Section 72-0402. Hazardous waste program fees

1. All generators shall submit annually to the department a fee in the
  amount to be determined as follows:
    a.  $1,000 for generators of equal to or greater than fifteen tons per
  year and less than or equal to one hundred tons per  year  of  hazardous
  waste.
    b. $6,000 for generators of greater than one hundred tons per year and
  less than or equal to five hundred tons per year of hazardous waste.
    c.  $20,000  for generators of greater than five hundred tons per year
  and less than or equal to one thousand tons per year of hazardous waste.
    d. $40,000 for generators of greater than one thousand tons  per  year
  of hazardous waste.
    e.  $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 paragraphs a, b, c and d
  of this subdivision.
    f. 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
  approval  and  in compliance with department regulations, or pursuant to
  an order of the department, the United States  environmental  protection
  agency  or a court, related to the cleanup or remediation of a hazardous
  materials or hazardous waste spill,  discharge,  or  surficial  cleanup,
  pursuant to this chapter, other than section 27-1313 or a removal action
  pursuant  to  the Comprehensive Environmental Response, Compensation and
  Liability Act (42 U.S.C. 9601 et seq.); 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  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
    (vii) under an  environmental  restoration  project  state  assistance
  contract  with  the  department  pursuant  to  section  56-0503  of this
  chapter.
    g. 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.
    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
  estimated bills based either:
    a. upon the  actual  activity  of  the  preceding  calendar  year,  as
  reported  to the department, or as adjusted by the department to reflect
  non-recurring events or reporting errors, or
    b. in those instances where actual activity cannot  be  determined  or
  where the status of a person subject to the provisions of this title has
  changed  since the issuance of the bill for the preceding year so that a
  different fee category is applicable, upon estimated  activity  for  the
  current calendar year, as determined by the department.