1. (a) Except as provided in subsection (c) of this section, by regulation, the Department shall establish and collect a fee to be paid by a generator of coal combustion by-products, based on a per ton rate of coal combustion by-products generated by the generator annually.

2. (b) The Department shall base the fees on the following factors:

   1. (1) The total annual tonnage of coal combustion by-products that the generator generates;
   2. (2) The type and volume of coal combustion by-products generated by the generator;
   3. (3) Whether the generator uses or disposes of the coal combustion by-products;
   4. (4) To the extent that the coal combustion by-products are used rather than disposed of, the types of the uses;
   5. (5) Whether the coal combustion by-products are transported for use or disposal out-of-state;

   6. (6) The volume of coal combustion by-products that have been disposed of and remain in landfills or other storage units in the State that are subject to inspection and monitoring, not including coal combustion by-products that have been:

      1. (i) Added to cement products;
      2. (ii) Used in coal mine reclamation; or
      3. (iii) Beneficially reused in a manner acceptable to the Department; and
   7. (7) Other factors the Department considers appropriate.

3. (c) The Department may not establish or impose a fee on coal combustion by-products that are:

   1. (1) Beneficially used, as the Department determines; or
   2. (2) Used for coal mine reclamation in accordance with regulations the Department adopts or with regulations of the receiving state.
4. (d) Fees imposed on coal combustion by-products that are transported for use or disposal out-of-state may not exceed 50% of the fees established for disposal in-State.
5. (e) The fees collected by the Department under this section shall be deposited into the Fund and used in accordance with § 9-284 of this subtitle.
6. (f) The fees imposed shall be set at the rate necessary to implement the purposes set forth in § 9-284 of this subtitle.

7. (g) In any fiscal year, if the fee schedule established by the Department generates revenue that exceeds the amount necessary to operate a regulatory program to control the management of coal combustion by-products, the Department shall use the excess revenue to take action necessary to:

   1. (1) Increase the beneficial reuse of coal combustion by-products; and
   2. (2) Mitigate human health and environmental impacts due to the release of coal combustion by-products from priority sites.

Added by Acts 2009, c. 480, § 1, eff. July 1, 2009. Amended by Acts 2025, c. 432, § 2, eff. July 1, 2025; Acts 2025, c. 529, § 1, eff. Oct. 1, 2025.