§ 264a.78. Hazardous waste management fee.
(a) The owner or operator of a hazardous waste management facility shall remit to the Department a hazardous waste management fee based on the total number of tons, or portion thereof, treated, stored or disposed at that facility.
(b) A hazardous waste management fee will not be assessed for:
(1) Storage or treatment of hazardous waste at the site at which it was generated.
(2) Storage or treatment at a captive facility.
(3) Storage of hazardous waste prior to recycling at a commercial recycling facility which meets the requirements of this article.
(4) Hazardous waste derived from the cleanup of a site under the Hazardous Sites Cleanup Act, the Federal Superfund Act, Title II of the Solid Waste Disposal Act (42 U.S.C.A. § § 6901—6987) or the act.
(c) The owner or operator shall remit hazardous waste management fees quarterly along with the forms required by § 264a.79 (relating to documentation of hazardous waste management fee submission) postmarked or delivered to 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 date falls on a weekend or State holiday, the report shall be postmarked or received by the Department on or before the next business day after the 20th.
(d) Payment shall be by check or money order, payable to ‘‘The Hazardous Sites Cleanup Fund,’’ and shall be forwarded along with the required forms to the Department at the address specified on the form. Alternative payment methods may be accepted with prior written approval of the Department.
(e) For purposes of assessing fees incineration is considered to be treatment. A fee will not be assessed for the incineration of hazardous waste at an onsite or captive incineration facility.
(f) Fees shall be calculated based on standard tons.
(1) For purposes of this section:
(i) A standard ton equals 2,000 pounds.
(ii) A metric ton shall be converted to a standard ton by dividing the metric ton by a factor of 0.91.
(2) Liquid wastes shall be converted to tons as follows:
(i) Standard measure gallons shall be converted to tons using a factor of 8.0 pounds per gallon.
(ii) Liters shall be converted to tons using a factor of 2.1 pounds per liter.
(3) Cubic yards and cubic meters shall be converted to standard tons using a factor of 1 ton per each of these units, or part thereof.
(g) Quantities reported shall be as indicated on the manifest by the treatment, storage or disposal facility designated on the manifest or, if not indicated by that facility, as specified on the manifest by the generator.
(h) Except as provided in subsection (i), if more than one hazardous waste management activity occurs at the same commercial hazardous waste management facility, the owner or operator shall pay a single fee per ton, or fraction thereof, which shall be the highest rate of the management activities involving each individual waste stream at that facility.
(i) When treatment or incineration prior to disposal results in a reduction in the tonnage of waste requiring disposal, the operator will be assessed the disposal management fee for the waste requiring disposal after treatment or incineration, and the treatment management fee for the remainder of the waste which underwent treatment.
Cross References This section cited in 25 Pa. Code § 264a.79 (relating to documentation of hazardous waste management fee submission).
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