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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 - 2002
IN 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,
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 all 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 mate-
23 rials from "Formerly Utilized Sites Remedial Action Program (FUSRAP)"
24 sites administered by the United States army corps of engineers: five dol-
25 lars ($5.00) per gate ton or fraction thereof disposed of at the facility
26 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) of this subsection: five dollars
31 ($5.00) per gate ton or fraction thereof;
32 (e) For wastes defined in paragraphs (a) and/or (b) above, after twenty-
33 five thousand (25,000) gate tons of such waste have been disposed of at a
34 commercial hazardous waste facility or site in a calendar year: twenty
35 dollars ($20.00) per gate ton or fraction thereof or any lower applicable
36 fee for such waste disposed of at such facility or site, for the remainder
37 of 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