La. Admin. Code tit. 33 § VII-1505

Current through Register Vol. 50, No. 11, November 20, 2024

Section VII-1505 - Annual Fee

A. Transporters. All transporters of solid waste shall pay a fee of $250 per year to the department. There will be only one fee regardless of the number of vehicles in the service of the transporter.

1. In accordance with MM023E, the annual fee of $250 shall be waived for transporters of woodwaste generated by land and right-of-way clearing operations, wood chips, bark, wood refuse, wood ash and vegetative matter resulting from land-clearing operations, including trees and shrubbery, leaves, limbs, stumps, and grass clippings regardless of the number of vehicles in the service of the transporter.

B. All holders of permits for solid waste processing and/or disposal facilities that have not completed closure, including post-closure activities, in accordance with an approved plan, shall be charged an annual monitoring and maintenance fee and an annual tonnage fee for each permit. Annual monitoring and maintenance fees shall be charged for each permitted waste type.

1. Annual monitoring and maintenance fees are as follows:

a. $9,900 for type I facilities (including facilities that handle both industrial and non-industrial waste);

b. $2,475 for type II facilities; and

c. $825 for type I-A, II-A, III, and beneficial-use facilities.

2. Annual tonnage fees will be based on the wetweight tonnage, as reported in the previous year's disposer annual report, and are calculated as follows:

a. for industrial wastes (type I facilities, except surface impoundments), $0.99/ton;

b. for non-industrial wastes (type II facilities, except surface impoundments), $0.25/ton for amounts exceeding 25,000 tons;

c. for construction or demolition debris deposited at permitted construction or demolition debris facilities (type III facilities), $0.25/ton; and the fee is only applicable to construction or demolition debris that is subject to a fee imposed by the facility;

d. for surface impoundments, no tonnage fee;

e. for publicly operated facilities that treat domestic sewage sludge, no tonnage fee; and

f. for Type I-A, II-A, III (except construction or demolition debris disposal facilities), and beneficial-use facilities, no tonnage fee.

g. The maximum annual tonnage fee per facility for type I facilities (including facilities that handle both industrial and non-industrial solid wastes) is $120,000. The maximum annual tonnage fee for type II facilities is $30,000. Surface impoundments, as noted above, are assessed only the base fee.

C. The annual monitoring and maintenance period shall be from July 1 through June 30, commencing upon promulgation of these regulations and terminating upon completion of closure or post-closure activities for the facility in accordance with the permit of the administrative authority. The annual monitoring and maintenance fee for facilities during post-closure shall be 25 percent of the applicable base fee in Paragraph B.1 of this Section.

D. Annual maintenance fees are not prorated. If a facility operates any part of a year or at a reduced rate during the year, the full annual maintenance fee is still charged.

E. The annual maintenance fee for a new or modified permit shall be paid during the fiscal year (July 1 to June 30) in which the process specified in the permit comes on line.

F. The annual fees prescribed herein shall be effective retroactive for the state fiscal year in which these fee regulations are published in the Louisiana Register as adopted and each state fiscal year thereafter.

La. Admin. Code tit. 33, § VII-1505

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 19:187 (February 1993), amended by the Office of Management and Finance, Fiscal Services Division, LR 22:18 (January 1996), LR 25:427 (March 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 29:689 (May 2003), LR 29:2051 (October 2003), amended by the Office of the Secretary, Legal Affairs Division, LR 32:2241 (December 2006), repromulgated LR 33:1108 (June 2007), amended LR 35:2180 (October 2009), Amended by the Office of the Secretary, Legal Division, LR 43947 (5/1/2017), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 481500 (6/1/2022), Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 19:187 (February 1993), amended by the Office of Management and Finance, Fiscal Services Division, LR 22:18 (January 1996), LR 25:427 (March 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 29:689 (May 2003), LR 29:2051 (October 2003), amended by the Office of the Secretary, Legal Affairs Division, LR 32:2241 (December 2006), repromulgated LR 33:1108 (June 2007), amended LR 35:2180 (October 2009), Amended by the Office of the Secretary, Legal Division, LR 43947 (5/1/2017), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 481500 (6/1/2022), Amended LR 51 (EMERGENCY).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2154, and R.S. 49:316.1(A)(2)(a) and (c).