AN ACT Relating to
hazardous waste fees; amending RCW 70.95E.010, 70.95E.020, 70.95E.030, and
70.95E.050; and repealing RCW 70.95E.060.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 70.95E.010 and 1990 c
114 s 11 are each amended to read as follows:
As used in this chapter,
the following terms have the meanings indicated unless the context clearly
requires otherwise.
(1) "Dangerous
waste" shall have the same definition as set forth in RCW 70.105.010(5)
and shall include those wastes designated as dangerous by rules adopted
pursuant to chapter 70.105 RCW.
(2)
"Department" means the department of ecology.
(3) "EPA/state
identification number" means the number assigned by the EPA (environmental
protection agency) or by the department of ecology to each generator and/or
transporter and treatment, storage, and/or disposal facility.
(4) "Extremely
hazardous waste" shall have the same definition as set forth in RCW
70.105.010(6) and shall specifically include those wastes designated as
extremely hazardous by rules adopted pursuant to chapter 70.105 RCW.
(5) "Fee"
means the annual fees imposed under this chapter.
(6) "Generate"
means any act or process which produces hazardous waste or first causes a hazardous
waste to become subject to regulation.
(7) "Hazardous
waste" means and includes all dangerous and extremely hazardous wastes but
for the purposes of this chapter excludes all radioactive wastes or substances
composed of both radioactive and hazardous components.
(8) "Known
generators" means persons that have notified the department((,)) and
have received an EPA/state identification number ((and generate quantities
of hazardous wastes regulated under chapter 70.105 RCW)).
(9) "Person"
means an individual, trust, firm, joint stock company, partnership,
association, state, public or private or municipal corporation, commission,
political subdivision of a state, interstate body, the federal government
including any agency or officer thereof, and any Indian tribe or authorized
tribal organization.
(10) "Potential
generators" means all persons whose primary business activities are
identified by the department to be likely to generate any quantity of hazardous
wastes.
(11) "Price
deflator" means the United States department of commerce bureau of
economic analysis, "Implicit Price Deflator for Gross National
Product" for "Government Purchases of Goods and Services," for
"State and Local Government."
(12) "Recycled for
beneficial use" means the use of hazardous waste, either before or after
reclamation, as a substitute for a commercial product or raw material, but does
not include: (a) Use constituting disposal; (b) incineration; or (c) use as a
fuel.
(13) "Waste
generation site" means any geographical area that has been assigned an
EPA/state identification number.
Sec. 2. RCW 70.95E.020 and 1990 c
114 s 12 are each amended to read as follows:
A fee is imposed for the
privilege of generating or potentially generating hazardous waste in the
state. The annual amount of the fee shall be thirty-five dollars upon every
known generator or potential generator doing business in Washington in the current
calendar year or any part thereof. This fee shall be collected by the
department of revenue. A potential generator shall be exempt from the fee
imposed under this section if the potential generator is entitled to the
exemption in RCW 82.04.300 in the current calendar year. The department shall,
subject to appropriation, use the funds collected from the fees assessed in
this subsection to support the activities of the office of waste reduction as
specified in RCW 70.95C.030. The fee imposed pursuant to this section ((shall
be first due on July 31, 1990, for any generator or potential generator
operating in Washington from March 21, 1990, to December 31, 1990, or any part
thereof)) is due annually by July 1 of the year following the calendar
year for which the fee is imposed, except the fee scheduled to be imposed for
calendar year 1993 shall be imposed on known generators only.
Sec. 3. RCW 70.95E.030 and 1990 c
114 s 13 are each amended to read as follows:
(((1))) Hazardous
waste generators and hazardous substance users required to prepare plans under
RCW 70.95C.200 shall pay an ((additional)) annual fee to support
implementation of RCW 70.95C.200 and 70.95C.040. These fees are to be used by
the department, subject to appropriation, for plan review, technical assistance
to facilities that are required to prepare plans, other activities related to
plan development and implementation, and associated indirect costs. The total
fees collected under this subsection shall not exceed the department's costs of
implementing RCW 70.95C.200 and 70.95C.040 and shall not exceed one million
dollars per year. The annual fee for a facility shall not exceed ten thousand
dollars per year. Any facility that generates less than two thousand six
hundred forty pounds of hazardous waste per waste generation site in the
previous calendar year shall be exempt from the fee imposed by this section.
The annual fee for a facility generating at least two thousand six hundred
forty pounds but not more than four thousand pounds of hazardous waste per
waste generation site in the previous calendar year shall not exceed fifty
dollars. A person that develops a plan covering more than one interrelated
facility as provided for in RCW 70.95C.200 shall be assessed fees only for the
number of plans prepared. The department shall adopt a fee schedule by rule
after consultation with typical affected businesses and other interested
parties. Hazardous waste generated and recycled for beneficial use, including
initial amount of hazardous substances introduced into a process and
subsequently recycled for beneficial use, shall not be used in the calculations
of hazardous waste generated for purposes of this section.
(((2) Fees imposed by
this section shall be first due on July 1, 1991, for facilities that are
required to prepare plans in 1992, on July 1, 1992, for facilities that are
required to prepare plans in 1993, and on July 1, 1993, for facilities that are
required to prepare plans in 1994.)) The annual fee imposed by this
section shall be first due on July 1 of the year prior to the year that the
facility is required to prepare a plan, and by July 1 of each year thereafter.
Sec. 4. RCW 70.95E.050 and 1990 c
114 s 15 are each amended to read as follows:
In administration of
this chapter for the enforcement and collection of the fees due and owing under
this chapter, the department of revenue is authorized to apply the provisions
of chapter 82.32 RCW, except that the provisions of RCW ((82.32.050 and
82.32.090)) 82.32.045 shall not apply.
NEW
SECTION. Sec. 5. RCW 70.95E.060 and 1990 c
114 s 16 are each repealed.
