1. A. The following annual permit maintenance fees apply to each individual VPDES and VPA permit, including expired permits that have been administratively continued, except those exempted by 9VAC25-20-50 B or 9VAC25-20-60 A 4:

   1. 1. Base fee rate for Virginia Pollutant Discharge Elimination System (VPDES) permitted facilities. (Note: All flows listed in the table below are facility "design" flows.)

      VPDES Industrial Major	$7,876
      VPDES Municipal Major/Greater Than 10 MGD	$7,794
      VPDES Municipal Major/2 MGD - 10 MGD	$7,138
      VPDES Municipal Major/Less Than 2 MGD	$6,317
      VPDES Industrial Minor/No Standard Limits	$3,347
      VPDES Industrial Minor/Standard Limits	$1,969
      VPDES Industrial Minor/Water Treatment System	$1,969
      VPDES Industrial Stormwater	$2,363
      VPDES Municipal Minor/Greater Than 100,000 GPD	$2,461
      VPDES Municipal Minor/10,001 GPD - 100,000 GPD	$1,969
      VPDES Municipal Minor/1,001 GPD - 10,000 GPD	$1,772
      VPDES Municipal Minor/1,000 GPD or Less	$656

   2. 2. Base fee rate for Virginia Pollution Abatement (VPA) permits.

      VPA Industrial Wastewater Operation/Land Application of 10 or More Inches Per Year	$2,461
      VPA Industrial Wastewater Operation/Land Application of Less Than 10 Inches Per Year	$1,723
      VPA Industrial Sludge Operation	$1,231
      VPA Combined Sludge Operation - Industrial Sludges (excluding water treatment plant residuals) and Municipal Biosolids	$1,231
      VPA Municipal Wastewater Operation	$2,215
      VPA Municipal Biosolids Operation	$100
      VPA Concentrated Animal Feeding Operation	(Reserved)
      VPA Intensified Animal Feeding Operation	(Reserved)
      All other operations not specified above	$123

   3. 3. The amount of the annual permit maintenance fee due from the owner for VPDES and VPA permits for a specified year as required by 9VAC25-20-40 C shall be calculated according to the following formulae:

      	F =	B x C
      	C =	1 + ΔCPI
      	ΔCPI =	CPI - 215.15
      215.15

      Where:

      F = the permit maintenance fee amount due for the specified calendar year, expressed in dollars.

      B = the base fee rate for the type of VPDES or VPA permit from subdivision 1 or 2 of this subsection, expressed in dollars.

      C = the Consumer Price Index adjustment factor.

      ΔCPI = the difference between CPI and 215.15 (the average of the Consumer Price Index values for all-urban consumers for the 12-month period ending on April 30, 2009), expressed as a proportion of 215.15.

      CPI = the average of the Consumer Price Index values for all-urban consumers for the 12-month period ending on April 30 of the calendar year before the specified year for which the permit maintenance fee is due. (The Consumer Price Index for all-urban consumers is published by the U.S. Department of Labor, Bureau of Labor Statistics, U.S. All items, CUUR0000SA0).

      For example, if calculating the 2010 permit maintenance fee (F) for a VPDES Industrial Major source:

      CPI = 215.15 (the average of CPI values from May 1, 2008, to April 30, 2009, inclusive would be used for the 2010 permit maintenance fee calculation).

      ΔCPI = zero for the 2010 permit maintenance fee calculation (i.e., (CPI - 215.15)/215.15 = (215.15 - 215.15)/215.15 = 0). (Note: ΔCPI for other years would not be zero.)

      C = 1.0 for the 2010 permit maintenance fee calculation (i.e., 1 + ΔCPI = 1 + 0 = 1.0).

      B = $7,876 (i.e. the value for a VPDES Industrial Major source, taken from subdivision 1 of this subsection).

      F = $7,876 for the 2010 permit maintenance fee calculation for this VPDES Industrial Major source (i.e., $7,876 x 1.0 = $7,876).

   4. 4. Permit maintenance fees (F) calculated for each facility shall be rounded to the nearest dollar.
   5. 5. The total amount of permit fees collected by the department (permit maintenance fees plus permit application fees) shall not exceed 50% of direct costs for administration, compliance, and enforcement of VPDES and VPA permits. The director shall take whatever action is necessary to ensure that this limit is not exceeded.

2. B. Additional permit maintenance fees.

   1. 1. An additional permit maintenance fee of $1,000 shall be paid annually by permittees in a toxics management program. Any facility that performs acute or chronic biological testing for compliance with a limit or special condition requiring monitoring in a VPDES permit is included in the toxics management program.
   2. 2. An additional permit maintenance fee of $1,000 shall be paid annually by permittees that have more than five process wastewater discharge outfalls at a single facility (not including "internal" outfalls).
   3. 3. For a local government or public service authority with permits for multiple facilities in a single jurisdiction, the total permit maintenance fees for all permits held as of April 1, 2004, shall not exceed $32,818 per year.
3. C. If the category of a facility (as described in subdivision A 1 or A 2 of this section) changes as the result of a permit modification, the permit maintenance fee based upon the permit category as of April 1 shall be submitted by October 1.
4. D. Annual permit maintenance fees may be discounted for participants in the Environmental Excellence Program as described in 9VAC25-20-145.

Statutory Authority

§§ 62.1-44.15:6, 62.1-44.16, and 62.1-44.19:3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 23, eff. July 1, 2004; amended, Virginia Register Volume 26, Issue 23, eff. August 18, 2010; Volume 29, Issue 24, eff. September 1, 2013; Volume 37, Issue 1, eff. October 15, 2020; Volume 39, Issue 5, eff. November 23, 2022.