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Part 483: Hazardous Waste Program Fees

[Effective October 1983]

[Amended June 1991]

[page 1 of 1]

Contents:

Sec.

§483.1 Who must pay and how much.

(a) Generator fees. Each generator must annually submit to the department a hazardous waste program fee which is determined as follows:

(1) $1,000 for generators of equal to or greater than 15 tons per year and less than or equal to 100 tons per year of hazardous waste.

(2) $6,000 for generators of greater than 100 tons per year and less than or equal to 500 tons per year of hazardous waste.

(3) $20,000 for generators of greater than 500 tons per year and less than or equal to 1,000 tons per year of hazardous waste.

(4) $40,000 for generators of greater than 1,000 tons per year of hazardous waste.

(5) $3,000 for generators of equal to or greater than 15 tons per year of hazardous wastewater, payable in addition to fees for hazardous wastes other than wastewater, as specified in paragraphs (1)-(4) of this subdivision.

(b) Treatment, storage or disposal facility fees. Each operator required to obtain a permit or certificate for the treatment, storage or disposal of hazardous waste pursuant to title 9 of article 27 of the ECL must submit to the department a hazardous waste program fee determined as follows.

(1) For all methods of hazardous waste treatment, storage or disposal:

(i) $12,000 for each TSDF that receives less than or equal to 1,000 tons per year of hazardous waste;

(ii) $30,000 for each TSDF that receives greater than 1,000 tons per year of hazardous waste;

(iii) A TSDF that receives no waste in a particular year is still subject to a $12,000 fee under section 483.1(b)(1)(i) of this Part;

(iv) the amount of waste managed exclusively in a pretreatment wastewater treatment unit as defined in these regulations and not managed in any other unit as defined in these regulations and not managed in any other unit required to obtain a permit or certificate pursuant to title 9 of article 27 of the ECL shall not be included in the total amount of waste on which the fee is determined under this paragraph;

(v) as used in this subparagraph, the amount of waste that a TSDF receives is the amount of waste first generated by the facility operator on land contiguous to the TSDF and managed in one or more units required to obtain permits or certificates pursuant to title 9 of article 27 of the ECL, plus the amount of wastes received from off-site generators and managed in one or more units required to obtain a permit pursuant to title 9 of article 27 of the ECL; or

(vi) an amount of waste that is managed through several treatment, storage or disposal units will be considered only once in determining the amount of waste received by a TSDF.

(2) In addition to the hazardous waste program fee determined pursuant to paragraph (1) of this subdivision, the facility operator must submit for each TSDF for which a permit pursuant to title 9 of article 27 of the ECL is required:

(i) $200,000 for each TSDF which operates one or more landfills that receive hazardous waste, except that such fee is $100,000 if that TSDF is used exclusively by the facility operator or owner to dispose of its own generated hazardous waste;

(ii) $10,000 for each incinerator which is located at the facility operator's hazardous waste treatment, storage or disposal facility;

(iii) $10,000 for each unit which burns listed hazardous waste for energy recovery located at the facility operator's hazardous waste treatment, storage or disposal facility;

(iv) $24,000 for each TSDF which provides for the treatment, storage or disposal of hazardous waste in one or more surface impoundments; and

(v) $3,000 for all facility operators required to obtain a permit, certificate or approval for the post-closure care period. The post-closure care period begins upon approval of certification of closure of the last hazardous waste unit at a facility, and ends upon certification of completion of post-closure care.

(c) A person may be liable for both generator fees and treatment, storage or disposal facility fees depending upon the activities engaged in.

§483.2 What the department reviews to determine the hazardous waste program fee.

(a) Generators of hazardous waste. In determining the estimated annual program fee for generators, the department will rely upon the annual reports and manifest data required to be filed by generators pursuant to title 9 of article 27 of the ECL. Unless a generator provides a density to the contrary, the assumed density for manifested shipments will be 8.3 pounds per gallon and 0.85 ton per cubic yard. Nothing in this section shall prevent the department from estimating the annual program fee from any other sources, especially when the department has reasonable cause to believe the generator has not complied with the reporting requirements of the ECL, its regulations or permits.

(b) Treatment, storage or disposal facilities.

(1) In determining the estimated annual program fee for existing treatment, storage or disposal facilities, the department will rely upon the annual reports required to be filed by TSDF's pursuant to title 9 of article 27 of the ECL.

(2) In determining the annual program fee for new treatment, storage or disposal facilities, the department will rely upon the plan of operation filed with its complete permit application pursuant to title 9 of article 28 of the ECL.

§483.3 Redetermination of hazardous waste program fees.

(a) The annual program fee determined for the current calendar year is an estimated fee based upon the fee determined for the preceding calendar year. Once the current calendar year ends on December 31st, it may be necessary for the department to redetermine the fee based upon whether the actual amounts of hazardous waste generated or received by each regulated entity were overestimated or underestimated.

(b) A person having to pay an annual program fee may request that the annual program fee for that calendar year be redetermined based upon the actual volume of hazardous waste generated or received during that calendar year. This request must be made under the provisions of section 481.9 of this Title, except that time limits are extended as provided in section 481.4 of this Title.

(c) The department may change a program fee for a calendar year at any time during that calendar year or within the next three calendar years.

(d) If a person wants to challenge the correctness of the department's change, that person must follow the procedures set forth in section 481.9 of this Title.

(e) If the department finds that the person overpaid an annual program fee due for that calendar year, the department will refund or credit the amount of that overpayment.

§483.4 Fees related to cleanup, remediation, or corrective action.

No generator fee shall be payable for waste resulting from services which are provided:

(a) under a contract with the department, or with the department's approval and in compliance with department regulations, or pursuant to an order of the department, the United States Environmental Protection Agency or a court, related to the cleanup or remediation of a hazardous material or hazardous waste spill, discharge, or surficial cleanup, pursuant to the Environmental Conservation Law, other than ECL section 27-1313, or a removal action pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601 et seq.); or

(b) under a contract for, or with the department's approval and in compliance with department regulations for, the cleanup and removal of petroleum spill or discharge, pursuant to subdivision seven of section 176 of the Navigation Law; or

(c) under the order of a court, the department or the Department of Health, or the United States Environmental Protection Agency related to an inactive hazardous waste disposal site pursuant to ECL section 27-1313, section 1389-b of the Public Health Law or the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601 et seq.); or

(d) voluntary and without expectation of monetary compensation in accordance with subdivision one of ECL section 27-1321; or

(e) under permit or order requiring corrective action pursuant to title nine of ECL article 27 or the Resource Conservation and Recovery Act

§483.5 Fee liability for delisted waste.

If a party has petitioned to exclude a waste produced, at a particular facility, pursuant to section 370.3(3) of this Title and if appropriate, 40 CFR 260.22, such a waste shall cease to be subject to hazardous waste generator fees or hazardous waste treatment, storage, or disposal facility fees, effective as of the date that final approval of the petition is granted by the commissioner. Notice of final approval will be published in the Environmental Notice Bulletin.