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H0718.....................................................by WAYS AND MEANS
HAZARDOUS WASTES - Amends existing law to revise fees for disposal of
certain hazardous waste, PCBs and hazardous debris at commercial hazardous
waste disposal facilities.
03/04 House intro - 1st rdg - to printing
03/05 Rpt prt - to Env Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 718
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO COMMERCIAL HAZARDOUS WASTE DISPOSAL FEES; AMENDING SECTION
3 39-4427, IDAHO CODE, TO REVISE FEES FOR DISPOSAL OF CERTAIN HAZARDOUS
4 WASTE, PCBS AND HAZARDOUS DEBRIS AT COMMERCIAL HAZARDOUS WASTE DISPOSAL
5 FACILITIES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 39-4427, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-4427. COMMERCIAL DISPOSAL FEES. (1) On and after July 1, 19972002,
10 there is imposed on the owner or operator of every commercial hazardous waste
11 disposal facility or site permitted under section 39-4409, Idaho Code, the
12 lowest applicable fee for each ton of waste or fraction thereof, as follows:
13 (a) Hazardous wastes as defined by RCRA or section 39-4407, Idaho Code,
14 and excluding hazardous wastes covered by paragraph (c) of this subsec-
15 tion: thirty dollars ($30.00) per gate ton or fraction thereof disposed of
16 at the facility or site;
17 (b) PCB and aAll manifested waste other than wastes as defined in para-
18 graph (a), (c), (d) or (e) of this subsection: twenty-five dollars
19 ($25.00) per gate ton or fraction thereof disposed of at the facility or
20 site;
21 (c) Hazardous waste that is delisted or treated so that it is no longer
22 hazardous waste or nonhazardous radiologically contaminated waste includ-
23 ing materials from "Formerly Utilized Sites Remedial Action Program
24 (FUSRAP)" sites administered by the United States army corps of engineers:
25 five dollars ($5.00) per gate ton or fraction thereof disposed of at the
26 facility or site;
27 (d) Wastes containing PCBs in concentrations less than fifty (50) parts
28 per million and not regulated by the toxic substances control act, as
29 amended, 15 U.S.C. section 2601 et seq., and all other waste not defined
30 in paragraphs (a), (b), (c), and (d) and (e) of this subsection: five dol-
31 lars ($5.00) per gate ton or fraction thereof;
32 (e) For the wastes defined in described in this paragraphs (a) and/or (b)
33 above, after twenty-five thousand (25,000) gate tons of such waste have
34 been disposed of at a commercial hazardous waste facility or site in a
35 calendar year: twenty dollars ($20.00) per gate ton or fraction thereof or
36 any lower applicable fee for such waste disposed of at such facility or
37 site, for the remainder of the calendar year either twenty dollars
38 ($20.00) per ton for two thousand five hundred (2,500) tons or less of
39 waste received by the facility in a calendar year from the same initial
40 generator, or ten dollars ($10.00) per ton for all waste received by the
41 facility in a calendar year from the same initial generator if the facil-
42 ity receives more than two thousand five hundred (2,500) tons from that
43 generator in the year, if the waste is:
2
1 (i) PCBs under Idaho or federal law and excluding paragraph (d) of
2 this subsection;
3 (ii) Hazardous debris;
4 (iii) Hazardous waste that becomes subject to regulation solely as a
5 result of a removal or remedial action taken in response to environ-
6 mental contamination; or
7 (iv) Hazardous waste that results from corrective action or closure
8 of a regulated or nonregulated hazardous waste management unit.
9 (2) The fees set forth in subsection (1) of this section shall not apply
10 to any of the following types of wastes:
11 (a) Wastes generated or disposed of by a public agency or other person
12 operating a household hazardous waste collection program;
13 (b) Wastes generated or disposed of by any agency of the state of Idaho.
14 Any waste for which the fees are waived under the provisions of this sec-
15 tion must be noted as fee-waived waste on the return required in section
16 39-4428, Idaho Code, and is subject to all audit provisions of section
17 39-4429, Idaho Code.
18 (3) For wastes disposed of by any agency of the state of Idaho at any
19 commercial hazardous waste disposal facility or site permitted under section
20 39-4409, Idaho Code, the director, pursuant to a written agreement with the
21 director, the owner or operator of any such facility or site, may credit on
22 the return required in section 39-4428, Idaho Code, and in the fee remitted,
23 an amount equal to the actual cost charged by such owner or operator per gate
24 ton or fraction thereof for the characterization, collection, identification,
25 transportation, treatment, storage and disposal of wastes at such facility or
26 site.
STATEMENT OF PURPOSE
RS 12179
Idaho's Hazardous Waste Management Act imposes a fee on every ton
of waste treated and disposed of at a commercial hazardous waste
facility. There are only three such facilities in the region: US
Ecology's facility located near Grand View, Idaho, one facility
located near Salt Lake City, Utah, and one facility located near
Arlington, Oregon. Utah and Oregon also levy fees on the waste
treated and disposed of at the facilities located in their
states. This legislation adjusts Idaho's fees to a level
identical to Oregon's fees and approximately similar to Utah's.
FISCAL IMPACT
In calendar year 2001, $1,275,924.00 in fees were collected at US
Ecology's Grand View facility. Ninety-five percent of the fees
are deposited in the General Account and 5% are provided to
Owyhee County where the facility is located.
The increased amount of waste treated and disposed of at US
Ecology's facility resulting from this legislation is projected
to increase fee revenues by approximately $330,000 per year, to
$1,591,535.00 of which $1,511,958.00 will go to the General
Account, an increase of approximately $330,000 per year.
Contact
Name: Roy Eigueren, US Ecology of Idaho
Phone: (208) 388-1313
STATEMENT OF PURPOSE/FISCAL NOTE H 718