Rule 391-3-19-.03 - Hazardous Waste Management and Hazardous Substance Reporting Fees(1)Exclusions. Hazardous waste generated by the following is exempted from the hazardous waste management fees required by this section: (a) Conditionally exempt small quantity generators;(b) Corrective action required by an order, permit, or approved closure plan issued pursuant to the Georgia Hazardous Waste Management Act, O.C.G.A. § 12-8-60et seq., as amended;(c) Corrective action required by an order of the Director pursuant to the Hazardous Site Response Act, O.C.G.A. § 12-8-90et seq., as amended; and(d) Response actions required under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.(2)Fees for off-site management of hazardous wastes. The requirements of this subsection are applicable to generators that ship self-generated hazardous waste for off site management. (a) For the purpose of determining the tonnage of hazardous waste shipped for off-site management to which the fees of this subsection apply, the generator shall use the amount recorded on the manifest accompanying each hazardous waste shipment expressed in tons. These amounts shall be measured by methods that provide an accurate and precise measurement of the weight in tons of each shipment received by the final receiving facility. 1. Small quantity generators. Each small quantity generator shall pay an annual fee to the Division of $115.00. Small quantity generators are not subject to any other provisions of this section regarding hazardous waste management fees; they may, however, be subject to the provisions regarding hazardous substance reporting fees.2. Receiving facilities that are large quantity generators. Receiving facilities that are large quantity generators are subject to the requirements of this subsection only with respect to self-generated hazardous wastes.3. Large quantity generators. Each large quantity generator shall pay an annual fee to the Division as provided for in O.C.G.A. § 12-8-95.1(a). (i) Determination of applicable fee. Each large quantity generator shall determine which off-site management fee as provided for in O.C.G.A. § 12-8-95.1(a)(1) is applicable for each ton of hazardous waste which has been shipped for off-site management based upon the method of off site management that waste undergoes at the final receiving facility. When a large quantity generator ships a ton of hazardous waste for off-site management and pays the applicable fee of this subsection, that large quantity generator shall not pay any additional fees for any further off-site management of that hazardous waste. For each ton of hazardous waste shipped for off-site management, each large quantity generator shall pay the applicable fee of this subsection for the calendar year in which such shipment for off-site management occurred.(3)Fees for on-site management of hazardous wastes. The requirements of this subsection are applicable to large quantity generators whose self-generated wastes undergo on-site management and which are not ultimately shipped for off-site management. For each ton of hazardous waste that undergoes on-site management and which is not ultimately shipped for off-site management, each large quantity generator shall pay to the Division per calendar year the applicable fee as provided for in O.C.G.A. § 12-8-95.1(a)(2). When a ton of hazardous waste undergoes more than one form of on site management the large quantity generator shall determine which fee in this subsection is applicable based upon the final method of on-site management that waste undergoes. For each ton of hazardous waste which undergoes on-site management and which is ultimately shipped for off-site management, the large quantity generator shall not pay the applicable on-site management fee of this subsection but shall instead pay the applicable off-site management fee as required by subsection 391-3-19-.03(2). For the purpose of determining the tonnage of hazardous waste managed on-site, each large quantity generator shall employ direct measurement or other techniques that provide a precise and accurate determination of the tonnage of hazardous waste undergoing on-site management. Each large quantity generator shall pay the applicable fee of this subsection for the on-site management of that hazardous waste for the calendar year in which such on-site management occurred. (a) For the purposes of this subsection, a generator who generates wastewater that is a hazardous waste shall not be required to count said wastewater in determining its generator status. However, if a generator determines that it is a large quantity generator, even without counting its hazardous waste wastewater, the generator shall pay the applicable fees on those wastewaters. For the purposes of this section, dilution of wastewater that is a hazardous waste shall be considered to be treatment and subject to the fees applicable to treated or stored hazardous waste.(4)Fees for hazardous waste received from out-of-state generators. The requirements of this subsection are applicable to receiving facilities that receive hazardous waste from an out-of-state generator. For each ton of hazardous waste received by a receiving facility from an out-of-state generator, the receiving facility shall pay to the Division the applicable fee as provided for in O.C.G.A. § 12-8-95.1(a)(3). (a) For the purpose of determining the tonnage of hazardous waste received to which the fees of this section apply, the receiving facility shall use the amount recorded on the manifest accompanying each hazardous waste shipment expressed in tons. These amounts shall be measured by methods that provide an accurate and precise measurement of the weight in tons of each shipment received by the receiving facility.(b) Each receiving facility shall determine which fee in this subsection is applicable for each ton of hazardous waste received from an out-of-state generator based upon the method of management that waste undergoes at the final receiving facility. When a receiving facility receives a ton of hazardous waste from an out-of-state generator and pays the applicable fee in this subsection that receiving facility shall not pay the off-site management fee in subsection 391-3-19-.03(2). For each ton of hazardous waste received by a receiving facility from an out-of-state generator, the receiving facility shall pay to the Division the applicable fee of this subsection for the calendar year in which such waste was received.(5)Fees for hazardous substance reporting. The requirements of this subsection are applicable to each person required to report pursuant to Section 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 (SARA), with the exception of persons specified in 391-3-19-.03(5)(c). (a) Each person required to report pursuant to Section 313 of Title III of SARA shall pay O.C.G.A. § 12-8-95.1(a)(4), for each reporting facility with such payments being due to the Division not later than July 1 of the following year.(b) All hazardous substance reporting fees due on July 1 of each year shall be based on the hazardous substances reported for the preceding calendar year on US EPA Toxic Chemical Release Inventory Form R and/or Form A, or any other such document as may hereafter be designed, prescribed or required by the US EPA for reporting pursuant to Section 313 of Title III of SARA. In order to calculate the fee required by this section, the total of all releases listed on all such Forms or documents submitted by the same facility for the preceding calendar year shall be used. Any item for which reporting is required on said Forms or documents and which meets the definition of a release as defined by this Chapter shall be counted towards the total of all releases, except those items specifically excluded by this section.(c) Persons who report pursuant to Section 313 of Title III of SARA shall not be required to pay the hazardous substance reporting fees required by this section for the following facilities: 1. Facilities which report only for substances not defined as regulated substances under Rule 391-3-19-.02; and2. Facilities which report only for petroleum fuels, lubricants, and hydraulic fluids and components thereof that are defined as regulated substances under Rule 391-3-19-.02.(6)Partial waivers of hazardous waste management and hazardous substance reporting fees.(a) The Director may, in his sole discretion, upon receipt of a request for a partial waiver, grant a waiver of up to 25% of the hazardous waste management and hazardous substance reporting fees required by this section which are owed by a facility for the prior calendar year. In deciding whether to grant a waiver to persons who are large quantity generators of hazardous waste or who are required to report releases pursuant to Section 313 of SARA Title III, the Director may consider whether the facility has reduced the amount of hazardous waste generated or the amount of releases reported pursuant to Section 313 of SARA Title III.(b) No waiver shall be granted to any facility which is in violation of any Act, Rule, regulation, permit, or order subject to the enforcement authority of EPD.(c) No facility which owes delinquent hazardous waste management or hazardous substance reporting fees shall be granted a waiver.(d) No facility shall be granted a waiver of fees for more than three years.(7)Payment of hazardous waste management and hazardous substance reporting fees.(a) Payment due date. All hazardous waste management fees required by this section shall be paid to the Division not later than July 1 following the calendar year in which they were managed on site, shipped for off-site management or received from an out-of-state generator. All hazardous substance reporting fees shall be paid to the Division not later than July 1 following the year for which a report is filed. Persons who make payments of fees required by this section later than thirty (30) days after the due date specified in this subsection shall pay a penalty of fifteen percent (15%) of the balance due and shall pay interest on the unpaid balance at the rate imposed by law for delinquent taxes due to the state.(b) Hazardous waste management fee record. The payment of hazardous waste management fees required by this section shall be accompanied by such forms and other supporting information as may be prescribed by the Director. Any large quantity generator or receiving facility required to pay a fee under this Section shall maintain a written hazardous waste management fee record of the total amount, in tons, of hazardous waste managed on-site, shipped for off-site management or received from an out-of-state generator during the calendar year. Completed Hazardous Waste Management Fee Records shall be submitted to the Hazardous Sites Response Program by no later than March 31 of each year. 1. The hazardous waste management fee record shall provide a description of the method used to measure the amount of hazardous waste that is of sufficient detail to demonstrate that such method provides an accurate and precise measurement.2. For hazardous waste shipped for off-site management or received from an out-of-state generator, the hazardous waste management fee record shall include the following information: (i) Manifest number for each shipment;(ii) Date of each shipment or receipt;(iii) Name and EPA identification number of the designated facility, final receiving facility and the generator for each shipment; and(iv) By EPA hazardous waste number and method of management at the designated facility and the final receiving facility (i.e., incineration or disposal, treatment or storage, burning for energy recovery, recycling or reuse), the tons of hazardous waste for each shipment and the total tons of hazardous waste for the calendar year.(c) Signatories to the hazardous waste management fee record. The hazardous waste management fee record shall be signed no later than March 31 of each year by the following: 1. For a corporation: By a responsible corporate officer. For the purpose of this section, a responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision making functions for the corporation, or the manager of one or more manufacturing, production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or2. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or3. For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes the chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of EPA); or4. By a duly authorized representative of that person. A person is a duly authorized representative only if the authorization is made in writing by a person described in this subsection and the authorization specifies either an individual or a position having responsibility for overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position).(d) Certification. Any person signing the hazardous waste management fee record required under this subsection shall make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
(e) Availability, retention, and disposition of the hazardous waste management fee record. Each large quantity generator and receiving facility shall keep a copy of the signed hazardous waste management fee record required by this subsection, including any supporting information used to complete the record, for a period of three years from the end of the calendar year for which the record was completed. The hazardous waste management fee record and all supporting information shall be furnished upon request, and made available at all reasonable times for inspection by any representative of the Division. The retention period for all records required under this subsection may be extended at the request of the Director and is extended automatically during the course of any proceedings initiated by the Director pursuant to this subsection.Ga. Comp. R. & Regs. R. 391-3-19-.03
O.C.G.A. Section 12-8-90 et seq.
Original Rule entitled "Hazardous Site Response" adopted. F. May 27, 1993; eff. June 16, 1993.Amended: Rule retitled "Hazardous Waste Management and Hazardous Substance Reporting Fees". F. Feb. 28, 1995; eff. Mar. 20, 1995.Amended: F. Aug. 6, 1999; eff. Aug. 26, 1999.Amended: F. Nov. 25, 2009; eff. Dec. 15, 2009.Amended: F. Sep. 24, 2014; eff. Oct. 14, 2014.