49-863

49-863. Special waste management fee;
exemption

A. The director shall collect the fee established by section 49-855, subsection C
from the special waste treatment, storage or disposal facility that first receives the
waste. Any government entity that is required to collect a fee pursuant to this section
may establish fees to recover the costs of collection and administration.

B. A generator who ships special waste for purposes of treatment, storage or
disposal to a facility in this state that is not regulated by the department shall retain
for three years accurate records of the special waste transported to a facility and shall
pay a fee to the department at the same rate and in the same manner as provided in
subsection A of this section.

C. Each operator or person who is required to pay a special waste management fee
shall make the fee payment as determined by the department.

D. Each fee payment shall be accompanied by a form furnished by the department and
completed by the operator. The form shall state the total volume or weight of the
special waste transported to or disposed at that facility during the payment period and
shall provide any other information deemed necessary by the department. The operator
shall sign the form.

E. If an operator or person fails to pay the fee as provided in subsection C of
this section, that operator or person is additionally liable for interest on the unpaid
amount at a rate prescribed by section 49-113.

F. Monies collected pursuant to this section shall be deposited in the solid waste
fee fund established pursuant to section 49-881.

G. A generator who ships special waste for purposes of treatment, recycling,
storage or disposal from a facility that is managed or operated by that generator to
another facility that is managed or operated by that generator is exempt from the fee
collected pursuant to this section.

H. A generator who treats, recycles, stores or disposes of special waste on site at
a facility that is managed or operated by the generator is exempt from the fee collected
pursuant to this section.

I. State agencies, including state universities, are not exempt from the fees
prescribed in this section.