W. Va. Code R. § 33-24-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 33-24-5 - Fee Assessment

5.1. All persons subject to this rule shall annually pay the hazardous waste management fee in accordance with the following schedule:

Category	Fee
TSD	$3,000 per facility
Large Quantity Generator	$2,200 per facility or a maximum
of $5,600 for multiple facilities owned by
the same person, whichever is lower
Small Quantity Generator	$500 per facility or a maximum of
$5,000 for multiple facilities owned by
the same person, whichever is lower
Conditionally Exempt Small Quantity Generator	$100 per facility

5.2. Payment of Fees.

5.2.a. Fee assessments shall be remitted in accordance with the form identified as Appendix I and attached to this rule.

5.2.b. A fee assessment paid pursuant to this rule shall be made by submitting a money order, check, or electronic funds transfer made payable to the Hazardous Waste Management Fee Fund along with the completed Appendix I form. Such fee payment must be transmitted to the Secretary. If such fee payment is mailed, then the payment must be postmarked by the date specified by these rules. Electronic funds transfers shall be made in accordance with procedures established by the State Treasurers Office.

5.2.c. If the facility of a person subject to this rule is described by more than one of the categories identified in section 5.1, only the category resulting in the highest fee shall apply. No person shall be required to pay more than one category of fees for each facility listed in section 5.1.

5.2.d. If a person owns or operates more than one facility in the large quantity generator or small quantity generator category, such person shall be required to pay the fee established in section 5.1 for each facility or the maximum amount for multiple facilities, whichever is less.

5.3. Fees submitted after November 15 of each calendar year are subject to a late charge of twenty-five percent of the fee assessed. Persons with a facility subject to this rule who have not paid the fee assessment and any late charge by December 31 of each calendar year may be subject to the provisions of W. Va. Code §22-18.

5.4. Reconsideration of Assessed Fees.

5.4.a. Any person assessed a fee for a facility pursuant to this rule may request the Secretary to reconsider the amount of fee assessed. Such request, accompanied by supporting documentation, must be submitted to the Secretary, in writing, by August 15 of the year for which the assessment is due, and must specify the reasons for requesting such reconsideration.

5.4.b. Upon reviewing a request submitted pursuant to subdivision 5.4.a., the Secretary shall reconsider the applicable calculations and shall respond in writing. If the fee assessment is revised, the Secretary shall issue a revised fee assessment invoice.

5.4.c. Any person aggrieved or adversely affected by a decision of the Secretary made and entered in accordance with the provisions of this section or by the failure or refusal of the Secretary to act pursuant to this section may appeal to the environmental quality board in accordance with the provisions of W. Va. Code §22b-1.

5.5. Reassessment of Fee.

The Secretary shall not be authorized to recalculate the fee assessments provided for by section 5.1. of this rule, except as provided for by section 5.4 of this rule.

West Virginia Department of Environmental Protection

Hazardous Waste Management Program

Hazardous Waste Management Fee Fund Appendix I

Generator:

EPA Identification Number:

Location:

Mailing Address:

Operation Manager's Name & Title: ________________________________________________________

Mailing Address: ________________________________________________________

____________________________________________________

Telephone Number: ____________ E-Mail Addr: ___________________

Contact Person Name & Title: ________________________________________________________

Mailing Address: ________________________________________________________

____________________________________________________

Telephone Number: ____________ E-Mail Addr: _________________

Has your facility ceased generating hazardous waste? Yes_____ No_____

If so, what is the date that your facility ceased generating waste? ________________________________________

Please review the categories below and mark an "X" next to the category that represents your facility's current hazardous waste generating status.

Place an "X" in one of the categories below	Generating Category	Fee Amount Per Facility
Treatment, Storage or Disposal Facility(Permitted)	$3,000
Large Quantity Generator (LQG)Generates 1000 kg (about 2,200 pounds or 300 gallons) or more of hazardous waste, or more than 1 kg of acutely hazardous waste in a month	$2,200
Small Quantity Generator (SQG)Generates more than 100 and less than 1,000 kg (between 220 and 2,200 pounds or about 25 to under 300 gallons) of hazardous waste,, or no more than 1 kg acutely hazardous waste in a month	$500
Conditionally Exempt Small Quantity (CESQG) Generates no more than 100 kg (about 220 pounds or 25 gallons) of hazardous waste or no more than 1 kg of acutely hazardous waste in a month	$100
No longer generating hazardous waste, but still in business
No longer in business, closed

Fee payments are due October 1 of each calendar year. Fees submitted after November 15 of each calendar year are subject to a late charge of twenty-five percent (25%) of the fee assessed. Persons with a facility subject to this rule who have not paid the fee assessment and any late charge by December 31 of each calendar year may be subject to the provisions of chapter twenty-two, article eighteen of the West Virginia Code. Persons with multiple facilities subject to this rule may utilize copies of the attachment to Appendix I to comply with this rule.

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assume that qualified personnel properly gather and evaluate the information as submitted. Based on my inquiry of the person or persons who manage the system, as the person directly responsible for gathering this information, the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

NAME:___________________________ TITLE: _________________ DATE: ____________

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W. Va. Code R. § 33-24-5