N.Y. Comp. Codes R. & Regs. tit. 6 § 483.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 483.1 - Who must pay and how much

(a) Generator fees. Each generator must annually submit to the department a hazardous waste program fee which is determined as follows:

(1) $1,000 for generators of equal to or greater than 15 tons per year and less than or equal to 100 tons per year of hazardous waste.

(2) $6,000 for generators of greater than 100 tons per year and less than or equal to 500 tons per year of hazardous waste.

(3) $20,000 for generators of greater than 500 tons per year and less than or equal to 1,000 tons per year of hazardous waste.

(4) $40,000 for generators of greater than 1,000 tons per year of hazardous waste.

(5) $3,000 for generators of equal to or greater than 15 tons per year of hazardous wastewater, payable in addition to fees for hazardous wastes other than wastewater, as specified in paragraphs (1)-(4) of this subdivision.

(b) Treatment, storage or disposal facility fees. Each operator required to obtain a permit or certificate for the treatment, storage or disposal of hazardous waste pursuant to title 9 of article 27 of the ECL must submit to the department a hazardous waste program fee determined as follows.

(1) For all methods of hazardous waste treatment, storage or disposal:

(i) $12,000 for each TSDF that receives less than or equal to 1,000 tons per year of hazardous waste;

(ii) $30,000 for each TSDF that receives greater than 1,000 tons per year of hazardous waste;

(iii) A TSDF that receives no waste in a particular year is still subject to a $12,000 fee under section 483.1(b)(1)(i) of this Part;

(iv) the amount of waste managed exclusively in a pretreatment wastewater treatment unit as defined in these regulations and not managed in any other unit as defined in these regulations and not managed in any other unit required to obtain a permit or certificate pursuant to title 9 of article 27 of the ECL shall not be included in the total amount of waste on which the fee is determined under this paragraph;

(v) as used in this subparagraph, the amount of waste that a TSDF receives is the amount of waste first generated by the facility operator on land contiguous to the TSDF and managed in one or more units required to obtain permits or certificates pursuant to title 9 of article 27 of the ECL, plus the amount of wastes received from off-site generators and managed in one or more units required to obtain a permit pursuant to title 9 of article 27 of the ECL; or

(vi) an amount of waste that is managed through several treatment, storage or disposal units will be considered only once in determining the amount of waste received by a TSDF.

(2) In addition to the hazardous waste program fee determined pursuant to paragraph (1) of this subdivision, the facility operator must submit for each TSDF for which a permit pursuant to title 9 of article 27 of the ECL is required:

(i) $200,000 for each TSDF which operates one or more landfills that receive hazardous waste, except that such fee is $100,000 if that TSDF is used exclusively by the facility operator or owner to dispose of its own generated hazardous waste;

(ii) $10,000 for each incinerator which is located at the facility operator's hazardous waste treatment, storage or disposal facility;

(iii) $10,000 for each unit which burns listed hazardous waste for energy recovery located at the facility operator's hazardous waste treatment, storage or disposal facility;

(iv) $24,000 for each TSDF which provides for the treatment, storage or disposal of hazardous waste in one or more surface impoundments; and

(v) $3,000 for all facility operators required to obtain a permit, certificate or approval for the post-closure care period. The post-closure care period begins upon approval of certification of closure of the last hazardous waste unit at a facility, and ends upon certification of completion of post-closure care.

(c) A person may be liable for both generator fees and treatment, storage or disposal facility fees depending upon the activities engaged in.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 483.1