49-931. Hazardous waste fees; definitions

A. The following fees apply:

1. A person who generates hazardous waste that is shipped off site shall pay a fee for each ton of waste generated. After the effective date of this amendment to this section, the department shall establish by rule a fee for the generation of hazardous waste that is shipped off site, including a maximum fee. As part of the rule making process, there must be public notice and comment and a review of the rule by the joint legislative budget committee. After September 30, 2013, the department shall not increase that fee by rule without specific statutory authority for the increase. Hazardous waste that is shipped off site to a facility that is in this state and that is owned or operated by the same person who generates the waste is exempt from the fees in this paragraph.

2. An owner or operator of a facility that disposes of hazardous waste shall pay a fee for each ton of waste disposed. After the effective date of this amendment to this section, the department shall establish by rule a fee for an owner or operator of a facility that disposes of hazardous waste, including a maximum fee. As part of the rule making process, there must be public notice and comment and a review of the rule by the joint legislative budget committee. After September 30, 2013, the department shall not increase that fee by rule without specific statutory authority for the increase. Hazardous waste that is disposed at a facility that is owned or operated by the same person who generates the waste is exempt from the fee in this paragraph.

3. A person who generates hazardous waste that is retained on site for disposal or that is shipped off site for disposal to a facility that is owned or operated by that generator shall pay a fee for each ton of hazardous waste delivered to the disposal facility. After the effective date of this amendment to this section, the department shall establish by rule a fee for each ton of hazardous waste delivered to the disposal facility, including a maximum fee. As part of the rule making process, there must be public notice and comment and a review of the rule by the joint legislative budget committee. After September 30, 2013, the department shall not increase that fee by rule without specific statutory authority for the increase.

4. Until July 1, 2012, in lieu of the fees prescribed in paragraphs 1 and 3 of this subsection, a person who generates hazardous waste and who complies with the pollution prevention planning requirements of article 4 of this chapter shall pay one-half of the prescribed fee for each ton of hazardous waste. In lieu of the fees prescribed in paragraph 2 of this subsection, an owner or operator of a facility that receives hazardous waste from a person who complies with the pollution prevention planning requirements of article 4 of this chapter shall collect and pay one-half of the prescribed fee for each ton of hazardous waste received. These reduced fees apply only if the person submits written certification of that compliance. This certificate of compliance shall be submitted with the manifest that accompanies the hazardous waste transported off site for disposal and shall accompany the copy of the manifest that is filed by the generator with the department.

B. Each operator or person who is required to pay a fee as prescribed by this section shall make the fee payment as determined by the department.

C. The department shall collect all fees due under this section and shall deposit, pursuant to sections 35-146 and 35-147, those fees in the hazardous waste management fund established in section 49-927. Each fee payment shall be accompanied by a form furnished by the department and completed by the operator or person. The form shall state the total volume or weight of hazardous waste generated or disposed at that facility during the payment period and shall provide any other information deemed necessary by the department. The operator or person shall sign the form.

D. If an operator or person fails to pay the fee prescribed by this section, the operator or person is additionally liable for interest on the unpaid amount at the rate prescribed by section 44-1201.

E. State agencies, including state universities, are not exempt from the fees prescribed by this section.

F. For the purposes of this section:

1. " Generates" means the act or process of producing hazardous waste and includes importing hazardous waste into this state for disposal.

2. " Off site" means any transportation that is not on site as defined in section 49-851.

3. " Person" means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, association, state, municipality, commission, political subdivision of this state, interstate body or federal facility.