340-102-0065 Hazardous Waste Generator Fees (1)(a) A person must pay an annual hazardous waste generation fee if that person: (A) Generates more than 100 kilograms (220 pounds) of hazardous waste in any calendar month, or (B) Generates more than 1 kilogram (2.2 pounds) of acutely hazardous waste in any calendar month, or (C) Accumulates more than 1,000 kilograms (2,200 pounds) of hazardous waste at any time in a calendar year. (b) The Department will assess fees annually for hazardous waste management activities conducted in the previous year. (2)(a) The Department will assess a late charge equal to ten percent of the fee due if the Department does not receive the fees by the due date on the invoice. (b) The Department will assess an additional late charge of ten percent of the unpaid amount for each 30 days that the invoice remains unpaid. (c) The Department will not assess any additional late charges after 90 days. However, the Department may take whatever action it determines necessary to collect the outstanding amount. This may include, but is not limited to, referring such invoices to the Department of Revenue for collection or collecting in Small Claims Court. The Department will increase accounts referred to the Department of Revenue for collection or collected in Small Claims Court by 20 percent of the unpaid amount or $100, whichever is greater, to recover a portion of the costs for referral or collection. (3)(a) ORS 466.165 sets the base hazardous waste generation fee. (b) In order to determine annual hazardous waste generation fees, the Department may use generator reports required by OAR 340-102-0041, facility reports required by OAR 340-104-0075, information derived from manifests required by 40 C.F.R. Section 262.20, and any other relevant information. (c) Unless density information is reported, the Department will use the following conversion factors: one metric ton = 1,000 kilograms = 2,205 pounds = 1.10 short tons = 1.31 cubic yards = 264.23 gallons = 4.80 drums (55 gallon). (d) The Department will calculate each person's hazardous waste generation fee by multiplying the base fee by the weight of each hazardous waste stream and by the fee factors listed in Table 1 for the management method the person reports in the annual generation report (OAR 340-102-0041). (4) As of July 19, 2019, and January 1 every year after that date, each hazardous waste generator, as defined in subsection 1(a), must pay an annual hazardous waste activity verification fee. This fee is in addition to the annual hazardous waste generation fee. Table 2 sets the amount of the fee. The fee is due when the Department bills for that fee. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 466.165 & 468.020 Statutes/Other Implemented: ORS 466.165 History: DEQ 17-2019, amend filed 07/18/2019, effective 07/19/2019 DEQ 5-2015, f. & cert. ef. 4-15-15 DEQ 2-2009, f. & cert. ef. 6-25-09 DEQ 8-2005, f. & cert. ef. 7-14-05 DEQ 11-1998, f. & cert. ef. 6-26-98 DEQ 14-1997, f. & cert. ef. 7-23-97 DEQ 2-1994, f. & cert. ef. 2-2-94 DEQ 11-1992, f. & cert. ef. 6-9-92 DEQ 13-1991, f. & cert. ef. 8-5-91 DEQ 33-1989, f. & cert. ef. 12-14-89 DEQ 19-1989(Temp), f. & cert. ef. 7-31-89 (and corrected 8-3-89) DEQ 11-1988, f. & cert. ef. 5-19-88 DEQ 14-1987, f. & ef. 7-28-87 DEQ 8-1985, f. & ef. 7-25-85