NY Env Conserv L § 72-0402 (2021)
2021 New York Laws ENV - Environmental Conservation Article 72 - Environmental Regulatory Program Fees Title 4 - Hazardous Waste Program Fee 72-0402 - Hazardous Waste Program Fees.

§ 72-0402. Hazardous waste program fees.   1.  a.  For  the  period  beginning January 1, 2010, all generators of equal to or greater than fifteen tons per year of hazardous waste  shall submit  annually  to  the  department a fee in the amount of one hundred thirty dollars per ton  of  hazardous  waste  generated  not  to  exceed $300,000,  except  not  to  exceed  $400,000 for those with greater than 4,000 tons generated and less than or equal to  10,000  tons  generated, and  not  to  exceed  $800,000  for  those with greater than 10,000 tons generated.   b. $3,000 for generators of equal to or greater than fifteen tons  per year  of hazardous wastewater, payable in addition to fees for hazardous wastes, other than wastewater,  as  required  by  paragraph  a  of  this subdivision.   c.  $6,000 for generators of equal to or greater than fifteen thousand tons per year of hazardous wastewater, payable in addition to  the  fees for  hazardous  wastes,  other  than  wastewater,  as  required  by this subdivision.   d. No fee shall be payable for waste resulting from services which are provided:  (i) under a contract with the department,  or  with  the  department's written  approval  and  in  compliance  with  department regulations, or pursuant to an order of the department, the United States  environmental protection  agency  or a court of competent jurisdiction, related to the cleanup or remediation of  a  hazardous  materials  or  hazardous  waste spill, discharge, or surficial cleanup, pursuant to this chapter; or  (ii)  under  a  contract for, or with the department's approval and in compliance with department regulations for, the cleanup and removal of a petroleum spill or discharge, pursuant to subdivision seven  of  section one hundred seventy-six of the navigation law; or  (iii)  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 section 27-1313 of this  chapter,  section  thirteen  hundred  eighty-nine-b  of the public health law, or the Comprehensive  Environmental  Response,  Compensation and Liability Act (42 U.S.C. 9601 et seq.); or  (iv)  voluntarily  and without expectation of monetary compensation in accordance with subdivision one of section 27-1321 of this chapter; or  (v) under permit or order  requiring  corrective  action  pursuant  to title  nine  of article twenty-seven of this chapter, title twenty-seven of article seventy-one of this chapter or the Resource Conservation  and Recovery Act (42 U.S.C. 6901 et seq.); or  (vi)  under  a  brownfield  site cleanup agreement with the department pursuant to section 27-1409 of this chapter or under a written agreement with a municipality which has entered into  a  memorandum  of  agreement with the department related to the remediation of brownfield sites as of August fifth, two thousand ten; or  (vii)  under  an  environmental  restoration  project state assistance contract with  the  department  pursuant  to  section  56-0503  of  this chapter.   e.  Notwithstanding  any other provision of this section, no fee shall be payable for the generation of universal wastes. For purposes of  this paragraph,  "universal  wastes"  shall  mean those defined and listed in regulations promulgated pursuant  to  this  title,  provided  that  such wastes  are regulated consistent with rules adopted by the administrator pursuant to RCRA for the management of universal wastes.   f. In any case where a generator either (i) recycles more than  ninety percent of the total tons of hazardous waste or more than ninety percent of the total tons of hazardous wastewater which it generated during that  calendar  year,  as certified to the commissioner, or (ii) recycles more than four thousand tons of hazardous waste or more  than  four  thousand tons  of  hazardous wastewater which it generated in that calendar year, as  certified  to  the  commissioner,  the  fee imposed pursuant to this section shall be calculated and imposed based upon  the  net  amount  of hazardous waste or the net amount of hazardous wastewater generated that is  not  recycled  in  that  calendar  year,  rather than upon the gross amounts of hazardous waste and hazardous wastewater  generated  in  such calendar year.   2.  All  facility operators required to obtain a permit or certificate for the treatment, storage or disposal of hazardous  waste  pursuant  to title nine of article twenty-seven of this chapter shall submit annually to the department a fee in an amount to be determined for all methods of hazardous waste treatment, storage or disposal as follows:   a.  $12,000  for each facility that receives less than or equal to one thousand tons per year of hazardous waste; and   b. $30,000 for each facility that receives greater than  one  thousand tons per year of hazardous waste.   In  addition,  the  fee  determined  pursuant  to  this  section shall include:  (i) $100,000 for each facility when the gross receipts  tax  is  below 3.3  million dollars per year; $200,000 for each facility when the gross receipts tax is between 3.3 million dollars per  year  and  4.4  million dollars per year; and $300,000 for each facility when the gross receipts tax  exceeds 4.4 million dollars per year for which a permit pursuant to title nine of article  twenty-seven  of  this  chapter  is  required  to operate  one  or  more  landfills  to  receive  hazardous  waste at such facility, except that such fee shall be $100,000  if  such  facility  is used  by  the  facility  operator or owner for the disposal of hazardous waste generated solely by such facility operator or owner; and  (ii) $10,000 for each incinerator as defined  in  section  72-0401  of this title which is and each unit which burns listed hazardous waste for energy  recovery  located  at  the  facility  operator's hazardous waste treatment, storage or disposal facility; and  (iii) $10,000 for each unit which burns  listed  hazardous  waste  for energy  recovery  at  the facility operator's hazardous waste treatment, storage or disposal facility; and  (iv) $24,000 for each  facility  which  provides  for  the  treatment, storage   or  disposal  of  hazardous  waste  in  one  or  more  surface impoundments.   3. All facility operators required to obtain a permit, certificate  or approval  for  the  post-closure  care  period pursuant to title nine of article twenty-seven of  this  chapter  shall  submit  annually  to  the department  a fee in the amount of $3,000 for each such closed hazardous waste management facility.   4. Bills issued for annual hazardous waste program fees shall be based upon actual hazardous waste generated for the prior  calendar  year,  as demonstrated  to the department's satisfaction. During the first year of implementation of this subdivision, bills will be based on  the  average quantity  of  hazardous  waste generated for the previous three calendar years.