§ 72-0402 — Hazardous waste program fees

§ 72-0402. Hazardous waste program fees.\n 1. a. For the period beginning January 1, 2010, all generators of\nequal to or greater than fifteen tons per year of hazardous waste shall\nsubmit annually to the department a fee in the amount of one hundred\nthirty dollars per ton of hazardous waste generated not to exceed\n$300,000, except not to exceed $400,000 for those with greater than\n4,000 tons generated and less than or equal to 10,000 tons generated,\nand not to exceed $800,000 for those with greater than 10,000 tons\ngenerated.\n b. $3,000 for generators of equal to or greater than fifteen tons per\nyear of hazardous wastewater, payable in addition to fees for hazardous\nwastes, other than wastewater, as required by paragraph a of this\nsubdivision.\n c. $6,000 for generators of equal to or greater than fifteen thousand\ntons per year of hazardous wastewater, payable in addition to the fees\nfor hazardous wastes, other than wastewater, as required by this\nsubdivision.\n d. No fee shall be payable for waste resulting from services which are\nprovided:\n (i) under a contract with the department, or with the department's\nwritten approval and in compliance with department regulations, or\npursuant to an order of the department, the United States environmental\nprotection agency or a court of competent jurisdiction, related to the\ncleanup or remediation of a hazardous materials or hazardous waste\nspill, discharge, or surficial cleanup, pursuant to this chapter; or\n (ii) under a contract for, or with the department's approval and in\ncompliance with department regulations for, the cleanup and removal of a\npetroleum spill or discharge, pursuant to subdivision seven of section\none hundred seventy-six of the navigation law; or\n (iii) under the order of a court, the department or the department of\nhealth, or the United States environmental protection agency related to\nan inactive hazardous waste disposal site pursuant to section 27-1313 of\nthis chapter, section thirteen hundred eighty-nine-b of the public\nhealth law, or the Comprehensive Environmental Response, Compensation\nand Liability Act (42 U.S.C. 9601 et seq.); or\n (iv) voluntarily and without expectation of monetary compensation in\naccordance with subdivision one of section 27-1321 of this chapter; or\n (v) under permit or order requiring corrective action pursuant to\ntitle nine of article twenty-seven of this chapter, title twenty-seven\nof article seventy-one of this chapter or the Resource Conservation and\nRecovery Act (42 U.S.C. 6901 et seq.); or\n (vi) under a brownfield site cleanup agreement with the department\npursuant to section 27-1409 of this chapter or under a written agreement\nwith a municipality which has entered into a memorandum of agreement\nwith the department related to the remediation of brownfield sites as of\nAugust fifth, two thousand ten; or\n (vii) under an environmental restoration project state assistance\ncontract with the department pursuant to section 56-0503 of this\nchapter.\n e. Notwithstanding any other provision of this section, no fee shall\nbe payable for the generation of universal wastes. For purposes of this\nparagraph, "universal wastes" shall mean those defined and listed in\nregulations promulgated pursuant to this title, provided that such\nwastes are regulated consistent with rules adopted by the administrator\npursuant to RCRA for the management of universal wastes.\n f. In any case where a generator either (i) recycles more than ninety\npercent of the total tons of hazardous waste or more than ninety percent\nof the total tons of hazardous wastewater which it generated during that\ncalendar year, as certified to the commissioner, or (ii) recycles more\nthan four thousand tons of hazardous waste or more than four thousand\ntons of hazardous wastewater which it generated in that calendar year,\nas certified to the commissioner, the fee imposed pursuant to this\nsection shall be calculated and imposed based upon the net amount of\nhazardous waste or the net amount of hazardous wastewater generated that\nis not recycled in that calendar year, rather than upon the gross\namounts of hazardous waste and hazardous wastewater generated in such\ncalendar year.\n 2. All facility operators required to obtain a permit or certificate\nfor the treatment, storage or disposal of hazardous waste pursuant to\ntitle nine of article twenty-seven of this chapter shall submit annually\nto the department a fee in an amount to be determined for all methods of\nhazardous waste treatment, storage or disposal as follows:\n a. $12,000 for each facility that receives less than or equal to one\nthousand tons per year of hazardous waste; and\n b. $30,000 for each facility that receives greater than one thousand\ntons per year of hazardous waste.\n In addition, the fee determined pursuant to this section shall\ninclude:\n (i) $100,000 for each facility when the gross receipts tax is below\n3.3 million dollars per year; $200,000 for each facility when the gross\nreceipts tax is between 3.3 million dollars per year and 4.4 million\ndollars per year; and $300,000 for each facility when the gross receipts\ntax exceeds 4.4 million dollars per year for which a permit pursuant to\ntitle nine of article twenty-seven of this chapter is required to\noperate one or more landfills to receive hazardous waste at such\nfacility, except that such fee shall be $100,000 if such facility is\nused by the facility operator or owner for the disposal of hazardous\nwaste generated solely by such facility operator or owner; and\n (ii) $10,000 for each incinerator as defined in section 72-0401 of\nthis title which is and each unit which burns listed hazardous waste for\nenergy recovery located at the facility operator's hazardous waste\ntreatment, storage or disposal facility; and\n (iii) $10,000 for each unit which burns listed hazardous waste for\nenergy recovery at the facility operator's hazardous waste treatment,\nstorage or disposal facility; and\n (iv) $24,000 for each facility which provides for the treatment,\nstorage or disposal of hazardous waste in one or more surface\nimpoundments.\n 3. All facility operators required to obtain a permit, certificate or\napproval for the post-closure care period pursuant to title nine of\narticle twenty-seven of this chapter shall submit annually to the\ndepartment a fee in the amount of $3,000 for each such closed hazardous\nwaste management facility.\n 4. Bills issued for annual hazardous waste program fees shall be based\nupon actual hazardous waste generated for the prior calendar year, as\ndemonstrated to the department's satisfaction. During the first year of\nimplementation of this subdivision, bills will be based on the average\nquantity of hazardous waste generated for the previous three calendar\nyears.\n