2022 New York Laws
ENV - Environmental Conservation
Article 72 - Environmental Regulatory Program Fees
Title 4 - Hazardous Waste Program Fee
72-0402 - Hazardous Waste Program Fees.

§ 72-0402. Hazardous waste program fees.
  1.  a.  For  the  period  beginning January 1, 2010, all generators of
equal to or greater than fifteen tons per year of hazardous waste  shall
submit  annually  to  the  department a fee in the amount of one hundred
thirty dollars per ton  of  hazardous  waste  generated  not  to  exceed
$300,000,  except  not  to  exceed  $400,000 for those with greater than
4,000 tons generated and less than or equal to  10,000  tons  generated,
and  not  to  exceed  $800,000  for  those with greater than 10,000 tons
generated.
  b. $3,000 for generators of equal to or greater than fifteen tons  per
year  of hazardous wastewater, payable in addition to fees for hazardous
wastes, other than wastewater,  as  required  by  paragraph  a  of  this
subdivision.
  c.  $6,000 for generators of equal to or greater than fifteen thousand
tons per year of hazardous wastewater, payable in addition to  the  fees
for  hazardous  wastes,  other  than  wastewater,  as  required  by this
subdivision.
  d. No fee shall be payable for waste resulting from services which are
provided:
  (i) under a contract with the department,  or  with  the  department's
written  approval  and  in  compliance  with  department regulations, or
pursuant to an order of the department, the United States  environmental
protection  agency  or a court of competent jurisdiction, related to the
cleanup or remediation of  a  hazardous  materials  or  hazardous  waste
spill, discharge, or surficial cleanup, pursuant to this chapter; or
  (ii)  under  a  contract for, or with the department's approval and in
compliance with department regulations for, the cleanup and removal of a
petroleum spill or discharge, pursuant to subdivision seven  of  section
one hundred seventy-six of the navigation law; or
  (iii)  under the order of a court, the department or the department of
health, or the United States environmental protection agency related  to
an inactive hazardous waste disposal site pursuant to section 27-1313 of
this  chapter,  section  thirteen  hundred  eighty-nine-b  of the public
health law, or the Comprehensive  Environmental  Response,  Compensation
and Liability Act (42 U.S.C. 9601 et seq.); or
  (iv)  voluntarily  and without expectation of monetary compensation in
accordance with subdivision one of section 27-1321 of this chapter; or
  (v) under permit or order  requiring  corrective  action  pursuant  to
title  nine  of article twenty-seven of this chapter, title twenty-seven
of article seventy-one of this chapter or the Resource Conservation  and
Recovery Act (42 U.S.C. 6901 et seq.); or
  (vi)  under  a  brownfield  site cleanup agreement with the department
pursuant to section 27-1409 of this chapter or under a written agreement
with a municipality which has entered into  a  memorandum  of  agreement
with the department related to the remediation of brownfield sites as of
August fifth, two thousand ten; or
  (vii)  under  an  environmental  restoration  project state assistance
contract with  the  department  pursuant  to  section  56-0503  of  this
chapter.
  e.  Notwithstanding  any other provision of this section, no fee shall
be payable for the generation of universal wastes. For purposes of  this
paragraph,  "universal  wastes"  shall  mean those defined and listed in
regulations promulgated pursuant  to  this  title,  provided  that  such
wastes  are regulated consistent with rules adopted by the administrator
pursuant to RCRA for the management of universal wastes.
  f. In any case where a generator either (i) recycles more than  ninety
percent of the total tons of hazardous waste or more than ninety percent
of the total tons of hazardous wastewater which it generated during that

calendar  year,  as certified to the commissioner, or (ii) recycles more
than four thousand tons of hazardous waste or more  than  four  thousand
tons  of  hazardous wastewater which it generated in that calendar year,
as  certified  to  the  commissioner,  the  fee imposed pursuant to this
section shall be calculated and imposed based upon  the  net  amount  of
hazardous waste or the net amount of hazardous wastewater generated that
is  not  recycled  in  that  calendar  year,  rather than upon the gross
amounts of hazardous waste and hazardous wastewater  generated  in  such
calendar year.
  2.  All  facility operators required to obtain a permit or certificate
for the treatment, storage or disposal of hazardous  waste  pursuant  to
title nine of article twenty-seven of this chapter shall submit annually
to the department a fee in an amount to be determined for all methods of
hazardous waste treatment, storage or disposal as follows:
  a.  $12,000  for each facility that receives less than or equal to one
thousand tons per year of hazardous waste; and
  b. $30,000 for each facility that receives greater than  one  thousand
tons per year of hazardous waste.
  In  addition,  the  fee  determined  pursuant  to  this  section shall
include:
  (i) $100,000 for each facility when the gross receipts  tax  is  below
3.3  million dollars per year; $200,000 for each facility when the gross
receipts tax is between 3.3 million dollars per  year  and  4.4  million
dollars per year; and $300,000 for each facility when the gross receipts
tax  exceeds 4.4 million dollars per year for which a permit pursuant to
title nine of article  twenty-seven  of  this  chapter  is  required  to
operate  one  or  more  landfills  to  receive  hazardous  waste at such
facility, except that such fee shall be $100,000  if  such  facility  is
used  by  the  facility  operator or owner for the disposal of hazardous
waste generated solely by such facility operator or owner; and
  (ii) $10,000 for each incinerator as defined  in  section  72-0401  of
this title which is and each unit which burns listed hazardous waste for
energy  recovery  located  at  the  facility  operator's hazardous waste
treatment, storage or disposal facility; and
  (iii) $10,000 for each unit which burns  listed  hazardous  waste  for
energy  recovery  at  the facility operator's hazardous waste treatment,
storage or disposal facility; and
  (iv) $24,000 for each  facility  which  provides  for  the  treatment,
storage   or  disposal  of  hazardous  waste  in  one  or  more  surface
impoundments.
  3. All facility operators required to obtain a permit, certificate  or
approval  for  the  post-closure  care  period pursuant to title nine of
article twenty-seven of  this  chapter  shall  submit  annually  to  the
department  a fee in the amount of $3,000 for each such closed hazardous
waste management facility.
  4. Bills issued for annual hazardous waste program fees shall be based
upon actual hazardous waste generated for the prior  calendar  year,  as
demonstrated  to the department's satisfaction. During the first year of
implementation of this subdivision, bills will be based on  the  average
quantity  of  hazardous  waste generated for the previous three calendar
years.