Title 18 . Environmental Conservation

Chapter 60 . Administrative Enforcement

Section 700. Fee requirements

18 AAC 60.700. Fee requirements

(a) Except as provided in (g) and (i)of this section, the owner or operator of a solid waste disposal facility shall pay the applicable service fees and annual fees as prescribed in Tables I-1, 1-2, 1-3, 1-4, and I-5 of this subsection. The owner or operator of a facility subject to the annual fee requirement shall continue to pay the annual fee until the department approves termination of the postclosure care obligations under 18 AAC 60.270.

CLICK TO VIEW TABLE I-1

Notes:

1 For purposes of this table and Table I-2 of this subsection, a Class III (camp) landfill is a MSWLF that is classified under 18 AAC 60.300(c) (3)(A), and a Class III (community) landfill is an MSWLF that is classified under 18 AAC 60.300(c) (3)(B).

2 In lieu of the permitting portion of the annual fee, Class III (community) landfills shall pay the one-time fee listed in Table I-2 of this subsection for review and approval of the permit or plans at the time the facility is constructed or undergoes capital improvement.

3 This fee applies to a facility that has an active permit on June 30, 2002; beginning with the next calendar year after the permit expires, the department will apply the total annual fee for an individual permit unless the facility completes final closure under 18 AAC 60.390 - 18 AAC 60.395.

4 This fee is payable each year from the time final closure is completed under 18 AAC 60.390 - 18 AAC 60.395 until the department approves termination of the post-closure obligations under 18 AAC 60.270.

CLICK TO VIEW TABLE I-2

Notes:

1 The permit application review fee must be submitted at the time of application; during the initial review process, the department will determine the one-time fees that apply to the project, and will invoice the applicant.

2 For purposes of this table and Table I-1 of this subsection, a Class III (camp) landfill is a MSWLF that is classified under 18 AAC 60.300(c) (3)(A), and a Class III (community) landfill is a MSWLF that is classified under 18 AAC 60.300(c) (3)(B).

3 If the application is determined to be complete, this fee will be credited toward the annual fee in Table I-1 in this subsection; if the application is not complete, the application will be returned to the applicant and a new application fee must be included when the permit application is re-submitted.

4 This fee will be paid by the owner or operator of a Class III (community) landfill at the time construction or capital improvement plans are submitted to the department for review and approval; this fee is paid in lieu of an annual permit fee in Table I-1 of this subsection.

CLICK TO VIEW TABLE I-3

Notes:

1 For purposes of this table and Table I-4 of this subsection, a

(A) Type X nonmunicipal facility includes a drilling waste disposal facility, a grind-and-inject facility, and an industrial solid waste disposal facility;

(B) Type Y nonmunicipal facility includes a solid waste processing facility, a wood waste facility, and a food waste disposal facility; and

(C) Type Z nonmunicipal facility includes an asbestos, a biosolids, or an inert waste facility.

2 This fee applies to a facility that has an active permit on June 30, 2002; beginning with the next calendar year after the permit expires, the department will apply the total annual fee for an individual permit unless the facility completes final closure under 18 AAC 60.430 - 18 AAC 60.490.

3 This fee is payable each year from the time final closure is completed under 18 AAC 60.430 - 18 AAC 60.490 until the department approves termination of the post-closure obligations under 18 AAC 60.270.

CLICK TO VIEW TABLE I-4

Notes:

1 For purposes of this table and Table I-3 of this subsection, a

(A) Type X nonmunicipal facility includes a drilling waste disposal facility, a grind-and-inject facility, and an industrial solid waste disposal facility;

(B) Type Y nonmunicipal facility includes a solid waste processing facility, a wood waste facility, and a food waste disposal facility; and

(C) Type Z nonmunicipal facility includes an asbestos, a biosolids, or an inert waste facility.

2 The permit application review fee must be submitted at the time of application; during the initial review process, the department will determine the one-time fees that apply to the project, and will invoice the applicant.

3 If the application is determined to be complete, this fee will be credited toward the annual fee in Table I-3 of this subsection; if the application is not complete, the application will be returned to the applicant and a new application fee must be included when the permit application is re-submitted.

CLICK TO VIEW TABLE I-5

Notes:

1 General permit types are defined in 18 AAC 60.255(i) ; the applicable general permit type is specified in the public notice for each general permit.

2 The first annual fee must be submitted with an application for coverage under a general permit as specified in 18 AAC 60.255(e) ; subsequent annual fees will be billed each year; a subsequent annual fee must be paid within 60 days after the date of billing for coverage under the general permit to remain in effect.

(b) Before the department will review a plan required under this chapter, an application for a permit, or any other document listed in Table I-2 or I-4 in (a) of this section, the applicant must pay each applicable fee.

(c) Annual fees in Tables I-1, I-3, and I-5 in (a) of this section will be billed at the beginning of each calendar year and must be paid within 60 days after the date of billing.

(d) A fee required under (a) of this section is not refundable.

(e) Upon request, the department will reduce the annual fee by $60 for a business operating a solid waste disposal facility that demonstrates to the department that the business has 20 or fewer employees.

(f) Except as provided in (i) of this section, for a solid waste facility or activity that is not listed in Table I-1, I-2, I-3, I-4, or I-5 in (a) of this section, the department will

(1) assess a fee based on direct department costs, including

(A) $38 for each hour of staff time spent on the activity; and

(B) goods and third-party services; for purposes of this subparagraph, goods and third-party services include travel, if the business has more than 20 employees; or

(2) if the applicant requests, negotiate a fee to cover the costs of issuing the permit or approval sought.

(g) If the department determines that the department lacks the technical expertise to evaluate a portion of a facility plan, application, or waiver request, and that evaluation is necessary in order to protect the public health or the environment, the department will notify the applicant and, under AS 36.30, enter into a contract with a consultant for the needed expertise to complete the evaluation. The applicant shall pay for the cost of the contract in addition to any other fees in this section.

(h) The permittee shall pay the fee assessed under (f) of this section within 60 days after the date of billing.

(i) The department will not assess a fee for permit and plan review activities related to

(1) a composting facility; or

(2) landspreading of biosolids.

(j) Interest on an overdue payment accrues at the rate prescribed in AS 45.45.010 and begins to accrue when the payment is more than

(1) 60 days past due; or

(2) 90 days past due for a payment for which a review was requested under 18 AAC 60.730, if payment is found to be due.

History: Eff. 6/28/96, Register 138; am 10/29/98, Register 148; am 6/30/2002, Register 162; am 7/11/2002, Register 163; am 9/7/2002, Register 163

Authority: AS 37.10.052

AS 44.46.020

AS 44.46.025

AS 46.03.010

AS 46.03.020

AS 46.03.100

AS 46.03.110

Editor's note: Facility classification and required fees may be discussed at the preapplication meeting under 18 AAC 60.210(a) .