49-930. Annual registration of hazardous waste resource recovery facilities; fee; maximum annual payment of fees and taxes; disposition of revenue; definitions

A. All hazardous waste resource recovery facilities shall register annually with the department at the time and in the manner prescribed by the director. The registration is valid for one year from the date of registration.

B. The application for registration shall be accompanied by a registration fee of one thousand five hundred dollars plus two dollars per ton of hazardous waste received for resource recovery during the preceding calendar year, except that a person engaging in hazardous waste resource recovery is not required to pay fees and taxes listed in section 49-282, subsection A, paragraphs 2 through 9 in excess of the lesser of:

1. Ten thousand dollars in a calendar year per individual hazardous waste resource recovery site.

2. Twenty-five thousand dollars in a calendar year per hazardous waste resource recovery entity.

C. A person who pays such fees and taxes for hazardous waste resource recovery facilities in the amount specified in subsection B of this section may submit evidence of such payment to the appropriate entity in lieu of paying additional fees and taxes for that calendar year for hazardous waste resource recovery facilities.

D. If a hazardous waste resource recovery facility is owned or operated by more than one person, the payment of fees or the compliance with this section for the facility by one person constitutes compliance by all other owners and operators.

E. All monies collected under this section shall be deposited in the water quality assurance revolving fund established by section 49-282. The director may authorize expenditures from the fund, pursuant to section 49-282, subsection E, to pay the reasonable and necessary costs of administering the registration program.

F. For purposes of this section:

1. " Hazardous waste resource recovery entity" means a person who owns or operates more than one individual hazardous waste resource recovery site in this state.

2. " Hazardous waste resource recovery facility" means a facility that receives for recovery of material resources fifty or more tons per year of hazardous waste generated by a facility owned by a person other than the owner of the facility receiving the hazardous waste for recovery of material resources.

3. " Individual hazardous waste resource recovery site" means a hazardous waste resource recovery facility or group of hazardous waste resource recovery facilities located in a contiguous geographical area and owned or operated by the same person.