2005 Vermont Code - § 2822. — Budget and report; powers

§ 2822. Budget and report; powers

(a) The secretary shall be responsible to the governor and shall plan, coordinate and direct the functions vested in the agency. The secretary shall prepare and submit to the governor an annual budget and shall prepare and submit to the governor and the general assembly in November of each year a report concerning the operation of the agency for the preceding fiscal year and the future goals and objectives of the agency.

(b) The secretary shall also have the powers and duties set forth in section 2803 of this title.

(c) If a waiver has been granted by the public service board under subsection 248(k) of Title 30, the secretary or the secretary's designee shall expedite and may authorize temporary emergency permits with appropriate conditions to minimize significant adverse environmental impacts within the jurisdiction of the agency, after limited or no opportunity for public comment, allowing site preparation for or construction or operation of an electric transmission facility or a generating facility necessary to assure the stability or reliability of the electric system or a natural gas facility, regardless of any provision in Title 10 or chapter 11 of Title 29. Such authorization shall be given only after findings by the secretary that: good cause exists because an emergency situation has occurred; the applicant will fulfill any conditions imposed to minimize significant adverse environmental impacts; and the applicant will, upon the expiration of the temporary emergency permit, remove, relocate, or alter the facility as required by law or by an order of the public service board. A permit issued under this subsection shall be subject to such conditions as are required by the secretary and shall be valid for the duration of the declared emergency plus 180 days, or such lesser overall term as determined by the secretary. Upon the expiration of a temporary emergency permit under this subsection, if any applicable permits have not been issued by the secretary or the commissioner of environmental conservation, the secretary may seek enforcement under applicable law.

(d) The secretary may adopt rules to implement the authority to issue expedited, temporary emergency permits specified in subsection (c) of this section and in subdivision 9(11) of Title 20.

(e) [Repealed.]

(f) For any agency program, the secretary may provide for simplified application forms and procedures for minor projects.

(g) The secretary shall make all practical efforts to process permits in a prompt manner. The secretary shall establish time limits for the processing of each permit as well as procedures and time periods within which to notify applicants whether an application is complete. The secretary shall report no later than the third Tuesday of each annual legislative session to the house and senate committees on natural resources and government operations. The annual report shall assess the agency's performance in meeting the limits; identify areas which hinder effective agency performance; list fees collected for each permit; summarize changes made by the agency to improve performance; describe staffing needs for the coming year; and certify that the revenue from the fees collected is at least equal to the costs associated with those positions. This report is in addition to the fee report and request, required by subchapter 6 of chapter 7 of Title 32.

(h) [Repealed.]

(i) The secretary shall not process an application for which the applicable fee has not been paid unless the secretary specifies that the fee may be paid at a different time or unless the person applying for the permit is exempt from the permit fee requirements pursuant to section 710 of Title 32. In addition, the persons who are exempt under section 710 of Title 32 are also exempt from the application fees for stormwater operating permits specified in subdivisions (j)(2)(A)(iii)(I) and (II) of this section if they otherwise meet the requirements of section 710. Municipalities shall be exempt from the payment of fees under this section except for those fees prescribed in subdivisions (j)(1), (2), (7), (8), (14), and (15) of this section for which a municipality may recover its costs by charging a user fee to those who use the permitted services.

(j) In accordance with subsection (i) of this section, the following fees are established for permits, licenses, certifications, approvals, registrations, orders, and other actions taken by the agency of natural resources.

(1) For air pollution control permits or registrations issued under 10 V.S.A. chapter 23:

(A) Any persons subject to the provisions of section 556 of Title 10 shall submit with each permit application or with each request for a permit amendment, a base service fee in accordance with the base fee schedule in subdivision (i) of this subdivision. Prior to taking final action under section 556 of Title 10 on any application for a permit for a nonmajor stationary source or on any request for an amendment of a permit for such a source, the secretary shall assess each applicant for any additional fees due to the agency, assessed in accordance with the base fee schedule and the supplementary fee schedule in subdivision (ii) of this subdivision. The applicant shall submit any fees so assessed to the secretary prior to issuance of the final permit, notwithstanding the provisions of subsection (i) of this section. The base fee schedule and the supplementary fee schedule are applicable to all applications on which the secretary makes a final decision on or after the date on which this section is operative.

(i) Base fee schedule

(I) Application for permit to construct or modify

source

(aa) Major stationary source $ 11,500.00

(bb) Nonmajor stationary source $ 750.00

(cc) Indirect source $ 4,000.00

(II) Amendments

(aa) Change in business name, division name or

plant name; mailing address; or company

stack designation; or other administrative

amendments $ 100.00

(bb) Technical amendments $ 500.00

(ii) Supplementary fee schedule for nonmajor sta-

tionary sources

(I) Engineering review $ 1,460.00

(II) Air quality impact analysis

(aa) Review screening modeling $ 600.00

(bb) Review refined modeling $ 1,170.00

(III) Observe and review source emission

testing $ 1,750.00

(IV) Audit performance of continuous emissions

monitors $ 1,750.00

(V) Audit performance of ambient air

monitoring $ 1,750.00

(VI) Implement public comment requirement $ 500.00

(B) Any person required to register an air contaminant source under subsection 555(c) of Title 10 shall submit an annual registration fee in accordance with the following registration fee schedule, where the sum of a source's emissions of the following air contaminants is greater than five tons per year: sulfur dioxide, particulate matter, carbon monoxide, nitrogen oxides, and hydrocarbons:

Registration: $0.021 per pound of emissions of any of these contaminants. Where the sum of a source's emission of these contaminants is greater than ten tons per year:

Base registration fee $924.00; and $0.021 per pound of emissions of any of these contaminants.

(2) For discharge permits issued under 10 V.S.A. chapter 47 and orders issued under 10 V.S.A. § 1272, an administrative processing fee of $100.00 shall be paid at the time of application for a discharge permit in addition to any application review fee and any annual operating fee, except for permit applications under subdivisions (j)(2)(A)(iii)(III) and (IV) of this section:

(A) Application review fee

(i) Municipal, industrial, noncontact

cooling water and thermal discharges.

(I) Individual permit: original $0.0023 per gallon design

application; amendment for flow; minimum $50.00 per

increased flows; amendment outfall; maximum $30,000.00

for change in treatment per application.

process.

(II) Renewal, transfer or minor $0.00

amendment of individual permit.

(III) General permit. $0.00

(ii) Pretreatment discharges.

(I) Individual permit: original $0.12 per gallon design flow;

application; amendment for minimum $50.00 per outfall.

increased flows; amendment for change in treatment process.

(II) Renewal, transfer or minor $0.00

amendment of individual permit.

(iii) Stormwater discharges.

(I) Individual operating permit $300.00 per acre

or application to operate impervious area;

under general operating minimum $150.00

permit for collected per application.

stormwater runoff

which is discharged

Class B waters: original

application; amendment

for increased flows;

amendment for change

in treatment process.

(II) Individual operating permit $1,170.00 per acre

or application to operate impervious area; mini-

under general operating mum $1,170.00 per

permit for collected storm- application.

water runoff which is dis-

charged to Class A

waters; original appli-

cation; amendment for

increased flows; amend-

ment for change in

treatment process.

(III) Individual permit or appli- $300.00 per

cation to operate under project for

general permit for construction

construction activities; projects five

original application; acres or greater

amendment for increased in size; $30.00

acreage. per project for construc-

tion projects between

one and five acres in size.

(IV) Individual permit or $150.00 per

application to operate facility.

under general permit

for stormwater runoff

associated with industrial

activities with specified

SIC codes; original

application; amendment

for change in activities.

(V) Renewal, transfer, or $0.00

minor amendment of indi-

vidual permit or ap-

proval under general permit.

(iv) Indirect discharge or under-

ground injection control, excluding

stormwater discharges.

(I) Sewage.

(aa) Individual permit: original $1,755.00 plus $0.08 per

application; amendment for gallon of design

increased flows; amendment capacity above 6,500 gpd.

for modification or replace-

ment of system.

(bb) Renewal, transfer or $0.00

minor amendment of

individual permit.

(cc) General permit. $0.00

(II) Nonsewage.

(aa) Individual permit: origi- $0.06 per gallon design ca

nal application; amend- pacity; minimum $235.00

ment for increased flows; per application.

amendment for modification

or replacement of system.

(bb) Renewal, transfer or $0.00

minor amendment of

individual permit.

(cc) General permit $0.00

(B) Annual operating fee

(i) Industrial, noncontact $0.0009 per gallon design

cooling water and ther- capacity. $100.00 minimum;

mal discharges. maximum $27,500.00.

(ii) Municipal. $0.0027 per gallon of actual

flows. $100.00 minimum; maximum $11,000.00.

(iii) Pretreatment discharges. $0.0315 per gallon design

capacity. $100.00 minimum;

maximum $27,500.00.

(iv) Stormwater

(I) Individual operating permit $255.00 per acre

or approval under general impervious area;

operating permit for col- $235.00 minimum.

lected stormwater runoff

which is discharged to

class A waters.

(II) Individual operating permit $55.00 per acre

or approval under general impervious area;

operating permit for $50.00 minimum.

collected stormwater runoff

which is discharged to

Class B waters.

(III) Individual permit or $55.00 per facility.

approval under general

permit for stormwater

runoff from industrial

facilities with speci-

fied SIC codes.

(v) Indirect discharge or under-

ground injection control, exclud-

ing stormwater discharges:

(I) Sewage

(aa) Individual permit $385.00 plus $0.0317 per gal-

lon of design capacity above

6,500 gpd. $350.00 minimum;

maximum $27,500.00

(bb) Approval under $220.00

general permit

(II) Nonsewage

(aa) Individual permit $0.013 per gallon of design

capacity. $100.00 minimum;

maximum $5,500.00.

(bb) Approval under $220.00.

general permit

(C) The secretary shall bill all persons who hold discharge permits for the required annual operating fee. Annual operating fees may be divided into semiannual or quarterly billings.

(3) [Deleted.]

(4) For potable water supply and wastewater permits issued under 10 V.S.A. chapter 64:

(A) Subdivision of land

(i) Original application; major $0.50 per gallon

amendments. per lot of daily design flow of

potable water or wastewater,

whichever is greater.

Minimum per lot $210.00.

(ii) Minor amendments. $50.00

(B) Potable water supply or wastewater system

(i) Original application or $0.50 per gallon of

major amendment when both design flow of

potable water and waste- potable water or

water are being constructed. wastewater, which

New or replacement systems. is greater. Minimum per ap-

plication $210.00. Maximum

per application $15,000.00.

(ii) Original application or $0.30 per gallon of

major amendment when design flow. Mini-

either potable water daily mum per appli-

or wastewater, but not both, cation $210.00.

is being constructed. Maximum per appli-

New or replacement systems. cation $15,000.00.

(iii) Original application or $0.50 per gallon

major amendment when of increased daily

design flow of potable design flow of

water or wastewater potable water or

is increased but no wastewater, which-

construction is required. is greater. Minimum per ap-

plication $135.00. Maximum

per application $15,000.00.

(iv) Minor amendments. $50.00

(C) Special fees

(i) Original application or $135.00

amendment solely for con-

struction of grease trap,

due to change in use,

no increase in design flow.

(ii) Original application or $135.00.

amendment solely for con-

struction of holding tank

for nondomestic wastewater

when nondomestic wastewater

will be transported off site.

(iii) Original application or $50.00

amendment for initial

connection by an existing

building or structure

to a municipal water

or wastewater system at

the time is first con-

structed where there is

no increase in design

flow and where the con-

nection and system has

been reviewed and ap-

proved by the facilities

engineering division of

the agency or has been

reviewed, approved, and

certified by a licensed

designer retained by

the municipality.

(iv) Original application or $35.00 per lot.

amendment for subdi-

vision of land where

the lot or lots sub-

ject to the fee are

owned or will be owned

by the applicant or

a person related to

the applicant by blood,

marriage, or civil union.

If the lot or lots

are subsequently trans-

ferred within a period

of two years to an

individual who is not

related by blood, marriage,

or civil union to the

owner of the lot or lots,

the full fee for the

lots that were created

shall be paid.

(D) Notwithstanding the other provisions of this subdivision,

(i) when a wastewater system is subject to the fee provisions of this subdivision and subdivision (j)(2)(A)(iv)(I) of this section, only the higher of the two fees shall be assessed;

(ii) when a potable water supply is subject to the fee provisions of this subdivision and subdivision (j)(7)(A) of this section, only the fee required by subdivision (j)(7)(A) shall be assessed; and

(iii) when a project is subject to the fee provision for the subdivision of land and the fee provision for potable water supplies and wastewater systems of this subdivision, only the higher of the two fees shall be assessed.

(5) For well drillers licenses issued

under 10 V.S.A. chapter 48: $105.00 per year.

Fees shall be paid on an annual basis over the term of the license.

(6) For solid waste treatment, storage, transfer or disposal facility certifications issued under 10 V.S.A. chapter 159:

(A) original and renewal $0.75 per ton certified

applications, excluding operational capacity pro-

recycling and composting rated and paid on an annual

facilities and categorical basis over the term of

solid waste facilities certification.

(B) original and renewal $100.00

applications for recycling

and composting facilities,

excluding categorical solid-

waste facilities that solely waste

manage recycling or composting solid

(C) original and renewal applications $0.00

for categorical solid waste facilities

solely managing recycling

or composting solid waste

(D) original and renewal $0.00

applications for cate-

gorical disposal facilities

(E) original and renewal $200.00 plus $0.41 per

applications for facilities, cubic yard of certified

certified pursuant to 10 V.S.A operational capacity above

§§ 6605 and 6605b, that treat 15,000 cubic yards

store, or dispose of waste prorated and paid on an

generated solely from mining, annual basis over the term

extraction, or mineral processing of the certification.

Maximum annual

payment, $35,000.00.

(F) increase in tonnage, excluding $0.75 per ton of certified

recycling and composting facilities and operational capacity

categorical solid waste facilities pro-rated and paid on an

annual basis over the term

of certification.

(7) For public water supply and bottled water permits and approvals issued under 10 V.S.A. chapter 56:

(A) For public water supply construction permit applications: $275.00 per application plus $0.0055 per gallon of design capacity. Amendments $110.00 per application.

(B) For water treatment plant applications, except those applications submitted by a municipality as defined in section 126 of Title 1 or a consolidated water district established under section 3342 of Title 24: $0.003 per gallon of design capacity. Amendments $110.00 per application.

(C) For source permit applications for community water systems: $615.00 per source. Amendments $110.00 per application.

(D) For public water supplies and bottled water facilities, annually:

(i) Transient noncommunity: $45.00

(ii) Nontransient, noncommunity: $0.0294 per 1,000 gallons

of water produced annu-

ally or $70.00, whichever is

greater.

(iii) Community: $0.0295 per 1,000 gallons

of water produced annu-

ally for fiscal year 2005;

$0.0325 per 1,000 gallons

of water produced annu-

ally for fiscal year 2006;

and $0.0359 per 1,000 gal-

lons of water produced

annually for fiscal year

2007 and thereafter.

(iv) Bottled water: $550.00 per permitted fa-

cility.

(E) Amendment to bottled water facility permit, $110.00 per application.

(F) In calculating flow-based fees under this subsection, the secretary will use metered production flows where available. When metered production flows are not available, the secretary shall estimate flows based on the standard design flows for new construction.

(G) The secretary shall bill public water supplies and bottled water companies for the required fee. Annual fees may be divided into semiannual or quarterly billings.

(8) For public water system operator certifications issued under 10 V.S.A. § 1674:

Class I $40.00 per initial certificate or renewal.

All Other Classes $70.00 per initial certificate or renewal.

(9) For waste hauler permits issued under 10 V.S.A. § 6607a: $25.00 per vehicle used, by the commercial hauler that is permitted, for transporting waste. This fee shall be submitted with the permit application and each year thereafter for the duration of the permit, at the time of the filing of the annual statement required by 10 V.S.A. § 6605f(m).

(10) For management of lakes and ponds permits issued under 29 V.S.A. chapter 11:

(A) Nonstructural erosion control $155.00 per application.

(B) Structural erosion control $155.00 per application.

(C) All other encroachments $155.00 per application plus

0.5 percent of construction costs.

(11) For stream alteration permits issued under 10 V.S.A. chapter 41:

$105.00 per application.

(12) For dam permits issued under 10 V.S.A. chapter 43: 0.525 percent of construction costs, minimum fee of $200.00.

(13) For aquatic nuisance control permits issued under 10 V.S.A. § 1263a:

(A) Projects in private waters, as that term is defined in 10 V.S.A. § 5210:

(i) Aquatic pesticide aqua- $50.00 per application.

shade, Copper compounds

used as algicides

(ii) All other pesticides $75.00 per application.

and chemicals

(iii) Bottom barriers, Pow- $35.00 per application.

ered mechanical devices

(iv) Structural controls, $75.00 per application.

Biological controls

(v) Approval under general permit $25.00 per approval.

(B) Projects in all other waters:

(i) All pesticides and other $500.00 per application.

Chemicals

(ii) Bottom barriers $75.00 per application.

(iii) Powered mechanical $175.00 per application.

Devices

(iv) Structural controls, $300.00 per application.

Biological controls

(v) Approval under general permit $50.00 per approval.

(14) For certification of sewage treatment plant operators issued under 10 V.S.A. chapter 47:

(A) original application $110.00

(B) renewal application $110.00

(15) For sludge or septage facility certifications issued under 10 V.S.A. chapter 159:

(A) land application sites; facilities $840.00 per application

. that further reduce pathogens;

disposal facilities

(B) all other types of facilities $95.00 per application.

(16) For underground storage tank permits issued under 10 V.S.A.

chapter 59: $35.00 per tank per year.

(17) For hazardous waste treatment, storage, or disposal facility certifications issued under 10 V.S.A. chapter 159:

(A) original application $5,775.00

(B) annual operating fee:

(i) commercial facilities $2,000.00

(ii) captive facilities $1,100.00

(C) renewal application $0.00.

(18) For recycle or reuse exemptions issued under 10 V.S.A. §§ 6602(9) and 6603(1):

(A) initial determination of exemption $100.00

(B) administrative modifications $100.00

(C) all other modifications $50.00.

(19) For delistings of hazardous waste issued under 10 V.S.A. §§ 6602(4) and

6603(1): $265.00 per application.

(20) For underground storage tank tester licenses issued under 10 V.S.A. § 1936:

(A) original application $50.00

(B) renewal application $50.00.

(21) For site technician certifications issued under 3 V.S.A. § 2827(f):

(A) Type A site technicians

(i) original application $100.00

(ii) renewal application $40.00 per year

. (B) Type B site technicians

(i) original application $40.00

(ii) renewal application $40.00 per year.

(22) For certificates of need issued under 10 V.S.A. § 6606a:

$7,500.00 per application.

(23) Notwithstanding all other subdivisions of this subsection, for administrative amendments of the listed permits, licenses, certifications, approvals, and exemptions, the secretary may charge less than the listed fees, provided that the amount charged is no less than $35.00 and is sufficient to cover the costs with processing the administrative amendment.

(24) [Repealed.]

(25) For hazardous waste generator registrations required by 10 V.S.A. § 6608(f).

(A) small quantity generators $40.00 per year.

(B) large quantity generators $300.00 per year.

(26) For conditional use determinations issued under 10 V.S.A. § 1272:

(A) $0.07 per square foot of proposed impact to Class I or II wetlands;

(B) $0.05 per square foot of proposed impact to Class I or II wetland buffers;

(C) maximum fee, for the conversion of Class II wetlands or wetland buffers to cropland use, $200.00 per application. For purposes of this subdivision, "cropland" means land that is used for the production of agricultural crops, including row crops, fibrous plants, pasture, fruit-bearing bushes, trees or vines and the production of Christmas trees;

(D) minimum fee, $50.00 per application

(27) For approvals of the operation of mineral prospecting equipment issued under 10 V.S.A. chapter 41:

(A) annual approval for a resident $25.00

(B) annual approval for a nonresident $50.00

(28) For approvals of the offset permits issued under section 1264a of Title 10:

(A) Individual offset permit $300.00

(B) General offset permit $100.00

(k) Commencing with registration year 1993 and for each year thereafter, any person required to pay a fee to register an air contaminant source under 10 V.S.A. § 555(c) in addition shall pay fees for any emissions of the following types of hazardous air contaminants. The following fees shall not be assessed for emissions resulting from the combustion of any fuels, except solid waste, in fuel burning or manufacturing process equipment.

(1) Contaminants which cause short-term irritant effects--$0.008 per pound of emissions;

(2) Contaminants which cause chronic systemic toxicity--$0.084 per pound of emissions;

(3) Contaminants known or suspected to cause cancer (low potency)--$0.84 per pound of emissions;

(4) Contaminants known or suspected to cause cancer (high potency)--$8.40 per pound of emissions.

(l) Commencing with registration year 1993 and for each year thereafter, any person required to pay a fee to register an air contaminant source under 10 V.S.A. § 555(c) in addition shall pay the following fees for emissions of hazardous air contaminants resulting from the combustion of any of the following fuels in fuel burning or manufacturing process equipment.

(1) Coal--$0.43 per ton burned;

(2) Wood--$0.103 per ton burned;

(3) No. 6 grade fuel oil--$0.0005 per gallon burned;

(4) No. 4 grade fuel oil--$0.0004 per gallon burned;

(5) No. 2 grade fuel oil--$0.0002 per gallon burned;

(6) Liquid propane gas--$0.0002 per gallon burned;

(7) Natural gas--$0.87 per million cubic feet burned.

(m)(1) Except as provided in subdivision (3) of this subsection, in addition to any other requirement or fee required for registration, on and after January 1, 1994, a motor vehicle registered under 23 V.S.A. chapter 7 shall be assessed an annual emission fee of $1.00 at time of first registration and annually thereafter.

(2) The department of motor vehicles shall collect the emission fee imposed in subdivision (1) of this subsection on an annual basis, consistent with the registration period. Notwithstanding section 11 of Title 19, all funds collected shall be credited to the fund established under section 2805 of this title.

(3) The fee imposed under subdivision (1) of this subsection shall not apply to any electrically powered vehicle, trailer or government vehicle.

(4) The department of motor vehicles shall not issue a registration for any vehicle for which the emission fee required under this subsection has not been paid.

(n) Notwithstanding the provisions of section 603 of Title 32, the secretary may provide environmental testing laboratory services and charge fees which shall be reasonably related to the cost of providing the services for state agencies. Fees collected under this subsection shall be credited to a special fund and shall be available to the agency to offset the cost of providing the services. (1969, No. 246 (Adj. Sess.), § 4(b), (h), eff. June 1, 1970; amended 1971, No. 93, § 3, eff. April 22, 1971; 1971, No. 164 (Adj. Sess.), eff. March 21, 1972; 1975, No. 254 (Adj. Sess.), § 155; 1977, No. 78, § 1, eff. April 26, 1977; No. 106, § 2; 1979, No. 159 (Adj. Sess.), § 3; 1981, No. 222 (Adj. Sess.), § 2; 1983, No. 193 (Adj. Sess.), § 1, eff. April 27, 1984; 1985, No. 67, § 4; 1987, No. 76, §§ 1, 2, 18; 1987, No. 268 (Adj. Sess.), § 1, eff. June 21, 1988; 1989, No. 88, § 3; No. 98, § 4(a); 1989, No. 279 (Adj. Sess.), §§ 4, 8; 1991, No. 71, §§ 4, 4b; 1993, No. 48, §§ 1, 2, eff. June 1, 1993; No. 92, §§ 16, 17; 1993, No. 187 (Adj. Sess.), § 3, eff. Sept. 1, 1994; No. 221 (Adj. Sess.), § 4g; 1995, No. 48, § 1; 1995, No. 103 (Adj. Sess.), § 8; No. 141 (Adj. Sess.), § 9, eff. Apr. 30, 1996; 1997, No. 106 (Adj. Sess.), §§ 3, 4, eff. April 27, 1998; No. 155 (Adj. Sess.), § 32; 2001, No. 65, §§ 23, 24, 26; 2001, No. 133 (Adj. Sess.), § 2, eff. June 13, 2002; No. 143 (Adj. Sess.), §§ 52, 54, eff. June 21, 2002; 2003, No. 82 (Adj. Sess.), § 4; No. 140 (Adj. Sess.), § 5; No. 163 (Adj. Sess.), § 19; 2005, No. 15, § 1; No. 65, § 1.)