49-931

49-931. Hazardous waste fees;
definitions

A. Beginning January 1, 1992, the following fees apply:

1. Except as provided in paragraph 4 of this subsection, a person who generates
hazardous waste that is shipped off site shall pay ten dollars for each ton of waste
generated. Hazardous waste that is shipped off site to a facility that is in this state
and that is owned or operated by the same person who generates the waste is exempt from
the fees in this paragraph.

2. Except as provided in paragraph 4 of this subsection, an owner or operator of a
facility that disposes of hazardous waste shall pay forty dollars for each ton of waste
disposed. Hazardous waste that is disposed at a facility that is owned or operated by
the same person who generates the waste is exempt from the fee in this paragraph.

3. Except as provided in paragraph 4 of this subsection, a person who generates
hazardous waste that is retained on site for disposal or that is shipped off site for
disposal to a facility that is owned or operated by that generator shall pay four dollars
for each ton of hazardous waste delivered to the disposal facility.

4. In lieu of the fees prescribed in paragraphs 1 and 3 of this subsection, a
person who generates hazardous waste and who complies with the pollution prevention
planning requirements of article 4 of this chapter shall pay one-half of the prescribed
fee for each ton of hazardous waste. In lieu of the fees prescribed in paragraph 2 of
this subsection, an owner or operator of a facility that receives hazardous waste from a
person who complies with the pollution prevention planning requirements of article 4 of
this chapter shall collect and pay one-half of the prescribed fee for each ton of
hazardous waste received. These reduced fees apply only if the person submits written
certification of that compliance. This certificate of compliance shall be submitted with
the manifest that accompanies the hazardous waste transported off site for disposal and
shall accompany the copy of the manifest that is filed by the generator with the
department.

B. Each operator or person who is required to pay a fee as prescribed by this
section shall make the fee payment as determined by the department.

C. The department shall collect all fees due under this section and shall deposit,
pursuant to sections 35-146 and 35-147, those fees in the hazardous waste management fund
established in section 49-927. Each fee payment shall be accompanied by a form furnished
by the department and completed by the operator or person. The form shall state the
total volume or weight of hazardous waste generated or disposed at that facility during
the payment period and shall provide any other information deemed necessary by the
department. The operator or person shall sign the form.

D. If an operator or person fails to pay the fee prescribed by this section, the
operator or person is additionally liable for interest on the unpaid amount at the rate
prescribed by section 44-1201.

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

F. For purposes of this section:

1. "Generates" means the act or process of producing hazardous waste and includes
importing hazardous waste into this state for disposal.

2. "Off site" means any transportation that is not on site as defined in section
49-851.

3. "Person" means an individual, trust, firm, joint stock company, corporation
including a government corporation, partnership, association, state, municipality,
commission, political subdivision of this state, interstate body or federal facility.