§ 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.