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H0790.....................................................by WAYS AND MEANS
HAZARDOUS WASTES - Amends and adds to existing law to provide hazardous
waste fees for generators and treatment, storage or disposal facilities.
03/02 House intro - 1st rdg - to printing
03/03 Rpt prt - to Env Aff
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 63-5-3
AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Crow, Cuddy, Deal, Denney, Ellsworth, Gagner, Geddes, Gould, Hadley,
Hansen, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Judd,
Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Miller, Mortensen,
Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Sali, Schaefer, Stevenson, Stone, Stubbs, Taylor, Tilman, Tippets,
Trail, Watson, Wheeler, Mr Speaker
NAYS -- Barrett, Field(20), Jones(20), Stoicheff, Wood
Absent and excused -- Field(13), Zimmermann
Floor Sponsor - Stubbs
Title apvd - to Senate
03/10 Senate intro - 1st rdg - to Health/Wel
03/13 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen
Floor Sponsor - Darrington
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 229
Effective: 03/20/98
H0790|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 790 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO HAZARDOUS WASTE; AMENDING SECTION 39-4427, IDAHO CODE, TO REDESIG- 3 NATE THE SECTION, AMEND THE CATCHLINE TO REFER TO COMMERCIAL DISPOSAL FEES 4 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 44, TITLE 39, IDAHO 5 CODE, BY THE ADDITION OF A NEW SECTION 39-4427B, IDAHO CODE, TO PROVIDE 6 FEES FOR GENERATORS OF HAZARDOUS WASTE; AMENDING CHAPTER 44, TITLE 39, 7 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-4427C, IDAHO CODE, TO PRO- 8 VIDE A FEE FOR A HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITY; 9 AMENDING CHAPTER 44, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 10 TION 39-4427D, IDAHO CODE, TO PROVIDE FOR DUPLICATION OF HAZARDOUS WASTE 11 FEES; AMENDING SECTION 39-4428, IDAHO CODE, TO AMEND THE CATCHLINE AND TO 12 PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 39-4429, IDAHO CODE, TO 13 PROVIDE CODE REFERENCES AND TO PROVIDE FOR APPLICATION OF APPLICABLE CODE 14 PROVISIONS; AMENDING SECTION 39-4432, IDAHO CODE, TO PROVIDE CORRECT TER- 15 MINOLOGY AND TO PROVIDE FOR THE DEPOSIT OF FEES IN THE HAZARDOUS WASTE 16 MANAGEMENT ACCOUNT; AND DECLARING AN EMERGENCY. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Section 39-4427, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 39-4427 A .HAZARDOUS WASTECOMMERCIAL DIS- 21 POSAL FEES. (1) On and after July 1, 1997, there is imposed on the 22 owner or operator of every commercial hazardous waste disposal facility or 23 site permitted under section 39-4409, Idaho Code, the lowest applicable fee 24 for each ton of waste or fraction thereof, as follows: 25 (a) Hazardous wastes as defined by RCRA or section 39-4407, Idaho Code, 26 and excluding hazardous wastes covered by paragraph (c) of this subsec- 27 tion: thirty dollars ($30.00) per gate ton or fraction thereof disposed of 28 at the facility or site; 29 (b) PCB and all manifested waste other than wastes as defined in para- 30 graph (a), (c), (d) or (e) of this subsection: twenty-five dollars 31 ($25.00) per gate ton or fraction thereof disposed of at the facility or 32 site; 33 (c) Hazardous waste that is delisted or treated so that it is no longer 34 hazardous waste: five dollars ($5.00) per gate ton or fraction thereof 35 disposed of at the facility or site; 36 (d) Wastes containing PCB's in concentrations less than 37 fifty (50) parts per million and not regulated by the toxic substances 38 control act, as amended, 15 U.S.C. section 2601 et seq., and all other 39 waste not defined in paragraphs (a), (b), (c) and (d) of this subsection: 40 five dollars ($5.00) per gate ton or fraction thereof; 41 (e) For wastes defined in paragraphs (a) and/or (b) above, after42twentyfivetwenty-five thousand (25,000) gate tons of 43 such waste have been disposed of at a commercial hazardous waste facility 2 1 or site in a calendar year: twenty dollars ($20.00) per gate ton or frac- 2 tion thereof or any lower applicable fee for such waste disposed of at 3 such facility or site, for the remainder of the calendar year. 4 (2) The fees set forth in subsection (1) of this section shall not apply 5 to any of the following types of wastes: 6 (a) Wastes generated or disposed of by a public agency or other person 7 operating a household hazardous waste collection program; 8 (b) Wastes generated or disposed of by any agency of the state of Idaho. 9 Any waste for which the fees are waived under the provisions of this sec- 10 tion must be noted as fee-waived waste on the return required in section 11 39-4428, Idaho Code, and is subject to all audit provisions of section 12 39-4429, Idaho Code. 13 (3) For wastes disposed of by any agency of the state of Idaho at any 14 commercial hazardous waste disposal facility or site permitted under section 15 39-4409, Idaho Code, the director, pursuant to a written agreement with the 16 owner or operator of any such facility or site, may credit to the hazardous 17 waste management account an amount equal to the actual cost charged by such 18 owner or operator per gate ton or fraction thereof for the characterization, 19 collection, identification, transportation, treatment, storage and disposal of 20 wastes at such facility or site. 21 SECTION 2. That Chapter 44, Title 39, Idaho Code, be, and the same is 22 hereby amended by the addition thereto of a NEW SECTION , to be 23 known and designated as Section 39-4427B, Idaho Code, and to read as follows: 24 39-4427B. GENERATOR FEES. (1) For any generator generating waste during 25 calendar year 1998, there is imposed a generator fee to be remitted to the 26 department of health and welfare no later than thirty (30) days after the end 27 of calendar year 1998, as follows: 28 (a) A generator who generates two and two-tenths (2.2) pounds or more of 29 acutely hazardous waste as defined by 40 CFR section 261, in any calendar 30 month, or generates more than two thousand two hundred (2,200) pounds of 31 hazardous waste at any time in a calendar month, shall be subject to an 32 annual fee of two thousand dollars ($2,000); 33 (b) A generator who generates between two hundred twenty (220) and two 34 thousand two hundred (2,200) pounds of hazardous waste in one (1) calendar 35 month, shall be subject to an annual fee of seven hundred fifty dollars 36 ($750). 37 (2) The fee set forth in subsection (1) of this section shall not apply 38 to generators who: 39 (a) Are public or governmental entities; or 40 (b) Demonstrate, to the satisfaction of the director of the department, 41 an inability to pay all or a portion of the fee. 42 SECTION 3. That Chapter 44, Title 39, Idaho Code, be, and the same is 43 hereby amended by the addition thereto of a NEW SECTION , to be 44 known and designated as Section 39-4427C, Idaho Code, and to read as follows: 45 39-4427C. TREATMENT, STORAGE OR DISPOSAL FACILITY FEE. (1) Any hazardous 46 waste treatment, storage and disposal facility subject to regulation by the 47 department of health and welfare during calendar year 1998, shall be subject 48 to a five thousand dollar ($5,000) fee to be remitted to the department of 49 health and welfare no later than thirty (30) days after the end of calendar 50 year 1998. 51 (2) The fee set forth in subsection (1) of this section shall not apply 3 1 to facilities which: 2 (a) Are owned or operated by public or governmental entities; or 3 (b) Demonstrate, to the satisfaction of the director of the department, 4 an inability to pay all or a portion of the fee. 5 SECTION 4. That Chapter 44, Title 39, Idaho Code, be, and the same is 6 hereby amended by the addition thereto of a NEW SECTION , to be 7 known and designated as Section 39-4427D, Idaho Code, and to read as follows: 8 39-4427D. HAZARDOUS WASTE FEES -- DUPLICATION. (1) Any owner or operator, 9 generator or treatment, storage or disposal facility subject to more than one 10 (1) fee under section 39-4427A, 39-4427B or 39-4427C, Idaho Code, shall only 11 be required to pay the highest applicable fee under any one (1) of those sec- 12 tions. 13 (2) For purposes of this section, the fee for section 39-4427A, Idaho 14 Code, shall be the total amount required to be paid under subsection (1) of 15 section 39-4427A, Idaho Code. 16 SECTION 5. That Section 39-4428, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 39-4428. COLLECTION OF COMMERCIAL DISPOSAL FEES -- RETURNS. 19 The fees imposed under section 39-4427 A , Idaho Code, shall be due 20 and payable in monthly installments by the owner, agent, employee, or operator 21 of such hazardous waste facility or site and remittance shall be made to the 22 Idaho department of health and welfare on or before the fifteenth day of the 23 month next succeeding the end of the monthly period in which the fee accrued. 24 The owner, operator or designated employee or agent of the hazardous waste 25 facility or site, on or before the fifteenth day of the month, shall make out 26 a return, upon such forms setting forth such information as the department may 27 require, showing the amount of the fee for which the owner or operator of the 28 hazardous waste facility or site is liable for the preceding monthly period, 29 and shall sign and transmit the same to the department, together with a remit- 30 tance for such amount in the form required. 31 (2) The department may relieve any person or class of persons from the 32 obligation of filing monthly returns and may require the return to cover other 33 reporting periods, but in no event shall returns be filed for a period greater 34 than three (3) months. 35 SECTION 6. That Section 39-4429, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 39-4429. BOOKS AND RECORDS TO BE PRESERVED -- ENTRY AND INSPECTION BY 38 DEPARTMENT OF HEALTH AND WELFARE. Every person or entity subject to the impo- 39 sition of the fees specified in section s 39-4427 A, 39-4427B 40 and 39-4427C , Idaho Code, shall keep complete and accurate records, 41 including itemized invoices and manifests for federally regulated types and 42 quantities of hazardous waste ultimately disposed of at a hazardous waste 43 facility or site in Idaho. All books, documents and papers, computer tapes, 44 discs, and other records required to be kept by this section shall be pre- 45 served for a period of at least five (5) years from the date of the records or 46 the date of the entries appearing in the records, unless the department in 47 writing, authorized their destruction or disposal at an earlier date. For pur- 48 poses of this act, at any time during usual business hours, the department or 49 duly authorized agents or employees, may enter any place of business of the 4 1 owner or operator of a hazardous waste facility or site where hazardous wastes 2 are disposed and inspect the premises, the records required to be kept under 3 this chapter, and the hazardous wastes or other chemicals contained therein, 4 to determine whether or not all the applicable provisions of sec- 5 tions 39-4427 A, 39-4427B, 39-4427C and 39-4428, Idaho Code, are 6 being fully complied with. Trade secret information obtained by the department 7 under the provisions of this section shall be treated in the same manner as 8 such information obtained under section 39-4411, Idaho Code. If the depart- 9 ment, or any of its authorized agents or employees is unreasonably denied free 10 access or is unreasonably hindered or interfered with in making the examina- 11 tion of a hazardous waste facility or site, that hindrance or interference 12 shall constitute grounds for suspension or revocation of the facility or 13 site's permit by the director of the department of health and welfare under 14 subsection (b) of section 39-4413, Idaho Code. 15 SECTION 7. That Section 39-4432, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 39-4432. DISTRIBUTION OF HAZARDOUS WASTE MANAGEMENT FEE REVENUES. 18 (1) The revenues received from the commercial disposal 19 fees imposed by this chapter and any penalties, interest, or deficiency addi- 20 tions, shall be paid over to the state treasurer by the department to be dis- 21 tributed as follows: 22 (1a ) An amount of money to maintain the hazard- 23 ous waste management fee refund account, which is hereby created, and from 24 which all refunds authorized to be paid by this act shall be paid, at a 25 monthly balance of ten thousand dollars ($10,000) or at such greater sum 26 as in the opinion of the department may be needed to meet reasonable 27 requirements imposed on the hazardous waste management fee refund account. 28 (2b ) The balance remaining with the state trea- 29 surer after deducting the amounts in (1) above, shall be remitted periodi- 30 cally but no less frequently than quarterly as follows: ninety-five per- 31 cent (95%) shall be remitted to the hazardous waste management account 32 created in section 39-4417B, Idaho Code, and the remaining five percent 33 (5%) shall be remitted to the county treasurer of the county or counties 34 where the activity occurred which caused the fees to be assessed pursuant 35 to this chapter. Moneys shall be apportioned to the counties in the same 36 proportional manner in which they were collected. Moneys returned to coun- 37 ties shall be utilized by the county to respond to health and environmen- 38 tal problems which may be caused by hazardous waste emergencies or spills, 39 or improperly handled or packaged hazardous waste. 40 (2) The revenues received from the generator and treatment, storage 41 or disposal facility fees imposed by this chapter and any penalties, interest, 42 or deficiency additions relating to those fees, shall be paid over to the 43 state treasurer by the department to be distributed to the hazardous waste 44 management account created in section 39-4417B, Idaho Code. 45 SECTION 8. An emergency existing therefor, which emergency is hereby 46 declared to exist, this act shall be in full force and effect on and after its 47 passage and approval.
STATEMENT OF PURPOSE
RS 0 8 1 4 9
The purpose of this legislation is to have commercial generators
of hazardous wastes, and commercial hazardous waste treatment,
storage and disposal facilities participate in the funding of the
state's hazardous material program. Currently, only commercial
hazardous waste disposal facilities pay fees. These fees would be
placed in the state's Hazardous Waste Management Fund.
FISCAL NOTE
The fee for generators of hazardous waste is expected to produce
approximately $170,000 per year. The fee for hazardous waste
treatment, storage and disposal facilities is expected to generate
approximately $30,000 per year. The combined annual revenue of
$200,000 will be deposited into the Hazardous Waste Management
Fund and used to help operate the state hazardous materials
program in the Division of Environmental Quality.
CONTACT: Jim Yost,Division of Environmental Quality
334-2100
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No. H 790