(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.

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

(1)    The total annual tonnage of coal combustion by–products that the generator generates;

(2)    The type and volume of coal combustion by–products generated by the generator;

(3)    Whether the generator uses or disposes of the coal combustion by–products;

(4)    To the extent that the coal combustion by–products are used rather than disposed of, the types of the uses;

(5)    Whether the coal combustion by–products are transported for use or disposal out–of–state; and

(6)    Other factors the Department considers appropriate.

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

(1)    Beneficially used, as the Department determines; or

(2)    Used for coal mine reclamation in accordance with regulations the Department adopts or with regulations of the receiving state.

(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.

(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.

(f)    The fees imposed shall be set at the rate necessary to implement the purposes set forth in § 9–284 of this subtitle.

(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 reduce the fees in the following fiscal year.