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§ 130A-295.8. Fees applicable to permits for solid waste management facilities.

§ 130A‑295.8.  Feesapplicable to permits for solid waste management facilities.

(a)        The Solid WasteManagement Account is established as a nonreverting account within theDepartment. All fees collected under this section shall be credited to theAccount and shall be used to support the solid waste management programestablished pursuant to G.S. 130A‑294.

(b)        As used in thissection:

(1)        "Newpermit" means any of the following:

a.         An application for apermit for a solid waste management facility that has not been previouslypermitted by the Department. The term includes one site suitability review, theinitial permit to construct, and one permit to operate the constructed portionof a phase included in the permit to construct.

b.         An application thatproposes to expand the boundary of a permitted waste management facility forthe purpose of expanding the permitted activity.

c.         An application thatincludes a proposed expansion to the boundary of a waste disposal unit within apermitted solid waste management facility.

d.         An application for asubstantial amendment to a solid waste permit, as defined in G.S. 130A‑294.

(2)        "Permitamendment" means any of the following:

a.         An application for apermit to construct and one permit to operate for the second and subsequentphases of landfill development described in the approved facility plan for apermitted solid waste management facility.

b.         An application forthe five‑year renewal of a permit for a permitted solid waste managementfacility or for a permit review of a permitted solid waste management facility.

c.         Any application thatproposes a change in ownership or corporate structure of a permitted solidwaste management facility.

(3)        "Permitmodification" means any of the following:

a.         An application forany change to the plans approved in a permit for a solid waste managementfacility that does not constitute a "permit amendment" or a "newpermit".

b.         A second orsubsequent permit to operate for a constructed portion of a phase included inthe permit to construct.

(c)        An applicant for apermit shall pay an application fee upon submission of an application accordingto the following schedule:

(1)        Municipal SolidWaste Landfill accepting less than 100,000 tons/year of solid waste, New Permit– $25,000.

(2)        Municipal SolidWaste Landfill accepting less than 100,000 tons/year of solid waste, Amendment– $15,000.

(3)        Municipal SolidWaste Landfill accepting less than 100,000 tons/year of solid waste,Modification – $1,500.

(4)        Municipal SolidWaste Landfill accepting 100,000 tons/year or more of solid waste, New Permit –$50,000.

(5)        Municipal SolidWaste Landfill accepting 100,000 tons/year or more of solid waste, Amendment – $30,000.

(6)        Municipal SolidWaste Landfill accepting 100,000 tons/year or more of solid waste, Modification– $3,000.

(7)        Construction andDemolition Landfill accepting less than 100,000 tons/year of solid waste, NewPermit – $15,000.

(8)        Construction andDemolition Landfill accepting less than 100,000 tons/year of solid waste,Amendment – $9,000.

(9)        Construction andDemolition Landfill accepting less than 100,000 tons/year of solid waste,Modification – $1,500.

(10)      Construction andDemolition Landfill accepting 100,000 tons/year or more of solid waste, NewPermit – $30,000.

(11)      Construction and DemolitionLandfill accepting 100,000 tons/year or more of solid waste, Amendment – $18,500.

(12)      Construction andDemolition Landfill accepting 100,000 tons/year or more of solid waste,Modification – $2,500.

(13)      Industrial Landfillaccepting less than 100,000 tons/year of solid waste, New Permit – $15,000.

(14)      Industrial Landfillaccepting less than 100,000 tons/year of solid waste, Amendment – $9,000.

(15)      Industrial Landfillaccepting less than 100,000 tons/year of solid waste, Modification – $1,500.

(16)      Industrial Landfillaccepting 100,000 tons/year or more of solid waste, New Permit – $30,000.

(17)      Industrial Landfillaccepting 100,000 tons/year or more of solid waste, Amendment – $18,500.

(18)      Industrial Landfillaccepting 100,000 tons/year or more of solid waste, Modification – $2,500.

(19)      Tire Monofill, NewPermit – $1,750.

(20)      Tire Monofill,Amendment – $1,250.

(21)      Tire Monofill,Modification – $500.

(22)      Treatment andProcessing, New Permit – $1,750.

(23)      Treatment andProcessing, Amendment – $1,250.

(24)      Treatment andProcessing, Modification – $500.

(25)      Transfer Station, NewPermit – $5,000.

(26)      Transfer Station,Amendment – $3,000.

(27)      Transfer Station,Modification – $500.

(28)      Incinerator, NewPermit – $1,750.

(29)      Incinerator,Amendment – $1,250.

(30)      Incinerator,Modification – $500.

(31)      Large CompostFacility, New Permit – $1,750.

(32)      Large CompostFacility, Amendment – $1,250.

(33)      Large CompostFacility, Modification – $500.

(34)      Land Clearing andInert, New Permit – $1,000.

(35)      Land Clearing andInert, Amendment – $500.

(36)      Land Clearing andInert, Modification – $250.

(d)        A permitted solidwaste management facility shall pay an annual permit fee on or before 1 Augustof each year according to the following schedule:

(1)        Municipal SolidWaste Landfill – $3,500.

(2)        Post‑ClosureMunicipal Solid Waste Landfill – $1,000.

(3)        Construction andDemolition Landfill – $2,750.

(4)        Post‑ClosureConstruction and Demolition Landfill – $500.

(5)        Industrial Landfill– $2,750.

(6)        Post‑ClosureIndustrial Landfill – $500.

(7)        Transfer Station – $750.

(8)        Treatment andProcessing Facility – $500.

(9)        Tire Monofill – $500.

(10)      Incinerator – $500.

(11)      Large CompostFacility – $500.

(12)      Land Clearing andInert Debris Landfill – $500.

(e)        The Departmentshall determine whether an application for a permit for a solid wastemanagement facility that is subject to a fee under this section is completewithin 90 days after the Department receives the application for the permit. Adetermination of completeness means that the application includes all requiredcomponents but does not mean that the required components provide all of theinformation that is required for the Department to make a decision on theapplication. If the Department determines that an application is not complete,the Department shall notify the applicant of the components needed to completethe application. An applicant may submit additional information to theDepartment to cure the deficiencies in the application. The Department shall makea final determination as to whether the application is complete within thelater of: (i) 90 days after the Department receives the application for thepermit less the number of days that the applicant uses to provide theadditional information; or (ii) 30 days after the Department receives theadditional information from the applicant. The Department shall issue a draftpermit decision on an application for a permit within one year after theDepartment determines that the application is complete. The Department shallhold a public hearing and accept written comment on the draft permit decisionfor a period of not less than 30 or more than 60 days after the Departmentissues a draft permit decision. The Department shall issue a final permitdecision on an application for a permit within 90 days after the comment periodon the draft permit decision closes. The Department and the applicant maymutually agree to extend any time period under this subsection. If theDepartment fails to act within any time period set out in this subsection, theapplicant may treat the failure to act as a denial of the permit and maychallenge the denial as provided in Chapter 150B of the General Statutes. (2007‑550, s. 13(a).)