(Note: | The terms "dangerous waste" and "extremely hazardous waste" as used in this subsection use the same basic definition as in WAC 173-305-020, but are modified as follows for the fee calculation only.) |
(a) Dangerous waste is the number of pounds of dangerous waste reported that are not recycled for beneficial use, calculated so that the following wastes are excluded:
(i) Wastewater discharged under permit by rule under WAC
173-303-802; or
(ii) Dangerous waste that is treated on-site by the generator according to WAC
173-303-170 (3)(b) and (c); or
(iii) Nonrecurrent dangerous waste as reported on the annual dangerous waste generator report required under WAC
173-303-060(5).
(b) Emissions is the number of pounds of emission reported under Toxic Chemical Release Reporting, 40 C.F.R. Part 372, by a company. If emissions are reported in ranges, the middle value of the reported range will be used in the calculation.
(c) Extremely hazardous waste is the number of pounds of extremely hazardous waste reported that are not recycled for beneficial use, calculated so that the following wastes are excluded:
(i) Wastewater discharged under permit by rule under WAC
173-303-802; or
(ii) Extremely hazardous waste that is treated on-site by the generator according to WAC
173-303-170 (3)(b) and (c); or
(iii) Nonrecurrent extremely hazardous waste as reported on the annual dangerous waste generator report required under WAC
173-303-060(5).
The total risk pounds for a facility or set of interrelated facilities is equal to ten times the number of pounds of extremely hazardous waste generated, plus the number of pounds of dangerous waste generated, plus the number of pounds of emission reported by that facility.
(3) The annual fee for a facility or set of interrelated facilities is equal to the rate per risk pound times the total risk pounds. The rate for the risk pounds must be calculated by the department so that the maximum total fee in (a) of this subsection can be obtained. The annual fee for each facility or set of interrelated facilities is subject to the limitations in (b) and (c) of this subsection.
(a) The maximum total fees collected must be determined based on the maximum total fee for the previous year, multiplied by the most current price deflator, and divided by the price deflator used in the numerator for the previous year. The price deflator used in the denominator for the first adjustment is the second quarter price deflator for 1990. The maximum total fees for 1990 must be one million dollars.
(b) The maximum fee for any facility or interrelated facility must be determined based on the maximum total fee for the previous year, multiplied by the most current price deflator, and divided by the price deflator used in the numerator for the previous year. The price deflator used in the denominator for the first adjustment is the second quarter price deflator for 1990. The maximum annual fee for 1990 must be ten thousand dollars.
(c) The maximum annual fee for a generator who generates between two thousand six hundred forty and four thousand pounds of dangerous and extremely hazardous waste must be determined based on the maximum total annual fee for the previous year, multiplied by the most current price deflator, and divided by the price deflator used in the numerator for the previous year. The price deflator used in the denominator for the first adjustment is the second quarter price deflator for 1990. The maximum annual fee for 1990 must be fifty dollars.
[Statutory Authority: RCW
70.95E.030. WSR 17-09-006 (Order 16-06), § 173-305-220, filed 4/6/17, effective 5/7/17. Statutory Authority: Chapter
70.95E RCW. WSR 00-16-103 (Order 99-16), § 173-305-220, filed 8/1/00, effective 9/1/00; WSR 91-08-040 (Order 90-56), § 173-305-220, filed 4/1/91, effective 5/2/91.]