§ 263a.23. Hazardous waste transportation fee.
(a) A fee is assessed on hazardous waste transportation to or from a location within this Commonwealth which requires a manifest under § 263a.20, 40 CFR 263.20 and 40 CFR 263.21 (relating to the manifest system; and compliance with the manifest). Each of the following are considered a separate transportation activity, subject to assessment of a fee:
(1) Transport to a location within this Commonwealth from a location out-of-State.
(2) Transport from a location within this Commonwealth to a location out-of-State.
(3) Transport from one location to another within this Commonwealth.
(b) A hazardous waste transportation fee will not be assessed for:
(1) Onsite shipments of hazardous waste.
(2) Hazardous waste shipments through this Commonwealth not originating from, or destined for, a location within this Commonwealth.
(3) Shipments of hazardous waste derived from the cleanup of a site under the Hazardous Sites Cleanup Act (35 P. S. § § 6020.101—6020.1305), the Comprehensive Environmental Response Compensation and Liability Act of 1980 (P. L. 96-510, 94 Stat. 2767), known as the Federal Superfund Act (42 U.S.C.A. § § 9601—9675), Title II of the Solid Waste Disposal Act (42 U.S.C.A. § § 6901—6987) or the act.
(c) A transporter delivering a shipment of hazardous waste to a designated facility or recycler in this Commonwealth shall pay the transportation fees. If a shipment is destined for a location outside this Commonwealth, the transportation fee will be paid by the transporter that accepts the hazardous waste from a Commonwealth generator or other hazardous waste management location within this Commonwealth.
(d) A transporter shall remit to the Department hazardous waste transportation fees due for each quarter, accompanied by the forms required by § 263a.24 (relating to documentation of hazardous waste transporter fee submission).
(e) Payment of the fees, accompanied by the completed forms required by § 263a.24, shall be postmarked or received by the Department by the 20th day of the month following the quarter ending the last day of March, June, September and December of each year. If the submission deadline falls on a weekend or State holiday, the report shall be postmarked or received on or before the next business day after the 20th.
(f) Payment shall be by check or money order, payable to ‘‘The Hazardous Sites Cleanup Fund,’’ and forwarded with the accompanying forms to the Department at the address specified on the form. Alternative payment methods may be accepted with prior written approval of the Department.
(g) Fees shall be calculated based on standard tons. For purposes of this section:
(1) A standard ton equals 2,000 pounds.
(2) A metric ton is converted to a standard ton by dividing the metric ton by a factor of 0.91.
(3) Liquid wastes shall be converted to tons as follows:
(i) Standard measure gallons are converted to tons using a factor of 8 pounds per gallon.
(ii) Liters are converted to tons using a factor of 2.1 pounds per liter.
(4) Cubic yards and cubic meters are converted to standard tons using a factor of 1 ton per each of these units, or part thereof.
(h) Fees are based on the quantities listed on the manifest by the treatment, storage or disposal facility (TSD) or, when not specified by the TSD, as provided by the generator.
Cross References This section cited in 25 Pa. Code § 263a.24 (relating to documentation of hazardous waste transporter fee submission); and 25 Pa. Code § 266a.70 (relating to applicability and requirements).
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