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2010 Session

Budget Amendments - SB30 (Conference Report)

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Solid Waste and Hazardous Waste Permits

Item 354 #1c

Item 354 #1c

First Year - FY2011 Second Year - FY2012
Natural Resources
Environmental Quality, Department of FY2011 ($1,250,000) FY2012 ($1,250,000) GF
FY2011 $1,250,000 FY2012 $1,250,000 NGF

Language
Page 244, line 1, before "It" insert "A".
Page 244, after line 3, insert:
"B.1.  The Waste Management Board shall adopt regulations pursuant to  § 10.1-1402, Code of Virginia, to ensure that general funds shall not be required to cover the direct costs related to the issuance of all permits for the hazardous waste management program.
2.  The Waste Management Board shall adopt regulations pursuant to §§ 10.1-1402 and 10.1-1402.1:1, Code of Virginia, to ensure that the total fees collected are sufficient to cover at least 58 percent, but no more than 100 percent, of the direct costs of (i) processing an application to issue, reissue, amend or modify permits, and (ii) performing inspections and enforcement actions necessary to assure the compliance with permits issued for any sanitary landfill and other facility for the disposal, treatment or storage of nonhazardous solid waste.
3.  The regulations adopted by the Waste Management Board to initially implement the provisions of paragraph B.1 and B.2. of this item shall be exempt from Article 2  (§ 2.2-4006, et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia and shall become effective no later than July 1, 2010.  Thereafter, any amendments to the fee schedule described by these acts shall not be exempted from Article 2 (§ 2.2-4006, et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia."


Explanation
(This amendment requires the Waste Management Board to establish fees which cover 100 percent of direct costs for Hazardous Waste Permits, resulting in general fund savings of $250,000 per year that is replaced by fees. This amendment also requires the Waste Management Board to establish fees which cover no less than 58 percent, not to exceed 100 percent, of direct costs for Solid Waste Permits, resulting in general fund savings of $1.0 million each year that is replaced by fees. The amendment allows the initial fees, but not subsequent fee schedules, to be exempt from the Administrative Process Act and to be effective in fiscal year 2011.)