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H0735.....................................................by WAYS AND MEANS HAZARDOUS WASTE DISPOSAL - Amends existing law to revise fees for disposal of certain hazardous waste, PCBs and hazardous debris at commercial hazardous waste disposal facilities or permitted sites. 03/12 House intro - 1st rdg - to printing 03/13 Rpt prt - to Env Aff Rpt out - rec d/p - to 2nd rdg Rls susp - PASSED - 58-8-4 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Collins, Crow, Cuddy, Deal, Denney, Eskridge, Field(13), Gagner, Gould, Hadley, Hammond, Harwood, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Montgomery, Mortensen, Pearce, Pischner, Pomeroy, Raybould, Robison, Sali, Schaefer, Shepherd, Smith(33), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Young, Mr. Speaker NAYS -- Ellsworth, Field(20), Henbest, Meyer, Moyle, Ridinger, Sellman, Wood Absent and excused -- Clark, Ellis, Roberts, Smith(23) Floor Sponsor - Barraclough Title apvd - to Senate 03/13 Senate intro - 1st rdg - to Health/Wel 03/14 Rpt out - rec d/p - to 2nd rdg 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- None Absent and excused -- None Floor Sponsor - King-Barrutia Title apvd - to House To enrol - rpt enrol - Sp signed - Pres signed 03/18 To Governor 03/21 Governor signed Session Law Chapter 176 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 735 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 OR PERMITTED SITES. 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, 1997, tThere 10 is imposed on the owner or operator of every commercial hazardous waste dis- 11 posal facility or site permitted under section 39-4409, Idaho Code, the lowest 12 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,14and excluding hazardous wastes covered by paragraph (c) of this subsec-15tion: thirty dollars ($30.00) per gate ton or fraction thereof disposed of16at the facility or site;17(b) PCB and all manifested waste other than wastes as defined in para-18graph (a), (c), (d) or (e) of this subsection: twenty-five dollars19($25.00) per gate ton or fraction thereof disposed of at the facility or20site;21(c) Hazardous waste that is delisted or treated so that it is no longer22hazardous waste or nonhazardous radiologically contaminated waste mate-23rials from "Formerly Utilized Sites Remedial Action Program (FUSRAP)"24sites administered by the United States army corps of engineers: five dol-25lars ($5.00) per gate ton or fraction thereof disposed of at the facility26or site;27(d) Wastes containing PCBs in concentrations less than fifty (50) parts28per million and not regulated by the toxic substances control act, as29amended, 15 U.S.C. section 2601 et seq., and all other waste not defined30in paragraphs (a), (b), (c) and (d) of this subsection: five dollars31($5.00) per gate ton or fraction thereof;32(e) For wastes defined in paragraphs (a) and/or (b) above, after twenty-33five thousand (25,000) gate tons of such waste have been disposed of at a34commercial hazardous waste facility or site in a calendar year: twenty35dollars ($20.00) per gate ton or fraction thereof or any lower applicable36fee for such waste disposed of at such facility or site, for the remainder37of the calendar year.38 (a) Thirty dollars ($30.00) per gate ton or fraction thereof for all haz- 39 ardous wastes as defined by RCRA or section 39-4407, Idaho Code; 40 (b) Twenty-five dollars ($25.00) per gate ton or fraction thereof for all 41 manifested wastes not otherwise defined in this subsection; 42 (c) Twenty dollars ($20.00) per gate ton or fraction thereof for the 43 first two thousand five hundred (2,500) gate tons or less of wastes 2 1 received by a facility or site in a calendar year from the same initial 2 generator if the wastes: (i) are PCBs regulated under Idaho or federal law 3 and are in concentrations greater than fifty (50) parts per million; (ii) 4 are hazardous debris; (iii) are hazardous wastes that become subject to 5 regulation solely as a result of a removal or remedial action taken in 6 response to environmental contamination; or (iv) are hazardous wastes that 7 result from corrective action or closure of a regulated or nonregulated 8 hazardous waste management unit; 9 (d) Ten dollars ($10.00) per gate ton or fraction thereof for all wastes 10 contained in paragraph (c) of this subsection, if the wastes are received 11 by the same facility or site and are from the same initial generator in an 12 amount greater than two thousand five hundred (2,500) gate tons in the 13 same calendar year; 14 (e) Five dollars ($5.00) per gate ton or fraction thereof for all hazard- 15 ous wastes that: (i) are delisted or treated so that the wastes are no 16 longer hazardous wastes; or (ii) are nonhazardous radiologically contami- 17 nated wastes including materials from the "Formerly Utilized Sites Reme- 18 dial Action Program (FUSRAP)" sites administered by the government of the 19 United States; or (iii) are PCBs in concentrations less than fifty (50) 20 parts per million and not otherwise regulated by Idaho or federal law; or 21 (iv) are wastes not otherwise defined in this subsection. 22 (2) The fees set forth in subsection (1) of this section shall not apply 23 to any of the following types of wastes: 24 (a) Wastes generated or disposed of by a public agency or other person 25 operating a household hazardous waste collection program; 26 (b) Wastes generated or disposed of by any agency of the state of Idaho. 27 Any waste for which the fees are waived under the provisions of this sec- 28 tion must be noted as fee-waived waste on the return required in section 29 39-4428, Idaho Code, and is subject to all audit provisions of section 30 39-4429, Idaho Code. 31 (3) For wastes disposed of by any agency of the state of Idaho at any 32 commercial hazardous waste disposal facility or site permitted under section 33 39-4409, Idaho Code, the director, pursuant to a written agreement with the 34 director, the owner or operator of any such facility or site, may credit on 35 the return required in section 39-4428, Idaho Code, and in the fee remitted, 36 an amount equal to the actual cost charged by such owner or operator per gate 37 ton or fraction thereof for the characterization, collection, identification, 38 transportation, treatment, storage and disposal of wastes at such facility or 39 site.
REVISED REVISED REVISED REVISED REVISED REVISED STATEMENT OF PURPOSE RS 12216 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 as much as $80,288 per year, to $1,356,152 of which $1,288,344 will go to the General Account, an increase of approximately $ 80,000 per year. Contact Name: Roy Eiguren Phone: 388-1313 STATEMENT OF PURPOSE/FISCAL NOTE Bill No 735