19-6-118 - Hazardous waste and treated hazardous waste disposal fees.
19-6-118. Hazardous waste and treated hazardous waste disposal fees.
(1) (a) An owner or operator of any commercial hazardous waste or mixed wastedisposal or treatment facility that primarily receives hazardous or mixed wastes generated byoff-site sources not owned, controlled, or operated by the facility or site owner or operator, andthat is subject to the requirements of Section 19-6-108, shall pay the fee under Subsection (2).
(b) The owner or operator of each cement kiln, aggregate kiln, boiler, blender, orindustrial furnace that receives for burning hazardous waste generated by off-site sources notowned, controlled, or operated by the owner or operator shall pay the fee under Subsection (2).
(2) (a) Through June 30, 2005, the owner or operator of each facility under Subsection (1)shall collect from the generators of hazardous waste and mixed waste a fee of $28 per ton orfraction of a ton on all hazardous waste and mixed waste received at the facility or site fordisposal, treatment, or both.
(b) On and after July 1, 2005, the owner or operator of each facility under Subsection (1)shall pay a fee of $28 per ton on all hazardous waste and mixed waste received at the facility fordisposal, treatment, or both.
(c) The fee required under Subsection (2)(b) shall be calculated by multiplying the totaltonnage of waste, computed to the first decimal place, received during the calendar month by$28.
(d) When hazardous waste or mixed waste is received at a facility for treatment ordisposal and the fee required under this Subsection (2) is paid for that treatment or disposal, anysubsequent treatment or disposal of the waste is not subject to additional fees under thisSubsection (2).
(e) (i) On and after July 1, 1997 through June 30, 2003, and on and after April 1, 2004through June 30, 2005, hazardous waste received at a land disposal facility is subject to a fee of$14 per ton or fraction of a ton, rather than the $28 fee under Subsection (2)(a), if the waste istreated so that it:
(A) meets the state treatment standards required for land disposal at the facility; or
(B) is no longer a hazardous waste at the time of disposal at that facility.
(ii) On and after July 1, 2003, through March 31, 2004, hazardous waste received at aland disposal facility for treatment and disposal is subject to the $28 fee imposed underSubsection (2)(a).
(f) (i) On and after July 1, 2005, hazardous waste received at a land disposal facility issubject to a fee of $14 per ton if the waste is treated so that it:
(A) meets the state treatment standards required for land disposal at the facility; or
(B) is no longer a hazardous waste at the time of disposal at that facility.
(ii) The fee required under Subsection (2)(f)(i) shall be calculated by multiplying thetonnage of waste, computed to the first decimal place, received during the calendar month by$14.
(3) (a) On or after July 1, 2010, remediation waste received at a hazardous waste landdisposal or treatment facility from a remediation project is subject to a fee in the followingamounts:
Amount of Remediation Waste Received Fee Amount
from a Remediation Project
More than 0, but less than 1,000 tons $28 per ton
Equal to or greater than 1,000 tons, but less than 12,500 tons $10 per ton for all waste
Equal to or greater than 12,500 tons, but less than 25,000 tons $5 per ton for all waste
Equal to or greater than 25,000 tons $2.50 per ton for all waste
(b) On and after July 1, 2010, emission control dust/sludge from the primary productionof steel in electric furnaces (K061, as defined in 40 CFR 261.32) received at a hazardous wasteland disposal or treatment facility is subject to a fee of $5 per ton in lieu of the fee established inSubsection (2).
(c) On and after July 1, 2010, nerve, military, and chemical agents and wastes/residuesfrom demilitarization, treatment, testing and disposal of nerve, military, and chemical agents CX,GA, GB, GD, H, HD, HL, HN-1, HN-2, HN-3, HT, L, and VX received at a hazardous wastetreatment, storage, or disposal facility are subject to a fee of $5 per ton in addition to the feeestablished in Subsection (2).
(d) (i) On or after July 1, 2010, but on or before June 30, 2011, the department may inaccordance with this Subsection (3)(d) assess a person required to pay a fee under this section aspecial assessment if the department determines that the aggregate of the following fees isinsufficient to cover the department's costs of administering its hazardous waste program:
(A) a fee imposed under this section; and
(B) a fee imposed under Section 19-6-118.5.
(ii) In determining the amount of a special assessment under this Subsection (3)(d), thedepartment shall calculate the amount of the insufficiency and assess each person subject to thespecial assessment a proportion of the insufficiency equal to the proportion of fees paid by thatperson.
(iii) The department shall deposit a special assessment collected under this Subsection(3)(d) into the Environmental Quality Restricted Account created in Section 19-1-108.
(e) The department shall annually review the fee established in Subsection (3)(a) andmake recommendations to the Legislature's Natural Resources, Agriculture, and EnvironmentInterim Committee concerning the amount of the fee.
(4) (a) The department shall allocate at least 10% of the fees received from a facilityunder this section to the county in which the facility is located, not including a specialassessment.
(b) The county may use fees allocated under Subsection (3) to carry out its hazardouswaste monitoring and response programs.
(5) The department shall deposit the state portion of the fees received under this sectioninto the Environmental Quality Restricted Account created in Section 19-1-108.
(6) (a) (i) Except as provided in Subsection (6)(a)(ii), the owner or operator shall pay thefees imposed under this section to the department on or before the 15th day of the monthfollowing the month in which the fee accrued.
(ii) For a fee to be paid on remediation waste, the fee shall be paid in accordance with aschedule determined by the department:
(A) made in consultation with the person paying the fee; and
(B) considering any contractual schedule for payment between the person paying the feeand another person with whom the person paying the fee has contracted.
(b) With the monthly fee, the owner or operator shall submit a completed form, asprescribed by the department, specifying information required by the department to verify theamount of waste received and the fee amount for which the owner or operator is liable.
(7) (a) The department shall oversee and monitor hazardous waste treatment, disposal,
and incineration facilities, including federal government facilities located within the state.
(b) The department may determine facility oversight priorities.
(8) (a) The department, in preparing its budget for the governor and the Legislature, shallseparately indicate the amount necessary to administer the hazardous waste program establishedby this part.
(b) The Legislature shall appropriate the costs of administering this program.
(9) The Office of Legislative Fiscal Analyst shall monitor the fees collected under thispart.
(10) Mixed waste subject to a fee under this section is not subject to a fee under Section19-3-106.
(11) As used in this section:
(a) "Remediation project" means:
(i) a Superfund cleanup project;
(ii) a Resource Conservation and Recovery Act Corrective Action Site; or
(iii) a voluntary cleanup of:
(A) hazardous debris; or
(B) hazardous waste subject to regulation solely because of removal or remedial actiontaken in response to environmental contamination.
(b) "Remediation waste" means waste from a remediation project.
Amended by Chapter 17, 2010 General Session