This report is prepared by the Department of Environmental Quality (DEQ) to report the recommendations of the Nonhazardous Solid Waste Fee Study Working Group (Working Group) formed by DEQ pursuant to § 1 of Chapter 275 of the 2021 Special Session 1 Acts of Assembly (SB 1210).

Background and Process

§ 1 of Chapter 275 of the 2021 Special Session 1 Acts of Assembly (SB 1210) directs DEQ to:

convene a working group for the purpose of developing an annual fee schedule for nonhazardous solid waste management facilities to replace the current annual fee schedule set forth in § 10.1-1402.1:1 of the Code of Virginia. The working group shall include representatives of (i) private sector companies that own or operate nonhazardous waste solid waste management facilities, (ii) local governments that own or operate nonhazardous solid waste management facilities, (iii) public service authorities and waste management authorities, (iv) an environmental organization, and (v) any other parties that the Director determines would assist the group in its deliberations. The Director, or his designee, shall preside over the group and shall make Department of Environment Quality (the Department) staff available as necessary to assist and support the group in its deliberations. The working group shall convene no later than August 1, 2021, and shall meet as necessary thereafter. The Department shall submit to the Governor and the General Assembly by December 1, 2021, a summary of the working group's discussions and recommendations for a schedule of annual fees to replace the schedule in § 10.1-1402.1:1 of the Code of Virginia that shall, at a minimum, be sufficient to reflect the direct costs of permitting, compliance, inspection, monitoring, training, and enforcement as set forth in the Department's budget for the nonhazardous solid waste management program when aggregated and combined with the permit fees assessed and collected pursuant to § 10.1-1402.1 of the Code of Virginia.

Consistent with this directive, DEQ convened the Nonhazardous Solid Waste Fee Study Working Group (Working Group).

The Working Group met on July 30, August 31, September 22(*1), and October 22, 2021 to review and develop recommendations concerning the appropriate solid waste fee structure for funding the direct costs of permitting, compliance, inspection, monitoring, training, and enforcement as set forth in the Department's budget for the nonhazardous solid waste management program.
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(*1) A quorum of the Working Group was not present for the September 22 meeting. Those members present for that meeting continued discussions to offer ideas for consideration by the group during the October 22 meeting.