Md. Code Regs. 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.
Notes
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