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S1467.................................................by HEALTH AND WELFARE
HAZARDOUS WASTE - FEES - Amends existing law to provide fees for manifested
wastes; to provide fees for hazardous waste that has been treated to meet
land disposal restriction requirements; and to provide fees for wastes
containing PCBs and all other wastes.
02/19 Senate intro - 1st rdg - to printing
02/20 Rpt prt - to Health/Wel
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1467
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO COMMERCIAL HAZARDOUS WASTE DISPOSAL FEES; AMENDING SECTION
3 39-4427, IDAHO CODE, TO PROVIDE FEES FOR MANIFESTED WASTES, TO PROVIDE
4 FEES FOR HAZARDOUS WASTE THAT HAS BEEN TREATED TO MEET LAND DISPOSAL
5 RESTRICTION REQUIREMENTS, TO PROVIDE FEES FOR WASTES CONTAINING PCBS AND
6 ALL OTHER WASTES AND TO PROVIDE TECHNICAL CORRECTIONS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 39-4427, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-4427. COMMERCIAL DISPOSAL FEES. (1) On and after July 1, 1997, there
11 is imposed on the owner or operator of every commercial hazardous waste dis-
12 posal facility or site permitted under section 39-4409, Idaho Code, the lowest
13 applicable fee for each ton of waste or fraction thereof, as follows:
14 (a) Hazardous wastes as defined by RCRA or section 39-4407, Idaho Code,
15 and excluding hazardous wastes covered by paragraphs (c) and (d) of this
16 subsection: thirty dollars ($30.00) per gate ton or fraction thereof dis-
17 posed of at the facility or site;
18 (b) PCB and aAll manifested waste other than wastes as defined in para-
19 graph (a), (c), (d), or (e) or (f) of this subsection: twenty-five dol-
20 lars ($25.00) per gate ton or fraction thereof disposed of at the facility
21 or site;
22 (c) Hazardous waste that has been treated to meet land disposal restric-
23 tion requirements as defined by 40 CFR part 268: fourteen dollars ($14.00)
24 per gate ton or fraction thereof disposed of at the facility or site;
25 (d) Hazardous waste that is delisted or treated so that it is no longer
26 hazardous waste or nonhazardous radiologically contaminated waste includ-
27 ing materials from "Formerly Utilized Sites Remedial Action Program
28 (FUSRAP)" sites administered by the United States army corps of engineers:
29 five dollars ($5.00) per gate ton or fraction thereof disposed of at the
30 facility or site;
31 (de) Wastes containing PCBs in concentrations less than fifty (50) parts
32 per million and not regulated by the toxic substances control act, as
33 amended, 15 U.S.C. section 2601 et seq., and all other waste not defined
34 in paragraphs (a), (b), (c), and (d) and (e) of this subsection: five dol-
35 lars ($5.00) per gate ton or fraction thereof;
36 (ef) For wastes defined in paragraphs (a) and/or (b) above, after twenty-
37 five thousand (25,000) gate tons of such waste have been disposed of at a
38 commercial hazardous waste facility or site in a calendar year: twenty
39 dollars ($20.00) per gate ton or fraction thereof or any lower applicable
40 fee for such waste disposed of at such facility or site, for the remainder
41 of the calendar year.
42 (2) The fees set forth in subsection (1) of this section shall not apply
43 to any of the following types of wastes:
2
1 (a) Wastes generated or disposed of by a public agency or other person
2 operating a household hazardous waste collection program;
3 (b) Wastes generated or disposed of by any agency of the state of Idaho.
4 Any waste for which the fees are waived under the provisions of this sec-
5 tion must be noted as fee-waived waste on the return required in section
6 39-4428, Idaho Code, and is subject to all audit provisions of section
7 39-4429, Idaho Code.
8 (3) For wastes disposed of by any agency of the state of Idaho at any
9 commercial hazardous waste disposal facility or site permitted under section
10 39-4409, Idaho Code, the director, pursuant to a written agreement with the
11 director, the owner or operator of any such facility or site, may credit on
12 the return required in section 39-4428, Idaho Code, and in the fee remitted,
13 an amount equal to the actual cost charged by such owner or operator per gate
14 ton or fraction thereof for the characterization, collection, identification,
15 transportation, treatment, storage and disposal of wastes at such facility or
16 site.
STATEMENT OF PURPOSE
RS 12028
Idaho s Hazardous Waste Management Act imposes a fee on every ton
of waste treated and disposed at a commercial hazardous waste
facility. There are only three (3) such facilities in the region:
U.S. Ecology s facility located near Grandview, Idaho; one (1)
facility located near Salt Lake City, Utah, and one (1) facility
located near Arlington, Oregon. Utah and Oregon also levy fees on
the waste treated and disposed at the facilities located in their
state. This legislation adjusts Idaho s fees to a level identical
to Utah on two (2) types of waste, PCB Waste and Hazardous Waste
that have been treated to make it less hazardous.
FISCAL IMPACT
In calendar year 2001, $1,275,924 in fees were collected at the
U.S. Ecology s Grandview facility. Ninety-five percent (95%) of
the fees are deposited in the General Account, and 5 percent (5%)
are provided to the Owyhee County where the facility is located.
The increased amount of waste treated and disposed of at U.S.
Ecology s facility resulting from this legislation is projected
to increase fee revenues to $1,591,535 per year, an increase of
$482,200 per year, of which 95 percent (95%) will go to the
General Account.
CONTACT: Senator Robbi Barrutia Senator Denton Darrington
(208) 332-1347 (208) 332-1317
Roy Eiguren
U.S. Ecology of Idaho
(208) 388-1313
STATEMENT OF PURPOSE/FISCAL NOTE S 1467