N.Y. Environmental Conservation Law § 72-0402: Hazardous waste program fees

§ 72-0402. Hazardous waste program fees.

1. a. For the period beginning January 1, 2010, all generators of

equal to or greater than fifteen tons per year of hazardous waste shall

submit annually to the department a fee in the amount of one hundred

thirty dollars per ton of hazardous waste generated not to exceed

$300,000, except not to exceed $400,000 for those with greater than

4,000 tons generated and less than or equal to 10,000 tons generated,

and not to exceed $800,000 for those with greater than 10,000 tons

generated.

b. $3,000 for generators of equal to or greater than fifteen tons per

year of hazardous wastewater, payable in addition to fees for hazardous

wastes, other than wastewater, as required by paragraph a of this

subdivision.

c. $6,000 for generators of equal to or greater than fifteen thousand

tons per year of hazardous wastewater, payable in addition to the fees

for hazardous wastes, other than wastewater, as required by this

subdivision.

d. No fee shall be payable for waste resulting from services which are

provided:

(i) under a contract with the department, or with the department's

written approval and in compliance with department regulations, or

pursuant to an order of the department, the United States environmental

protection agency or a court of competent jurisdiction, related to the

cleanup or remediation of a hazardous materials or hazardous waste

spill, discharge, or surficial cleanup, pursuant to this chapter; or

(ii) under a contract for, or with the department's approval and in

compliance with department regulations for, the cleanup and removal of a

petroleum spill or discharge, pursuant to subdivision seven of section

one hundred seventy-six of the navigation law; or

(iii) under the order of a court, the department or the department of

health, or the United States environmental protection agency related to

an inactive hazardous waste disposal site pursuant to section 27-1313 of

this chapter, section thirteen hundred eighty-nine-b of the public

health law, or the Comprehensive Environmental Response, Compensation

and Liability Act (42 U.S.C. 9601 et seq.); or

(iv) voluntarily and without expectation of monetary compensation in

accordance with subdivision one of section 27-1321 of this chapter; or

(v) under permit or order requiring corrective action pursuant to

title nine of article twenty-seven of this chapter, title twenty-seven

of article seventy-one of this chapter or the Resource Conservation and

Recovery Act (42 U.S.C. 6901 et seq.); or

(vi) under a brownfield site cleanup agreement with the department

pursuant to section 27-1409 of this chapter or under a written agreement

with a municipality which has entered into a memorandum of agreement

with the department related to the remediation of brownfield sites as of

August fifth, two thousand ten; or

(vii) under an environmental restoration project state assistance

contract with the department pursuant to section 56-0503 of this

chapter.

e. Notwithstanding any other provision of this section, no fee shall

be payable for the generation of universal wastes. For purposes of this

paragraph, "universal wastes" shall mean those defined and listed in

regulations promulgated pursuant to this title, provided that such

wastes are regulated consistent with rules adopted by the administrator

pursuant to RCRA for the management of universal wastes.

f. In any case where a generator either (i) recycles more than ninety

percent of the total tons of hazardous waste or more than ninety percent

of the total tons of hazardous wastewater which it generated during that

calendar year, as certified to the commissioner, or (ii) recycles more

than four thousand tons of hazardous waste or more than four thousand

tons of hazardous wastewater which it generated in that calendar year,

as certified to the commissioner, the fee imposed pursuant to this

section shall be calculated and imposed based upon the net amount of

hazardous waste or the net amount of hazardous wastewater generated that

is not recycled in that calendar year, rather than upon the gross

amounts of hazardous waste and hazardous wastewater generated in such

calendar year.

2. All facility operators required to obtain a permit or certificate

for the treatment, storage or disposal of hazardous waste pursuant to

title nine of article twenty-seven of this chapter shall submit annually

to the department a fee in an amount to be determined for all methods of

hazardous waste treatment, storage or disposal as follows:

a. $12,000 for each facility that receives less than or equal to one

thousand tons per year of hazardous waste; and

b. $30,000 for each facility that receives greater than one thousand

tons per year of hazardous waste.

In addition, the fee determined pursuant to this section shall

include:

(i) $100,000 for each facility when the gross receipts tax is below

3.3 million dollars per year; $200,000 for each facility when the gross

receipts tax is between 3.3 million dollars per year and 4.4 million

dollars per year; and $300,000 for each facility when the gross receipts

tax exceeds 4.4 million dollars per year for which a permit pursuant to

title nine of article twenty-seven of this chapter is required to

operate one or more landfills to receive hazardous waste at such

facility, except that such fee shall be $100,000 if such facility is

used by the facility operator or owner for the disposal of hazardous

waste generated solely by such facility operator or owner; and

(ii) $10,000 for each incinerator as defined in section 72-0401 of

this title which is and each unit which burns listed hazardous waste for

energy recovery located at the facility operator's hazardous waste

treatment, storage or disposal facility; and

(iii) $10,000 for each unit which burns listed hazardous waste for

energy recovery at the facility operator's hazardous waste treatment,

storage or disposal facility; and

(iv) $24,000 for each facility which provides for the treatment,

storage or disposal of hazardous waste in one or more surface

impoundments.

3. All facility operators required to obtain a permit, certificate or

approval for the post-closure care period pursuant to title nine of

article twenty-seven of this chapter shall submit annually to the

department a fee in the amount of $3,000 for each such closed hazardous

waste management facility.

4. Bills issued for annual hazardous waste program fees shall be based

upon actual hazardous waste generated for the prior calendar year, as

demonstrated to the department's satisfaction. During the first year of

implementation of this subdivision, bills will be based on the average

quantity of hazardous waste generated for the previous three calendar

years.