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H0611..............................................by ENVIRONMENTAL AFFAIRS
HAZARDOUS WASTE DISPOSAL FEES - Amends existing law to provide fees for
certain manifested remediation wastes; and to revise fees for disposal of
certain hazardous wastes, PCBs and hazardous debris at commercial hazardous
waste disposal facilities or permitted sites.
02/05 House intro - 1st rdg - to printing
02/06 Rpt prt - to Env Aff
02/11 Rpt out - rec d/p - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/18 3rd rdg - PASSED - 63-2-5
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Deal, Denney, Douglas, Eberle, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Jaquet, Jones, Kellogg(Nonini),
Kulczyk, Lake, Langford, Martinez, McGeachin, McKague, Meyer, Miller,
Mitchell, Moyle, Naccarato, Pasley-Stuart, Raybould, Ridinger, Ring,
Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,
Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
Trail, Wood, Mr. Speaker
NAYS -- Henbest, Langhorst
Absent and excused -- Block, Cuddy, Edmunson, Nielsen, Wills
Floor Sponsor - Harwood
Title apvd - to Senate
02/19 Senate intro - 1st rdg - to Health/Wel
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 35-0-0
AYES -- Andreason(Andreason), Bailey, Brandt, Bunderson, Burkett,
Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Compton
Title apvd - to House
03/11 To enrol
03/12 Rpt enrol - Sp signed
03/15 Pres signed
03/16 To Governor
03/19 Governor signed
Session Law Chapter 117
Effective: 03/19/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 611
BY ENVIRONMENTAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO COMMERCIAL HAZARDOUS WASTE DISPOSAL FEES; AMENDING SECTION
3 39-4427, IDAHO CODE, TO PROVIDE FEES FOR CERTAIN MANIFESTED REMEDIATION
4 WASTES, TO REVISE FEES FOR DISPOSAL OF CERTAIN HAZARDOUS WASTES, PCBS AND
5 HAZARDOUS DEBRIS AT COMMERCIAL HAZARDOUS WASTE DISPOSAL FACILITIES OR PER-
6 MITTED SITES; AND DECLARING AN EMERGENCY.
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) There is imposed on the owner or
11 operator of every commercial hazardous waste disposal facility or site permit-
12 ted under section 39-4409, Idaho Code, the lowest applicable fee for each ton
13 of waste or fraction thereof, as follows:
14 (a) Thirty dollars ($30.00) per gate ton or fraction thereof for all haz-
15 ardous wastes as defined by RCRA or section 39-4407, Idaho Code;
16 (b) Twenty-five dollars ($25.00) per gate ton or fraction thereof for all
17 manifested wastes not otherwise defined in this subsection;
18 (c) Two dollars ($2.00) per gate ton or fraction thereof for all mani-
19 fested remediation wastes not otherwise defined in this subsection;
20 (d) Twenty dollars ($20.00) per gate ton or fraction thereof for the
21 first two thousand five hundred (2,500) gate tons or less of wastes
22 received by a facility or site in a calendar year from the same initial
23 generator site, property or hazardous waste management unit if the wastes:
24 (i) are PCBs regulated under Idaho or federal law and are in concentra-
25 tions greater than fifty (50) parts per million; (ii) are hazardous
26 debris; (iii) are hazardous wastes that become subject to regulation
27 solely as a result of a removal or remedial action taken in response to
28 environmental contamination; or (iv) are hazardous wastes that result from
29 corrective action or closure of a regulated or nonregulated hazardous
30 waste management unit;
31 (de) Ten dollars ($10.00) per gate ton or fraction thereof for all wastes
32 contained in paragraph (cd) of this subsection, if the wastes are received
33 by the same facility or site and are from the same initial generator site,
34 property or hazardous waste management unit in an amount greater than two
35 thousand five hundred (2,500) gate tons in the same calendar year up to
36 twelve thousand five hundred (12,500) gate tons;
37 (f) Five dollars ($5.00) per gate ton or fraction thereof for all wastes
38 contained in paragraph (d) of this subsection, if the wastes are received
39 by the same facility or site and are from the same site, property or haz-
40 ardous waste management unit in an amount greater than twelve thousand
41 five hundred (12,500) gate tons up to twenty-five thousand (25,000) gate
42 tons;
43 (g) Two dollars and fifty cents ($2.50) per gate ton or fraction thereof
2
1 for all wastes contained in paragraph (d) of this subsection, if the
2 wastes are received by the same facility or site and are from the same
3 site, property or hazardous waste management unit in an amount greater
4 than twenty-five thousand (25,000) gate tons;
5 (eh) Five dollars ($5.00) per gate ton or fraction thereof for all haz-
6 ardous wastes that: (i) are delisted or treated so that the wastes are no
7 longer hazardous wastes; or (ii) are nonhazardous radiologically contami-
8 nated wastes including materials from the "Formerly Utilized Sites Reme-
9 dial Action Program (FUSRAP)" sites administered by the government of the
10 United States; or (iii) are PCBs in concentrations less than fifty (50)
11 parts per million and not otherwise regulated by Idaho or federal law; or
12 (iv) are wastes not otherwise defined in this subsection.
13 (2) The fees set forth in subsection (1) of this section shall not apply
14 to any of the following types of wastes:
15 (a) Wastes generated or disposed of by a public agency or other person
16 operating a household hazardous waste collection program;
17 (b) Wastes generated or disposed of by any agency of the state of Idaho.
18 Any waste for which the fees are waived under the provisions of this sec-
19 tion must be noted as fee-waived waste on the return required in section
20 39-4428, Idaho Code, and is subject to all audit provisions of section
21 39-4429, Idaho Code.
22 (3) For wastes disposed of by any agency of the state of Idaho at any
23 commercial hazardous waste disposal facility or site permitted under section
24 39-4409, Idaho Code, the director, pursuant to a written agreement with the
25 director, the owner or operator of any such facility or site, may credit on
26 the return required in section 39-4428, Idaho Code, and in the fee remitted,
27 an amount equal to the actual cost charged by such owner or operator per gate
28 ton or fraction thereof for the characterization, collection, identification,
29 transportation, treatment, storage and disposal of wastes at such facility or
30 site.
31 SECTION 2. An emergency existing therefor, which emergency is hereby
32 declared to exist, this act shall be in full force and effect on and after its
33 passage and approval.
STATEMENT OF PURPOSE
RS 13776C1
Idaho's Hazardous Waste Management Act imposes a fee on
every ton of hazardous waste treated and disposed of at a
commercial hazardous waste facility. There are two hazardous
waste facilities in the northwestern U.S., one located in Grand
View, Idaho and a competing facility located near Arlington,
Oregon. During last year's session, the Oregon legislature
reduced several components of that state's fee structure. To
allow Idaho's facility to maintain fee parity and remain
competitive with the facility located in Oregon, this legislation
adjusts Idaho's fees to a level identical to Oregon's fees. The
fee decrease provided by this bill will allow Idaho's facility to
bid competitively on waste clean-ups it would otherwise lose to
the Oregon facility due to the lower Oregon fee. This
legislation is intended to provide that the gross fees collected
in Idaho will at least remain constant.
FISCAL IMPACT
In calendar year 2001, $1,275,924 in fees were collected at
US Ecology's Grand View facility. In calendar years 2002 and
2003, $1,379,653 and $2,005,000 in fees were collected,
respectively. Ninety-five percent of the annual fees are
deposited in the General Account and 5% are provided to the
Owyhee County where the facility is located. Failure to enact
fee parity legislation is projected to result in some loss of
fees collected by the state of Idaho.
Contact
Name: Rep Dick Harwood
Phone: 208 332 1149
Roy Eiguren
US Ecology Idaho
338-1313
STATEMENT OF PURPOSE/FISCAL NOTE H 611