§ 130A-294.1. Fees applicable to generators and transporters of hazardous waste, and to hazardous waste storage, treatment, and disposal facilities.
§ 130A‑294.1. Feesapplicable to generators and transporters of hazardous waste, and to hazardouswaste storage, treatment, and disposal facilities.
(a) It is the intent ofthe General Assembly that the fee system established by this section is solelyto provide funding in addition to federal and State appropriations to supportthe State's hazardous waste management program.
(b) Funds collectedpursuant to this section shall be used for personnel and other resourcesnecessary to:
(1) Provide a high levelof technical assistance and waste minimization effort for the hazardous wastemanagement program;
(2) Provide timelyreview of permit applications;
(3) Insure that permitdecisions are made on a sound technical basis and that permit decisionsincorporate all conditions necessary to accomplish the purposes of this Part;
(4) Improve monitoringand compliance of the hazardous waste management program;
(5) Increase thefrequency of inspections;
(6) Provide chemical,biological, toxicological, and analytical support for the hazardous wastemanagement program; and
(7) Provide resourcesfor emergency response to imminent hazards associated with the hazardous wastemanagement program.
(c) It is the intent ofthe General Assembly that the total funds collected per year pursuant to thissection not exceed thirty percent (30%) of the total funds budgeted from allsources for the hazardous waste management program. This subsection shall notbe construed to limit the obligation of any person to pay any fee imposed bythis section.
(d) The Hazardous WasteManagement Account is established as a nonreverting account within theDepartment. All fees collected under this section shall be credited to theAccount and shall be used for the purposes listed in subsection (b).
(e) A person whogenerates either one kilogram or more of any acute hazardous waste as listed in40 C.F.R. § 261.30(d) or § 261.33(e) as revised 1 July 1987, or 1000 kilogramsor more of hazardous waste, in any calendar month during the year beginning 1July and ending 30 June shall pay an annual fee of one thousand dollars($1,000).
(f) A person whogenerates 100 kilograms or more of hazardous waste in any calendar month duringthe year beginning 1 July and ending 30 June but less than 1000 kilograms ofhazardous waste in each calendar month during that year shall pay an annual feeof one hundred twenty‑five dollars ($125.00).
(g) A person whogenerates one kilogram or more of acute hazardous waste or 1000 kilograms ormore of hazardous waste in any calendar month during the calendar year shallpay, in addition to any fee under subsections (e) and (f) of this section, atonnage fee of fifty cents ($0.50) per ton or any part thereof of hazardouswaste generated during that year up to a maximum of 25,000 tons.
(h) A person whogenerates less than one kilogram of acute hazardous waste and less than 100kilograms of hazardous waste in each calendar month during the year beginning 1July and ending 30 June shall not be liable for payment of a fee undersubsections (e) and (f) of this section for that year.
(i) Hazardous wastegenerated as a result of any type of remedial action or by collection by alocal government of hazardous waste from households shall not be subject to atonnage fee under subsections (g) and (l) of this section.
(j) A person whotransports hazardous waste shall pay an annual fee of six hundred dollars($600.00).
(k) A storage,treatment, or disposal facility shall pay an annual activity fee of onethousand two hundred dollars ($1,200) for each activity.
(l) A commercialhazardous waste storage, treatment, or disposal facility shall pay annually, inaddition to the fees applicable to all hazardous waste storage, treatment, ordisposal facilities, a single tonnage charge of one dollar and seventy‑fivecents ($1.75) per ton or any part thereof of hazardous waste stored, treated,or disposed of at the facility. A manufacturing facility that receiveshazardous waste generated from the use of a product typical of itsmanufacturing process for the purpose of recycling is exempt from this tonnagecharge. A facility must have a permit issued under this Article which includesthe recycling activity and specifies the type and amount of waste allowed to bereceived from off‑site for recycling.
(m) An applicant for a permitfor a hazardous waste storage, treatment, or disposal facility that proposes tooperate as a commercial facility shall pay an application fee for each proposedactivity as follows:
(1) Storage facility $10,000;
(2) Treatment facility $15,000;
(3) Disposal facility $25,000.
(n) The Commission mayadopt rules setting fees for modifications to permits. Such fees shall notexceed fifty percent (50%) of the application fee.
(o) Annual feesestablished under this section are due no later than 31 July for the fiscalyear beginning 1 July in the same year. Tonnage fees established under thissection are due no later than 31 July for the previous calendar year.
(p) The Departmentshall make an annual report on or before 1 October to the General Assembly andits Fiscal Research Division on the cost of the hazardous waste managementprogram. The report shall include, but is not limited to, beginning fundbalance, fees collected under this section, anticipated revenue from allsources, total expenditures by activities and categories for the hazardouswaste management program, ending fund balance, any recommended adjustments inthe annual and tonnage fees which may be necessary to assure the continuedavailability of funds sufficient to pay the State's share of the cost of thehazardous waste management program, and any other information requested by theGeneral Assembly. In recommending adjustments in annual and tonnage fees, theDepartment may propose fees for hazardous waste generators, and for hazardouswaste treatment facilities which treat waste generated on‑site, which aredesigned to encourage reductions in the volume or quantity and toxicity ofhazardous waste. (1987,c. 773, ss. 2, 4‑8; 1987 (Reg. Sess., 1988), c. 1020, s. 2; 1989, c. 168,s. 23; c. 724, s. 4; 1991, c. 286, s. 1; 1991 (Reg. Sess., 1992), c. 890, s.10; c. 1039, s. 9; 2003‑284, s. 35.2(a), (b); 2007‑495, s. 24.)