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H0105.................................by ENVIRONMENT, ENERGY AND TECHNOLOGY MANIFESTED WASTE - Amends and adds to existing law relating to hazardous waste management to revise disposal requirements for certain manifested waste; to impose specified fees relating to state manifested waste disposed of in a certain manner; and to provide for the Solid Waste Facility Grand Fund. 02/03 House intro - 1st rdg - to printing 02/04 Rpt prt - to Env
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 105 BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE 1 AN ACT 2 RELATING TO HAZARDOUS WASTE MANAGEMENT; AMENDING SECTION 39-4424, IDAHO CODE, 3 TO REVISE DISPOSAL REQUIREMENTS FOR CERTAIN MANIFESTED WASTES AND TO MAKE 4 A GRAMMATICAL CORRECTION; AMENDING SECTION 39-4427, IDAHO CODE, TO IMPOSE 5 SPECIFIED FEES RELATING TO STATE MANIFESTED WASTE DISPOSED OF IN A CERTAIN 6 MANNER; AMENDING CHAPTER 44, TITLE 39, IDAHO CODE, BY THE ADDITION OF A 7 NEW SECTION 39-4433, IDAHO CODE, TO PROVIDE FOR THE SOLID WASTE FACILITY 8 GRANT FUND AND TO PROVIDE FOR THE DEPOSIT OF CERTAIN MONEYS AND FEES INTO 9 THE GENERAL FUND; AND PROVIDING A SUNSET CLAUSE. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 39-4424, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 39-4424. DISPOSAL OF MANIFESTED WASTE. Manifested waste, as that term is 14 defined in section 39-4403, Idaho Code, shall onlybe treated, stored or dis- 15 posed of in this state only at a permitted hazardous waste treatment, storage 16 or disposal facility unless the burning of such manifested waste to produce 17 heat is otherwise lawful. Provided however, wastes that are required to be 18 manifested in another state that would not be required to be manifested in the 19 state of Idaho may be disposed of at a commercially-licensed RCRA subtitle D 20 landfill with prior approval of the department based upon a finding that such 21 waste or category of waste meets the criteria for disposal in a RCRA subtitle 22 D landfill. 23 SECTION 2. That Section 39-4427, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 39-4427. COMMERCIAL DISPOSAL FEES. (1) There is imposed on the owner or 26 operator of every commercial hazardous waste disposal facility or site permit- 27 ted under section 39-4409, Idaho Code, the lowest applicable fee for each ton 28 of waste or fraction thereof, as follows: 29 (a) Thirty dollars ($30.00) per gate ton or fraction thereof for all haz- 30 ardous wastes as defined by RCRA or section 39-4407, Idaho Code; 31 (b) Twenty-five dollars ($25.00) per gate ton or fraction thereof for all 32 manifested wastes not otherwise defined in this subsection; 33 (c) Two dollars ($2.00) per gate ton or fraction thereof for all mani- 34 fested remediation wastes not otherwise defined in this subsection; 35 (d) Twenty dollars ($20.00) per gate ton or fraction thereof for the 36 first two thousand five hundred (2,500) gate tons or less of wastes 37 received by a facility or site from the same site, property or hazardous 38 waste management unit if the wastes: (i) are PCBs regulated under Idaho or 39 federal law and are in concentrations greater than fifty (50) parts per 40 million; (ii) are hazardous debris; (iii) are hazardous wastes that become 41 subject to regulation solely as a result of a removal or remedial action 2 1 taken in response to environmental contamination; or (iv) are hazardous 2 wastes that result from corrective action or closure of a regulated or 3 nonregulated hazardous waste management unit; 4 (e) Ten dollars ($10.00) per gate ton or fraction thereof for all wastes 5 contained in paragraph (d) of this subsection, if the wastes are received 6 by the same facility or site and are from the same site, property or haz- 7 ardous waste management unit in an amount greater than two thousand five 8 hundred (2,500) gate tons up to twelve thousand five hundred (12,500) gate 9 tons; 10 (f) Five dollars ($5.00) per gate ton or fraction thereof for all wastes 11 contained in paragraph (d) of this subsection, if the wastes are received 12 by the same facility or site and are from the same site, property or haz- 13 ardous waste management unit in an amount greater than twelve thousand 14 five hundred (12,500) gate tons up to twenty-five thousand (25,000) gate 15 tons; 16 (g) Two dollars and fifty cents ($2.50) per gate ton or fraction thereof 17 for all wastes contained in paragraph (d) of this subsection, if the 18 wastes are received by the same facility or site and are from the same 19 site, property or hazardous waste management unit in an amount greater 20 than twenty-five thousand (25,000) gate tons; 21 (h) Five dollars ($5.00) per gate ton or fraction thereof for all hazard- 22 ous wastes that: (i) are delisted or treated so that the wastes are no 23 longer hazardous wastes; or (ii) are nonhazardous radiologically contami- 24 nated wastes including materials from the "Formerly Utilized Sites Reme- 25 dial Action Program (FUSRAP)" sites administered by the government of the 26 United States; or (iii) are PCBs in concentrations less than fifty (50) 27 parts per million and not otherwise regulated by Idaho or federal law; or 28 (iv) are wastes not otherwise defined in this subsection. 29 (2) There is imposed on the owner or operator of every commercial solid 30 waste disposal facility or site permitted under chapter 74, title 39, Idaho 31 Code, a fee of two dollars ($2.00) per gate ton or fraction thereof for all 32 state manifested waste as defined in section 39-4403, Idaho Code, which is 33 disposed of in a RCRA subtitle D landfill pursuant to the provisions of sec- 34 tion 39-4424, Idaho Code. 35 (3) The fees set forth in subsection (1) of this section shall not apply 36 to any of the following types of wastes: 37 (a) Wastes generated or disposed of by a public agency or other person 38 operating a household hazardous waste collection program; 39 (b) Wastes generated or disposed of by any agency of the state of Idaho. 40 Any waste for which the fees are waived under the provisions of this sec- 41 tion must be noted as fee-waived waste on the return required in section 42 39-4428, Idaho Code, and is subject to all audit provisions of section 43 39-4429, Idaho Code. 44 ( 34) For wastes disposed of by any agency of the state of Idaho at any 45 commercial hazardous waste disposal facility or site permitted under section 46 39-4409, Idaho Code, the director, pursuant to a written agreement with the 47 director, the owner or operator of any such facility or site, may credit on 48 the return required in section 39-4428, Idaho Code, and in the fee remitted, 49 an amount equal to the actual cost charged by such owner or operator per gate 50 ton or fraction thereof for the characterization, collection, identification, 51 transportation, treatment, storage and disposal of wastes at such facility or 52 site. 53 SECTION 3. That Chapter 44, Title 39, Idaho Code, be, and the same is 54 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 3 1 ignated as Section 39-4433, Idaho Code, and to read as follows: 2 39-4433. SOLID WASTE FACILITY GRANT FUND. (1) There is hereby estab- 3 lished, within the agency asset fund in the state treasury, a fund to be known 4 as the solid waste facility grant fund. Moneys in the fund shall consist of: 5 (a) Moneys collected as fees pursuant to subsection (2) of section 6 39-4427, Idaho Code; 7 (b) All donations and grants from any source which may be used for the 8 provisions of this section; 9 (c) Any other moneys which may hereafter be provided by law. 10 (2) Moneys in the fund may be used by the director for the following pur- 11 poses: 12 (a) The department's costs incurred for the review and approval of dis- 13 posal of state manifested wastes in a commercially licensed subtitle D 14 landfill pursuant to section 39-4424, Idaho Code; 15 (b) Grants to counties or local units of government in need of assistance 16 to bring municipal solid waste landfills into compliance with the require- 17 ments of chapter 74, title 39, Idaho Code. The grants shall be based upon 18 an evaluation of environmental benefit of the proposed projects and the 19 financial need of the county or local unit of government. 20 (3) The board may promulgate rules for the withdrawal and use of the 21 moneys from the fund as specified in subsection (2) of this section. 22 (4) All moneys placed in the fund are hereby perpetually appropriated to 23 the department for the purposes described in subsection (2) of this section. 24 All expenditures from the fund shall be paid out in warrants drawn by the 25 state controller upon presentation of the proper vouchers. 26 (5) Pending use, surplus moneys in the solid waste facility grant fund 27 shall be invested by the state treasurer in the same manner as provided for 28 idle state moneys in the state treasury pursuant to section 67-1210, Idaho 29 Code. Interest earned on all such investments shall be paid into the solid 30 waste facility grant fund. 31 (6) All moneys remaining in the solid waste facility grant fund on July 32 1, 2015, shall be distributed to the general fund. Beginning July 1, 2015, all 33 moneys collected as fees pursuant to subsection (2) of section 39-4427, Idaho 34 Code, shall be deposited in the general fund. 35 SECTION 4. The provisions of Section 3 of this act shall be null, void 36 and of no force and effect on and after July 2, 2015.
STATEMENT OF PURPOSE RS 14722 There are certain solid wastes, such as oil contaminated soils, which require manifesting in some states but which are not excluded from disposal in Idaho solid waste facilities which are regulated under Title 39 Chapter 74 Idaho Code. Commercial solid waste management facilities are unable to accept certain types of waste from states which require manifests as it does from Idaho and several other states that do not have manifesting requirements. The language proposed removes the requirement that manifested wastes be handled only in hazardous waste management facilities but requires a review of the manifest by the Department of Environmental Quality before the waste or class of waste is allowed into a RCRA Subtitle D (i.e., licensed solid waste disposal) facility. A $2.00 fee is imposed upon the commercial facility to cover the department's additional costs in reviewing applications to receive "manifested" wastes and provide a grant program for counties and other units of local government to bring existing landfills into compliance. FISCAL NOTE The fiscal impact to the General Fund will be a positive income of approximately $500,000.00 Contact Name: Representative Jim Clark Senator Michael Jorgenson Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 105