North Carolina § 130A-295 - 8. Fees applicable to permits for solid waste management facilities.

§ 130A-295. 8. Fees applicable to permits for solid waste management facilities.

The Solid Waste Management Account is established as a nonreverting account within the Department. All fees collected under this section shall be credited to the Account and shall be used to support the solid waste management program established pursuant to G.S. 130A-294. , (d) Repealed by Session Laws 2015-241, s. 14.20(c), effective October 1, 2015. A permitted solid waste management facility shall pay an annual permit fee on or before August 1 of each year according to the following schedule: Municipal Solid Waste Landfill accepting less than 100,000 tons/year of solid waste - $6,125. Municipal Solid Waste Landfill accepting 100,000 tons/year or more but less than 250,000 tons/year of solid waste - $7,000. Municipal Solid Waste Landfill accepting 250,000 tons/year or more of solid waste - $8,750. Post-Closure Municipal Solid Waste Landfill - $1,000. Construction and Demolition Landfill accepting less than 25,000 tons/year of solid waste - $4,813. Construction and Demolition Landfill accepting 25,000 tons/year or more of solid waste - $5,500. Post-Closure Construction and Demolition Landfill - $500. Industrial Landfill accepting less than 100,000 tons/year of solid waste - $5,500. Industrial Landfill accepting 100,000 tons/year or more of solid waste - $6,875. Post-Closure Industrial Landfill - $500. Transfer Station accepting less than 25,000 tons/year of solid waste - $1,500. Transfer Station accepting 25,000 tons/year or more of solid waste - $1,875. Treatment and Processing Facility - $500. Tire Monofill - $1,000. Incinerator - $500. Large Compost Facility - $500. Land Clearing and Inert Debris Landfill - $500. Upon submission of an application for a new permit, an applicant shall pay an application fee in the amount of ten percent (10%) of the annual permit fee imposed for that type of solid waste management facility as identified in subdivisions (1) through (17) of subsection (d1) of this section. The Department shall determine whether an application for a permit for a solid waste management facility that is subject to a fee under this section is complete within 90 days after the Department receives the application for the permit. A determination of completeness means that the application includes all required components but does not mean that the required components provide all of the information that is required for the Department to make a decision on the application. If the Department determines that an application is not complete, the Department shall notify the applicant of the components needed to complete the application. An applicant may submit additional information to the Department to cure the deficiencies in the application. The Department shall make a final determination as to whether the application is complete within the later of: (i) 90 days after the Department receives the application for the permit less the number of days that the applicant uses to provide the additional information; or (ii) 30 days after the Department receives the additional information from the applicant. The Department shall issue a draft permit decision on an application for a permit within one year after the Department determines that the application is complete. The Department shall hold a public hearing and accept written comment on the draft permit decision for a period of not less than 30 or more than 60 days after the Department issues a draft permit decision. The Department shall issue a final permit decision on an application for a permit within 90 days after the comment period on the draft permit decision closes. The Department and the applicant may mutually agree to extend any time period under this subsection. If the Department fails to act within any time period set out in this subsection, the applicant may treat the failure to act as a denial of the permit and may challenge the denial as provided in Chapter 150B of the General Statutes. History (2007-550, s. 13(a); 2013-408, s. 2; 2015-241, s. 14.20(c); 2015-286, s. 4.9(b), (d); 2017-10, ss. 3.1(b), (d), 3.2(a), (b), (e).) Editor's Note. - Session Laws 2007-550, s. 13(b), made this section effective August 1, 2007, and applicable to any application for a permit for a solid waste management facility that is pending on that date, except that during the period 1 August 2007 through 1 August 2008 the Department shall determine whether an application or a permit for a solid waste management facility is complete within 270 days after the Department receives the application for the permit. Session Laws 2012-187, s. 15.1, as amended by Session Laws 2013-413, s. 48(a), provides: "No later than July 1, 2013, the Commission for Public Health shall adopt rules to allow applicants for sanitary landfills the option to (i) apply for a permit to construct and operate a five-year phase of landfill development and apply to amend the permit to construct and operate subsequent five-year phases of landfill development; or (ii) apply for a permit to construct and operate a 10-year phase of landfill development and apply to amend the permit to construct and operate subsequent 10-year phases of landfill development, with a limited review of the permit five years after issuance of the initial permit and five years after issuance of each amendment for subsequent phases of development. No later than July 1, 2013, the Commission shall also adopt rules to allow applicants for permits for transfer stations the option to (i) apply for a permit with a five-year duration to construct and operate a transfer station; or (ii) apply for a permit with a 10-year duration to construct and operate a transfer station, with a limited review of the permit five years after issuance of the initial permit and five years after issuance of any amendment to the permit. In developing these rules, the Department of Environment and Natural Resources shall examine the current fee schedule for permits for sanitary landfills and transfer stations as set forth under G.S. 130A-295.8 and formulate recommendations for adjustments to the current fee schedule sufficient to address any additional demands associated with review of permits issued for 10-year phases of landfill development and the issuance permits with a duration of up to 10 years for transfer stations. The Department shall report its findings and recommendations, including any legislative proposals, to the Environmental Review Commission on or before December 1, 2012. The rules required by this section shall not become effective until the fee schedule set forth under G.S. 130A-295.8 is amended as necessary to address any additional demands associated with review of permits issued for 10-year phases of landfill development and the issuance of permits with a duration of up to 10 years to construct and operate transfer stations." Session Laws 2013-408, s. 3, made the amendment to this section by Session Laws 203-408, s. 2, applicable to permit applications submitted on or after July 1, 2013. Session Laws 2015-241, s. 14.20(c), and Session Laws 2015-286, s. 4.9(b), were both drafted in the coded bill drafting format provided by G.S. 120-20.1 . Session Laws 2015-241, s. 14.20(c), amended this section. Session Laws 2015-286, s. 4.9(b) amended 2015-241, s. 14.20(c), resulting in coding on coding. At the direction of the Revisor of Statues, the amendment by 2015-286 was not implemented due to the inability to distinguish which coding applies to which level of amendment. Session Laws 2017-10, s. 3.1(b), effective May 4, 2017, amended Session Laws 2015-286, s. 4.9(b), to correct this coded bill drafting issue by substituting "Section 14.20(c) of S.L. 2015-241 is rewritten to read" for "Section 14.20(a) of S.L. 2015-241 reads as rewritten." Session Laws 2015-241, s. 14.20(e), as amended by Session Laws 2017-10, s. 3.1(e), provides: "After July 1, 2016, the annual fee due pursuant to G.S. 130A-295.8(d1) , as enacted by Section 14.20(c) of this act, for existing sanitary landfills and transfer stations with a valid permit issued before the date this act becomes effective is equal to the applicable annual fee for the facility as set forth in G.S. 130A-295.8(d1) , as enacted by Section 14.20(c) of this act, less a permittee fee credit. A permittee fee credit exists when the life-of-site permit fee amount is greater than the time-limited permit fee amount. The amount of the permittee fee credit shall be calculated by (i) subtracting the time-limited permit fee amount from the life-of-site permit fee amount due for the same period of time and (ii) multiplying the difference by a fraction, the numerator of which is the number of years remaining in the facility's time-limited permit and the denominator of which is the total number of years covered by the facility's time-limited permit. The amount of the permittee fee credit shall be allocated in equal annual installments over the number of years that constitute the facility's remaining life-of-site, as determined by the Department, unless the Department accelerates, in its sole discretion, the use of the credit over a shorter period of time. For purposes of this subsection, the following definitions apply: "(1) Life-of-site permit fee amount. - The amount equal to the sum of all annual fees that would be due under the fee structure set forth in G.S. 130A-295.8(d1) , as enacted by Section 14.20(c) of this act, during the cycle of the facility's permit in effect on July 1, 2016. "(2) Time-limited permit fee amount. - The amount equal to the sum of the application fee or renewal fee, whichever is applicable, and all annual fees paid or to be paid pursuant to subsections (c) and (d) of G.S. 130A-295.8 , as repealed by Section 14.20(c) of this act, during the cycle of the facility's permit in effect on July 1, 2016. "The Department shall adopt rules to implement this subsection." Session Laws 2015-241, s. 14.20(f), as amended by Session Laws 2015-286, s. 4.9(d), and as amended by Session Laws 2017-10, s. 3.1(d), provides: "This section becomes effective October 1, 2015. G.S. 130A-294(b1)(2) , as amended by subsection (a) of this section, applies to franchise agreements executed on or after October 1, 2015. The remainder of G.S. 130A-294 , as amended by subsection (a) of this section, and G.S. 130A-295.8 , as amended by subsection (c) of this section, apply to (i) existing sanitary landfills and transfer stations, with a valid permit issued before the date this act becomes effective, on July 1, 2016, at which point a permittee may choose to apply for a life-of-site permit pursuant to G.S. 130A-294 (a2), as amended by Section 14.20(b) of this act, or may choose to apply for a life-of-site permit for the facility when the facility's permit is next subject to renewal after July 1, 2016, (ii) new sanitary landfills and transfer stations, for applications submitted on or after July 1, 2016, and (iii) applications for sanitary landfills or transfer stations submitted before July 1, 2015, and pending on the date this act becomes law shall be evaluated by the Department based on the applicable laws that were in effect on July 1, 2015, and the Department shall not delay in processing such permit applications in consideration of changes made by this act, but such landfills and transfer stations shall be eligible for issuance of life-of-site permits pursuant to G.S. 130A-294(a2) , as amended by Section 14.20(b) of this act, on July 1, 2016, at which point a permittee may choose to apply for a life-of-site permit pursuant to G.S. 130A-294(a2) , as amended by Section 14.20(b) of this act, or may choose to apply for a life-of-site permit for the facility when the facility's permit is next subject to renewal after July 1, 2016." Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2015-286, s. 5.1, is a severability clause. Session Laws 2017-10, s. 5.1, is a severability clause. Effect of Amendments. - Session Laws 2013-408, s. 2, effective August 23, 2013, added subdivisions (b)(3)c. and (b)(4); and rewrote subsection (c). For applicability, see Editor's note. Session Laws 2015-241, s. 14.20(c), effective October 1, 2015, added "or for life-of-site under G.S. 130A-294(a2) " in subdivision (b)(1); deleted "the constructed portion of a phase included in the permit to construct" at the end of sub-subdivision (b)(1a)a; added sub-subdivision (b)(1a)e and subdivision (b)(4) (now (b)(1b)); deleted sub-subdivisions (b)(2)a and (b)(3)b; added "This sub-subdivision shall not apply to sanitary landfills or transfer stations" in sub-subdivisions (b)(2)b, (b)(2)c, and (b)(3)b; deleted former subsections (c) and (d); and added present subsections (d1) and (d2). For applicability, see Editor's note. Session Laws 2015-286, s. 4.9(b), effective October 22, 2015, deleted former subsections (b) through (d) and added subsections (d1) and (d2).