NEW JERSEY REGISTER
Copyright © 2017 by the New Jersey Office of Administrative Law
VOLUME 49, ISSUE 9
ISSUE DATE: MAY 1, 2017
PUBLIC NOTICES
ENVIRONMENTAL PROTECTION
COMPLIANCE AND ENFORCEMENT
TOXIC CATASTROPHE PREVENTION ACT (TCPA) PROGRAM
49 N.J.R. 1106(b)
Notice of Availability of Annual TCPA Fee Schedule Report for Fiscal Year (FY) 2017
Take notice that the Department of Environmental Protection (Department) is adjusting fees to owners and operators of facilities covered under the Toxic Catastrophe Prevention Act (TCPA) pursuant to N.J.A.C. 7:31-1.11A, which requires the Department to assess an annual fee to each owner/operator of a TCPA regulated facility. The annual fee consists of three elements: a base (or facility) fee, a covered process-derived fee, and an inventory-derived fee. All three fee components are recalculated annually. Pursuant to the rule, the base fee represents 20 percent of the total amount billed, and the process fee and the inventory fee each represent 40 percent of the total annual billing.
The current fees are based on a projected budget of $ 1,708,652 for fiscal year (FY) 2017. The annually adjusted base fee, process-derived fee, and inventory-derived fee, calculated in accordance with N.J.A.C. 7:31-1.11A(c)1 through 5, are as follows:
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Base fee |
$3,597.16 |
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Process-derived fee |
$5,100.45/process |
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Inventory-derived fee |
$14.45/hazard unit (HU) |
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A registrant with a facility hosting a single process and a single hazard unit will be billed an annual TCPA fee for FY 2017 of $ 8,819.82, determined as follows:
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Base fee |
$3,597.16 |
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Process-derived fee |
$5,100.45 |
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Inventory-derived fee |
$ 14.45 |
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Total fee: |
$8,712.06 |
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Below is a comparison of the adopted fees for FY 2016 and FY 2017.
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Fee Unit Rates |
Base |
Process-derived |
Inventory-derived |
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Adopted FY 2016 |
$3,475.61 |
$4,808.36 |
$12.30/HU |
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Adopted FY 2017 |
$3,597.16 |
$5,100.45 |
$14.45/HU |
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The increase in the annually adjusted base, process-derived, and inventory-derived fees for FY 2017 are the result of increases in the number of registered facilities from 92 to 95, and number of processes from 133 to 134, and a decrease in assessable hazard units from 51,986 to 47,300.
During the month of May, the Department will send each registrant a bill stating the fee for 2017. The bill will reflect the revised base fee, the number of covered processes, and the hazard units of inventory of extraordinarily hazardous substances at the facility as of October 1, 2016, pursuant to N.J.A.C. 7:31-1.11A(g). The registrant shall pay the fee by check or money order, payable to "Treasurer, State of New Jersey" prior to June 30, 2017. The check or money order shall be submitted to:
New Jersey Department of the Treasury
Division of Revenue
PO Box 417
Trenton, NJ 08625-0417
The Annual TCPA Fee Schedule Report for Fiscal Year (FY) 2017 detailing the calculations and inputs regarding the number of TCPA facilities, covered processes, EHS inventories, and TCPA spending plan (budget) is available from the Department. Interested persons may view the report at http://www.nj.gov/dep/enforcement/tcpa/tcpadown.htm, or request a copy of the report from the Department at the following address:
Chief, Bureau of Release Prevention
New Jersey Department of Environmental Protection
PO Box 420
Mail Code 22-03D
Trenton, NJ 08625-0420
(609) 633-0610
The Department will mail a notice of the fees and the availability of the report to all current TCPA registrants.