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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 yearfrom the same initial23 generatorsite, 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 generatorsite, 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 yearup 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