N.J. Admin. Code § 7:26-4.3
Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:26-4.3 - Fee schedule for solid waste facilities(a) The fee schedule for solid waste annual facility registration is as follows: 1. Except as provided in (a)2 below, each solid waste facility permittee or rail carrier transfer facility shall pay an annual facility registration update fee of $ 6,006. The annual facility registration update fee is due at the time the annual registration update is submitted, but in no event later than May 1 of each calendar year.2. A newly permitted solid waste facility or a new rail transfer facility shall pay an initial facility registration fee of $ 6,006, according to the following schedule: i. The initial facility registration fee for a newly permitted solid waste facility shall be due no later than the first July 1 immediately following the issuance of the permit; andii. The initial facility registration fee for a new rail carrier transfer facility shall be due no later than the first July 1 immediately following the Department's receipt of the notification required under 7:26-2D.1(b).(b) Each solid waste facility permittee or rail carrier transfer facility shall pay an annual compliance monitoring services fee as follows: 1. For State fiscal year 2006, each solid waste facility, including newly permitted facilities and rail carrier transfer facilities, shall pay the applicable annual fee listed in the following table for compliance monitoring services. Except for newly permitted facilities and rail transfer facilities, the Department shall bill for these fees in equal quarterly installments, on or about July 15, October 15, January 15 and April 15 of each year. The solid waste facility shall pay each invoice no later than 30 days from the date of the invoice. | Annual Compliance |
| Monitoring Services |
| Fee for State fiscal |
| Type of Facility | year 2006 |
| Sanitary Landfill - operating at 31,200 |
| tons per year (tpy) or more | $ 13,695 |
| Sanitary Landfill-operating at less than |
| 31,200 tpy | $ 6,090 |
| Transfer Stations and Materials Recovery |
| Facilities - operating at 31,200 tpy or |
| more | $ 9,895 |
| Transfer Stations and Materials Recovery |
| Facilities - operating at less than |
| 31,200 tpy | $ 7,990 |
| Thermal Destruction Facilities - operating |
| at 9.6 tons per day or more | $ 6,090 |
| Thermal Destruction Facilities - operating |
| at less than 9.6 tons per day | $ 2,030 |
| Solid Waste Composting and Co-Composting |
| Facilities | $ 9,895 |
| Closed Landfills | $ 665 |
| Landfill Disruption | $ 540 |
| Research Demonstration & Development/ |
| Certificate of Authority to Operate | $ 2,535 |
| Rail Carrier Transfer Facility | $ 9,895 |
2. The annual compliance monitoring services fee for each State fiscal year after State fiscal year 2006 shall be annually adjusted pursuant to 7:26-4.7. Except for newly permitted facilities and newly permitted rail transfer facilities, the Department shall bill for these fees in equal quarterly installments, on or about July 15, October 15, January 15 and April 15 of each year and the solid waste facility shall pay each invoice no later than 30 days from the date of the invoice.3. A newly permitted solid waste facility or new rail transfer facility shall pay its first annual compliance monitoring services fee as follows, based on the quarterly beginning dates listed at 7:26-4.3(b)1: i. A newly permitted solid waste facility shall pay its first quarterly installment of the annual compliance monitoring services fee on or before the first quarter immediately following the issuance of the permit.ii. A new rail carrier transfer facility shall pay its first quarterly installment of the annual compliance monitoring services fee on or before the first quarter immediately following the Department's receipt of the notification required under 7:26-2D.1(b).iii. The Department shall bill for each quarterly installment following the first quarterly installment and these installments shall be payable in accordance with the schedule set forth at (b)1 above.(c) The following tables set forth the classifications of solid waste facilities: 1. Thermal destruction facilities: | Class A: | small scale thermal destruction facility (as such |
| term is defined at 7:26-1.4 ) |
| Class B: | design capacity greater than 9.6 tons per day |
2. Sanitary landfills: | Class A: | Class I sanitary landfill (as such term is defined |
| at 7:26-1.4 ) |
| Class B: | Class II sanitary landfill (as such term is defined |
| at 7:26-1.4 ) |
| Class C: | Class III sanitary landfill (as such term is defined |
| at 7:26-1.4 ) |
3. Sanitary landfill closure plan submissions: | Closure Plan |
| Class A: | less than 10 acres |
| Class B: | 10 to 30 acres |
| Class C: | more than 30 acres |
(d) Each class of solid waste facility set forth in (c) above shall pay the applicable fee for the Department's review of any submission listed in the following table. Each fee must accompany the corresponding submission, and is payable in accordance with 7:26-2.4(b) and (c)1 vi. If the solid waste facility modifies or amends a submission and the modification or amendment falls into a submission category different from the submission category of the initial submission, the applicable fee for that new category must accompany the modification/amendment if greater than the initial fee submitted. If, however, the new category fee is less than the initial fee submitted, the Department will refund the difference between the fees, minus an adjustment for the amount of work the Department completed. The Department may refrain from commencing work on the service for which a fee is established pursuant to this subsection until the Department receives full payment of such fee. If the Department has commenced work on the service, the Department may suspend such work until it receives full payment of such fee. Where the Department's review of any submission listed in the following table results in the rejection, denial or withdrawal of an application that is the subject of that submission, full payment of the fee in the amount listed below is due and payable at the time of resubmission of the application. 1. Thermal Destruction Facilities | Class |
| A | B |
| i. | Initial permit | $ 83,286 | $ 271,452 |
| ii. | Permit renewal | $ 49,355 | $ 140,661 |
| iii. | Major modification to permit | $ 22,210 | $ 74,032 |
| iv. | Minor modification to permit | $ 12,339 | $ 18,508 |
| v. | Transfer of ownership of permit | $ 12,956 | $ 22,827 |
| vi. | Minor technical review | $ 3,085 | $ 6,169 |
2. Sanitary Landfill Facilities | Class |
| A | B | C |
| i. | Initial permit | $ 157,131 | $ 111,737 | $ 78,566 |
| ii. | Permit renewal | $ 101,262 | $ 69,836 | $ 40,156 |
| iii. | Major modification to permit | $ 41,902 | $ 26,538 | $ 17,808 |
| iv. | Minor modification to permit | $ 15,713 | $ 10,475 | $ 6,984 |
| v. | Transfer of ownership of permit | $ 17,459 | $ 12,338 | $ 10,825 |
| vi. | Minor technical review | $ 2,095 | $ 1,397 | $ 698.00 |
3. Transfer Stations and Materials Recovery Facilities | i. | Initial permit | $ 138,680 |
| ii. | Permit renewal with modification(s) | $ 109,047 |
| iii. | Permit renewal without modification(s) | $ 31,141 |
| iv. | Major modification to permit | $ 77,906 |
| v. | Minor modification to permit | $ 11,206 |
| vi. | Transfer of ownership of permit with |
| modification(s) | $ 109,047 |
| vii. | Transfer of ownership of permit without |
| modification(s) | $ 31,141 |
| viii. | Minor technical review | $ 2,586 |
4. Closure Plan | Class |
| A | B | C |
| i. | Initial closure plan approval | $ 13,243 | $ 19,864 | $ 27,299 |
| ii. | Closure plan renewals | $ 5,808 | $ 8,712 | $ 11,617 |
| iii. | Major modification to approval | $ 3,485 | $ 5,227 | $ 6,970 |
| iv. | Minor modification to approval | $ 1,162 | $ 2,323 | $ 3,485 |
| v. | Transfer of ownership of approval | $ 2,323 | $ 3,485 | $ 5,227 |
| vi. | Minor technical review | $ 697.00 | $ 1,394 | $ 2,091 |
| vii. | Minor landfill disruption | $ 855 | $ 855 | $ 855 |
| viii | Major landfill disruption | $ 4,065 | $ 4,065 | $ 4,065 |
5. Annual Topographic Map Submissions | i. | Engineering design report review | $ 3,525 |
(e) For submissions concerning methane venting systems, on-site disposal, cover material, RD&D reviews, hearing officer's report, construction facility inspection, contaminated soil reviews, or the solid waste facility performance partnership agreement, the applicant/permittee may request the Department to provide an estimate of the fee for review of that submission. As part of its initial review, the Department shall charge the fees for performing its services in connection with the submission. An estimated fee calculated under this subsection is not binding on the Department. The final fee to be charged by the Department shall be based on actual hours worked, multiplied by an hourly rate for solid waste regulation services for State fiscal year 2006 of $ 115.00. For each State fiscal year after State fiscal year 2006, the hourly rate shall be annually adjusted pursuant to 7:26-4.5.(f) The omission of any type of service from the fee schedules set forth in (a), (b), (d) and (e) above, or if the Department determines that performing its services will exceed the fee the Department charges for the review of any submission listed at (d) above, shall not prevent the Department from assessing a reasonable fee for such services, at any time whether prior to, during or after the Department has performed its services. An applicant/permittee making a submission which it believes is not included in any of the schedules set forth in (a), (b), (d) and (e) above may request the Department to provide an estimate of the fee for review of that submission. As part of its initial review, the Department shall charge the fees for performing its services in connection with the submission. The solid waste facility performance partnership agreement will be assessed a fee based on the hour-by-hour negotiation of the document with the permittee and any associated work. This assessment will allow for the flexibility required by the Department and the permittee in establishing its permit pursuant 7:26-2.14. An estimated fee calculated under this subsection is not binding on the Department. The final fee to be charged by the Department shall be based on actual hours worked, multiplied by an hourly rate for solid waste regulation services for State fiscal year 2006 of $ 115.00. For each State fiscal year after State fiscal year 2006, the hourly rate shall be annually adjusted pursuant to 7:26-4.5. The Department will calculate the fee for performance of the Department's services as follows: 1. If the Department determines, in its discretion, that the activity is of a type listed in (a), (b), (d) or (e) above, the amount of the fee shall be equal to the amount listed in (a), (b), (d) or (e).2. If the Department determines, in its discretion, that such activity is not of a type listed in (a), (b), (d) or (e) above, the fee shall be equal to the Department's estimate of the number of person-hours required to perform such activity, multiplied by the hourly rate for solid waste regulation services for State fiscal year 2006 of $ 115.00. For each State fiscal year after State fiscal year 2006, the hourly rate shall be annually adjusted pursuant to 7:26-4.5.(g) A determination of a fee made pursuant to (e) or (f) above shall expire on the date which is 90 days after the date such determination has been issued, unless the applicant or permittee has paid such fee to the Department in full before expiration. If the applicant or permittee desires to continue to pursue the submission for which the fee determination has expired, such applicant or permittee may request a redetermination of the fee in writing, and the Department shall redetermine the fee in accordance with (e) or (f) above, as applicable.(h) The Department may, in its discretion, refrain from commencing work on the activity, which is the subject of a fee determined pursuant to (e) or (f) above or (i) below until the Department has received full payment of the fee. If the Department has already commenced work, the Department may, in its discretion, suspend such work until it has received full payment of the fee.(i) The following table sets for the fees (in U.S. dollars) for services in reviewing beneficial use applications and issuing certificates of authority to operate (CAO) a beneficial use project pursuant to 7:26-1.7(g). The Department may, in its discretion, refrain from commencing work or suspend work at any time until the applicant has paid the designated fee. 1. Beneficial Use Review | i. | In-State (no sampling results) | $ 534.00 |
| ii. | In-State (sampling results) | $ 962.00 |
| iii. | Out-of-State (no sampling results) | $ 321.00 |
| iv. | Out-of-State (sampling results) | $ 962.00 |
2. For additional activities such as pre-application meetings and site visits or any other activity which the Department determines, in its discretion, is required to fully evaluate and process the applicant's submission, the Department shall charge the fee for performing the additional services. An estimated fee calculated pursuant to this paragraph is not binding on the Department. The final fee to be charged by the Department shall be based on actual hours worked multiplied by an hourly rate for solid waste regulation services for State fiscal year 2006 of $ 115.00. For each State fiscal year after State fiscal year 2006, the hourly rate shall be annually adjusted pursuant to 7:26-4.5.N.J. Admin. Code § 7:26-4.3
Amended by R.1989 d.54, effective 1/17/1989.
See: 20 N.J.R. 1995(a), 21 N.J.R. 190(a).
Deleted "hazardous wastes" from (a)3i.
Repeal and New Rule, R.1989 d.216, effective 4/17/1989.
See: 20 N.J.R. 2668(a), 21 N.J.R. 1002(b).
Note: Reference to the repeal of N.J.A.C. 7:26-4.3 was inadvertently left out of the headings to the notices of proposal and adoption (20 N.J.R. 2668(a), 21 N.J.R. 1002(b)); however, language in the Summary of the proposal and subsequent introduction of new material clearly demonstrated the Department's intention to repeal and replace the rule.
Amended by R.1991 d.368, effective 7/15/1991.
See: 22 N.J.R. 3079(a), 23 N.J.R. 2166(b).
Deleted "facilities"; added "annual facility registration, volume monitoring and planning consistency activities" in (a).
Deleted "a facility monitoring fee from all facilities that are", "be paid when submitting the annual registration update", "The fee is $ 500.00 per year."; added "The permittee for a facility who is", "at such facility", "pay an annual facility volume monitoring fee of $ 902.00. The annual facility volume monitoring fee is due at the time the annual registration update is submitted but in no event later than May 1 of each calendar year." in (a)1.
Substituted old text with new text in (a)2.
Substituted old text with new text in (a)3.
Deleted (a)4 through 11.
Added (c), (d), (e), (f), (g), (h).
Amended by R.1991 d.368, effective 7/14/1991 (operative March 1, 1992).
See: 22 N.J.R. 3079(a), 23 N.J.R. 2166(b).
N.J.A.C. 7:26-4.3(b) made operative.
Administrative Correction to (b), thermal destruction facilities.
See: 24 N.J.R. 1121(a).
Administrative Correction to (b).
See: 24 N.J.R. 2058(a).
Amended by R.1993 d.98, effective 3/1/1993.
See: 24 N.J.R. 1999(a), (see also 24 N.J.R. 2687(a)), 25 N.J.R. 990(b).
Added new structure at (b).
Amended by R.1996 d.169, effective 4/1/1996.
See: 27 N.J.R. 801(a), 28 N.J.R. 1834(a).
In (b) added fee for intermodal container facilities.
Amended by R.1996 d.578, effective 12/16/1996.
See: 28 N.J.R. 2114(a), 28 N.J.R. 5248(a).
Amended classes and fees.
Administrative correction.
See: 29 N.J.R. 127(b).
Amended by R.2001 d.86, effective 3/5/2001.
See: 32 N.J.R. 2536(a), 33 N.J.R. 880(a).
In (d), rewrote tables; in (e), deleted "beneficial use reviews,"; added new (i).
Amended by R.2003 d.454, effective 11/17/2003.
See: 35 N.J.R. 321(a), 35 N.J.R. 5268(b).
Rewrote the section.
Amended by R.2008 d.16, effective 1/7/2008.
See: 38 N.J.R. 5227(a), 40 N.J.R. 133(a).
In (a)1, substituted "Except as provided in (a)2 below, each" for "Each" and inserted "or rail carrier transfer facility"; added (a)2; added new introductory paragraph of (b); recodified former (b) as (b)1 and rewrote (b)1; rewrote second column of table in (b)1 and added table entry "Rail Carrier Transfer Facility"; added (b)2 and (b)3; rewrote the introductory paragraph of (d); deleted (d)2vii; added (d)4vii and (d)4viii; rewrote (e) and the introductory paragraph of (f); in (f)2, substituted "for solid waste regulation services for State fiscal year 2006 of $ 115.00" for "of $ 106.00" and inserted the last sentence; in (g), substituted "may" for "shall" preceding "request a redetermination"; in (h), inserted "or (i) below"; in the introductory paragraph of (i), inserted "U.S."; and rewrote (i)2.