste treatment
facility: $2,250.00
(5) Biomedical
waste generators. Each biomedical waste generator who generates fifty (50)
pounds or more of biomedical waste in any calendar month during the calendar
year shall report to the Commissioner in writing the amount of biomedical waste
actually generated during such year and pay an annual fee of $50.00 within
sixty (60) days of the end of such calendar year.
(6) Solid waste disposal areas
(A) Municipal solid waste:
$2,500.00
(B) Residue:
$2,500.00
(C) Special waste or
bulky waste: $1,800.00
(h)
General Payment Terms and
Conditions.
(1)
Time and Method
of Payment. Any fee required by this section shall be submitted
simultaneously with the application to which it relates. Any annual fee
required by this section shall be submitted to the Commissioner each year on or
before July first. Fees shall be paid by certified check or money order payable
to the Department of Environmental Protection and shall state on its face,
"Waste Management Permit Fee," "Waste Management Annual Fee" or "Waste
Management Fee" as appropriate, and reference the relevant permit number,
application number or invoice number as appropriate.
(2)
Prohibition of Review. The
Commissioner shall not review an application unless all fees required by this
section have been paid in full.
(3)
Municipal Fee. Pursuant to subsection (b) of section
22a-6
of the General Statutes, a municipality shall be liable for fifty (50) percent
of any fee required by this section.
(4)
Late Fees. Any person who
pays an annual fee after the date required by subdivision (1) of this
subsection shall pay an additional fee of ten (10) percent of such annual fee,
plus one and one quarter percent per month or part thereof that the annual fee
was late.
(5)
Fee
Increases. If while an application is pending the applicant amends such
application so as to cause an increase in the fee required by this section, the
applicant shall submit the amount of such increase simultaneously with the
application amendment. This subsection shall not apply to an amendment of an
application submitted prior to the effective date of this regulation, provided
by that date, (A) the application was complete and included all information
required by statute, regulation or the Commissioner and (B) all legally
required fees were paid.
(6)
Refunds.
(A) Except as otherwise
provided in this section, no fee submitted under this section shall be
refunded.
(B) If, (i) an
application for a permit is submitted and the Commissioner determines that such
permit is legally unnecessary, or (ii) while an application is pending but
before the Commissioner has issued notice of tentative determination under
section
22a-6h
of the General Statutes the applicant amends such application so as to cause a
decrease in the fee required by this section, the Commissioner shall retain
fifty (50) percent of the fee paid or the reasonable costs of reviewing said
application, whichever is greater. The Commissioner shall recommend to the
Comptroller, in accordance with the provisions of section
22a-10 of the
General Statutes, the amount of the fee that should be refunded to the
applicant.
(C) If an applicant
files an application for an individual permit and submits the fee required by
this section for such application and (i) the activity that is the subject of
such application is one which is covered by a general permit that the
Commissioner has issued under subsection (q) of section
22a-208a
of the General Statutes, (ii) such fee is greater than the fee which would be
required to seek authorization under such general permit, (iii) the
Commissioner notifies the applicant that he should withdraw such application
and seek authorization under such general permit, and (iv) the applicant
withdraws such application and seeks authorization under such general permit,
the Commissioner shall retain the general permit fee from the fee paid. The
Commissioner shall recommend to the Comptroller, in accordance with the
provisions of section
22a-10 of the
General Statutes, the amount of the fee that should be refunded to the
applicant.
(i)
Severability clause. If any
section, subsection, paragraph, clause, phrase, word or provision of this
section shall be adjudged invalid or held unconstitutional, the same shall not
affect the validity of this section as a whole or any part or provision hereof
other than the part so adjudged to be invalid or unconstitutional.
Notes
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