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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 only be 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