Or. Admin. Code § 340-097-0120 - Permit/Registration Categories and Fee Schedule
(1) For purposes of OAR chapter 340, division
97:
(a) A "new facility" means a facility at
a location not previously used or permitted, and does not include an expansion
to an existing permitted site;
(b)
An "off-site industrial facility" means all industrial solid waste disposal
sites other than a "captive industrial facility;"
(c) A "captive industrial facility" means an
industrial solid waste disposal site where the permittee is the owner and
operator of the site and is the generator of all the solid waste received at
the site.
(d) As used in this rule,
the term "mixed solid waste" means solid wastes that include paper, plastic,
and other materials at least partly made up of domestic waste, where the
materials have not been separated from each other.
(2) Application Processing Fee. Except as
provided in sections (3), (4), and (5) with respect to composting facilities,
an application processing fee must be submitted with each application for a new
facility, or waste tire carrier permit, including application for preliminary
approval pursuant to OAR
340-093-0090. The amount of the
fee depends on the type of facility and the required action as follows:
(a) A new municipal solid waste landfill
facility, construction and demolition landfill, incinerator, energy recovery
facility, solid waste treatment facility, off-site industrial facility or
sludge disposal facility:
(A) Designed to
receive over 7,500 tons of solid waste per year: $10,000;
(B) Designed to receive 7,500 tons and less
of solid waste per year: $5,000.
(b) A new captive industrial facility, other
than a transfer station or material recovery facility: $1,000;
(c) A new transfer station or material
recovery facility:
(A) Receiving over 50,000
tons of solid waste per year: $500;
(B) Receiving over 10,000 and less than or
equal to 50,000 tons of solid waste per year: $200;
(C) Receiving 10,000 tons and less of solid
waste per year: $100.
(e) Permit Exemption Determination under OAR
340-093-0080(2):
$500.
(f) Beneficial use of solid
waste application and reporting fees under OAR
340-093-0260 through
340-093-0290:
(A) The review of an annual or other report
required under a beneficial use determination: $250;
(B) A Tier One beneficial use determination:
$1,000;
(C) A Tier Two beneficial
use determination: $2,000;
(D) A
Tier Three beneficial use determination: $5,000;
(E) Annual extension to a demonstration
project authorization: $1,000.
(g) A new conversion technology facility:
(A) Designed to receive over 7,500 tons of
feedstocks per year: $2,000;
(B)
Designed to receive 7,500 tons or less of feedstocks per year:
$1,500.
(h) A new waste
tire storage permit: $250.
(i) A
new waste tire carrier permit: $25
(3) Composting Facility Screening Fee. Every
composting facility that is required to comply with OAR
340-096-0080 must pay a
screening fee of $150. The fee must be submitted with the application for
screening, as provided in OAR
340-096-0080(1).
(4) Facility Plan Review and Approval Fee.
(a) Every composting facility that is
required to comply with OAR
340-096-0090 must pay an
Operations Plan Approval fee as provided below. The fee must be submitted with
the proposed Operations Plan, as provided in OAR
340-096-0090(1).
Agricultural composting facilities for which the Oregon Department of
Agriculture is providing facility plan review and approval are not required to
pay this fee.
(A) For facilities composting
over 100 tons and less than or equal to 3,500 tons of feedstocks per year:
$500;
(B) For facilities composting
over 3,500 tons and less than or equal to 7,500 tons of feedstocks per year:
$750;
(C) For facilities composting
over 7,500 tons and less than or equal to 10,000 tons of feedstocks per year:
$1000;
(D) For facilities
composting over 10,000 tons and less than or equal to 50,000 tons of feedstocks
per year: $2,000;
(E) For
facilities composting over 50,000 tons of feedstocks per year:
$5,000.
(b) Every
conversion technology facility that is required to comply with OAR
340-096-0180 must pay a fee as
provided below. The fee must be submitted with the proposed Operations Plan, as
provided in OAR 340-096-0180.
(A) For facilities designed to receive 3,500
tons of feedstocks or less per year: $1,000;
(B) For facilities designed to receive over
3,500 tons but no more than 7,500 tons of feedstocks per year:
$1,500;
(C) For facilities designed
to receive over 7,500 tons but no more than 20,000 tons of feedstocks per year:
$2,200;
(D) For facilities designed
to receive over 20,000 tons but no more than 50,000 tons of feedstocks per
year: $3,000;
(E) For facilities
designed to receive over 50,000 tons of feedstocks per year:
$5,000.
(5)
Composting Facility Engineering Review Fee. Every composting facility that
requires DEQ review of engineering plans and specifications under OAR
340-096-0130 must pay a fee of
$500. This fee is in addition to the fee required by section (4). Agricultural
composting facilities for which the Oregon Department of Agriculture provides
review of engineering plans and specifications are not required to pay this
fee.
(6) Solid Waste Permit
Compliance Fee. The following is the fee schedule including base per-ton rates
to be used to determine the solid waste permit compliance fee. The per-ton
rates are based on the estimated solid waste to be received at all permitted
solid waste disposal sites and on DEQ's Legislatively Approved Budget. DEQ
reviews annually the amount of revenue generated by this fee schedule. To
determine the solid waste permit compliance fee, DEQ may use the base per-ton
rates or any lower rates if the rates generate more revenue than provided in
DEQ's Legislatively Approved Budget. Any increase in the base rates must be
established by rule. In any case where a facility fits into more than one
category, the permittee must pay only the highest fee:
(a) All facilities accepting or permitted to
accept solid waste for final disposal or destruction, excluding transfer
stations, material recovery facilities, commingled recycling processing
facilities, limited sort facilities and composting facilities:
(A) The greater of $200; or
(B) A solid waste permit compliance fee based
on the total amount of solid waste received at the facility in the previous
calendar quarter or year, as applicable, at the following rate:
(i) All municipal landfills, construction and
demolition landfills, industrial landfills, sludge disposal facilities,
incinerators and solid waste treatment facilities: $.21 per ton through June
30, 2016, and $.58 per ton beginning July 1, 2016;
(ii) Energy recovery facilities. $.13 per ton
through June 30, 2016, and $.58 per ton beginning July 1, 2016; and
(iii) Conversion technology facilities: $.10
per ton through June 30, 2016, and $.58 per ton beginning July 1,
2016.
(C) If DEQ does
not require a disposal site, other than a municipal solid waste facility, to
monitor and report volumes of solid waste collected, the solid waste permit
compliance fee may be based on the estimated tonnage received in the previous
quarter or year.
(D) Ash or residue
received by a landfill from an energy recovery facility, incinerator, or
conversion technology facility is not subject to the solid waste permit
compliance fee paid on a per-ton basis under paragraph (B) if the energy
recovery facility, incinerator, or conversion technology facility has paid this
fee on all incoming waste. Alternatively, DEQ can make arrangements to split
this fee between a landfill and an energy recovery facility, incinerator, or
conversion technology facility, based on the proportion by weight of the ash
and residue received by the landfill and the total weight of incoming waste
received by the energy recovery facility, incinerator, or conversion technology
facility.
(b) Transfer
stations, material recovery facilities, commingled recycling processing
facilities and limited sort facilities:
(A)
Facilities accepting over 50,000 tons of solid waste per year:
$1,000;
(B) Facilities accepting
over 10,000 and less than or equal to 50,000 tons of solid waste per year:
$500;
(C) Facilities accepting
10,000 tons or less of solid waste per year: $50.
(c) Composting facilities with a composting
permit, except agricultural composting facilities for which the Oregon
Department of Agriculture is providing facility oversight:
(A) Utilizing over 50,000 tons of feedstocks
for composting per year: $5,000;
(B) Utilizing over 7,500 and less than or
equal to 50,000 tons of feedstocks for composting per year: $1,000;
(C) Utilizing over 3,500 and less than or
equal to 7,500 tons of feedstocks for composting per year: $500;
(D) Utilizing over 100 tons and less than or
equal to 3,500 tons of feedstocks for composting per year:
$100.
(d) Closed Disposal
Sites:
(A) Year of closure. If a land
disposal site stops receiving waste before April 1 of the fiscal year in which
the site permanently ceases active operations, DEQ will determine a pro-rated
permit compliance fee for those quarters of the fiscal year not covered by the
permit compliance fee paid on solid waste received at the site. The pro-rated
fee for the quarters the site was closed is based on the calculation in
paragraph (B);
(B) Each land
disposal site that closes after July 1, 1984: $150 or the average tonnage of
solid waste received in the three most active years of site operation
multiplied by $.025 per ton, whichever is greater; but the maximum permit
compliance fee is $2,500.
(e) Waste tire storage sites: $250.
(f) Waste tire carrier: $200.
(7) Per-ton solid waste disposal
fees on solid waste. Each solid waste disposal site that receives domestic
solid waste for final disposal or destruction, and each person transporting
solid waste out of Oregon for disposal at a disposal site that receives
domestic solid waste, except as excluded under OAR
340-097-0110(3)(c),
must submit fees to DEQ for solid waste received at the disposal site or
transported out of Oregon. Beginning April 1, 2019, each solid waste land
disposal site that receives construction or demolition waste, land clearing
debris, or tires for final disposal or destruction, and each person
transporting solid waste out of Oregon for disposal at a land disposal site
that receives construction or demolition waste, land clearing debris, or tires
for final disposal or destruction, except as excluded under OAR
340-097-0110(3)(c),
must also submit fees to DEQ for solid waste received at the disposal site or
transported out of Oregon.
(a) These fees
include:
(A) A fee of $.81 per ton through
March 31, 2016, raised to $1.11 per ton beginning April 1, 2016, through March
31, 2019, and raised to $1.18 per ton beginning April 1, 2019;
(B) An additional per-ton fee of $.13 for the
Orphan Site Account.
(b)
Tons subject to these fees include:
(A) All
solid wastes landfilled, incinerated without energy recovery or treated for
disposal by an Oregon disposal site that receives domestic solid waste, except
as excluded in subsections (c) and (f);
(B) All Oregon solid wastes that are
transported out-of-state for disposal or destruction at a disposal site that
receives domestic solid waste, except as excluded under OAR
340-097-0110(3)(c)
and subsections (c) and (f);
(C) Mixed solid wastes that are processed by
a conversion technology facility, burned for energy recovery, or composted by
an Oregon disposal site that receives domestic waste;
(D) Mixed solid waste that includes at least
some domestic solid waste, that has been processed into refuse-derived fuel to
be burned for energy recovery by a facility that does not have a solid waste
permit, or that does not pay per-ton fees as specified in this
section;
(E) Beginning April 1,
2019, all solid wastes landfilled at an Oregon land disposal site that receives
construction or demolition waste, land clearing debris, or tires for final
disposal or destruction, except as excluded in subsections (c) and (f);
and
(F) Beginning April 1, 2019,
all Oregon solid wastes that are transported out-of-state for disposal at a
land disposal site that receives construction or demolition waste, land
clearing debris, or tires for final disposal or destruction, except as excluded
in subsections (c) and (f).
(c) Tons not subject to these fees include:
(A) Through March 31, 2019, all solid wastes
received at a facility that does not receive domestic solid waste;
(B) Beginning April 1, 2019, all solid wastes
received at a facility that does not receive domestic solid waste or
construction or demolition waste, land clearing debris, or tires;
(C) Source-separated recyclables or other
materials separated and recycled from mixed solid waste, including separated
organics that are composted;
(D)
Construction and demolition wastes and industrial wastes that are processed by
a material recovery facility or a conversion technology facility to make a fuel
to be burned off-site for energy recovery (e.g., in a wood fuel
boiler);
(E) All solid wastes sent
by a disposal site to another disposal site, where the per-ton fees are paid by
a disposal site that subsequently receives that waste;
(F) Solid waste used as daily cover at a
landfill as described in subsection (f);
(G) Ash from an energy recovery facility or
incinerator that has paid these fees; and
(H) Sewage sludge or septic tank and cesspool
pumpings.
(d) Submittal
schedule:
(A) These per-ton fees must be
submitted to DEQ quarterly. Quarterly remittals are due on the 30th day of the
month following the end of the calendar quarter;
(B) Disposal sites receiving less than 1,000
tons of solid waste per year must submit the fees annually on January 31. If
DEQ does not require the disposal site to monitor and report volumes of solid
waste collected, the disposal site must submit with the fees an estimate of the
population the disposal site serves;
(C) For solid waste transported out-of-state
for disposal, the per-ton fees must be paid to DEQ quarterly. Quarterly
remittals are due on the 30th day of the month following the end of the
calendar quarter in which the disposal occurred. If the transportation is not
on-going, the fee must be paid to DEQ within 60 days after the disposal
occurs.
(e) Solid waste
that is used as daily cover at a landfill in place of virgin soil is not
subject to the per-ton solid waste fees in this section, provided that:
(A) The amount of solid waste used as daily
cover does not exceed the amount needed to provide the equivalent of six inches
of soil used as daily cover;
(B) If
disposed of in Oregon, the solid waste is not being used on a trial basis, but
instead has received necessary approvals from DEQ for use as daily cover;
and
(C) If disposed of in a
landfill outside of Oregon, the solid waste has received final approval from
the appropriate state or local regulatory agency that regulates the
landfill.
(f) For solid
waste delivered to disposal facilities owned or operated by a Metropolitan
Service District, the fees established in this section are levied on the
district, not on the disposal site.
Notes
Statutory/Other Authority: ORS 459.045, 459.235 & 468.065
Statutes/Other Implemented: ORS 459.235, 459.236, 459A.110 & 459A.115
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