Section 72-0403. Hazardous waste program surcharges

1.  For  the  period  beginning  April  first, two thousand three, all
  generators shall submit annually to the department a fee in  the  amount
  to be determined as follows:
    a.  Four  thousand  dollars for generators of equal to or greater than
  fifteen tons per year and less than or equal  to  twenty-five  tons  per
  year of hazardous waste;
    b.  Nine  thousand  dollars for generators of greater than twenty-five
  tons per year and less than or equal to fifty tons per year of hazardous
  waste;
    c. Fourteen thousand dollars for generators of greater than fifty tons
  per year and less than  or  equal  to  seventy-five  tons  per  year  of
  hazardous waste;
    d.   Nineteen   thousand   dollars  for  generators  of  greater  than
  seventy-five tons per year and less than or equal to  one  hundred  tons
  per year of hazardous waste;
    e.  Twenty-four  thousand  dollars  for generators of greater than one
  hundred tons per year and less than or equal to five  hundred  tons  per
  year of hazardous waste;
    f. Eighty thousand dollars for generators of greater than five hundred
  tons  per  year  and less than or equal to one thousand tons per year of
  hazardous waste;
    g. Eighty-five thousand dollars for generators  of  greater  than  one
  thousand  tons  per year and less than or equal to two thousand tons per
  year of hazardous waste;
    h. One hundred ten thousand dollars for generators of greater than two
  thousand tons per year and less than or equal to three thousand tons per
  year of hazardous waste;
    i. One hundred thirty-five thousand dollars for generators of  greater
  than  three  thousand  tons  per  year  and  less  than or equal to five
  thousand tons per year of hazardous waste;
    j. One hundred sixty thousand dollars for generators of  greater  than
  five  thousand tons per year and less than or equal to ten thousand tons
  per year of hazardous waste;
    k. Three hundred sixty thousand dollars for generators of greater than
  ten thousand tons per year of hazardous waste;
    l. Six thousand dollars 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.
    m. 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 of this
  chapter 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.
    n.  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. In any case where a generator recycles more than ninety percent  of
  the  amount of hazardous waste or more than ninety percent of the amount
  of hazardous wastewater it produces in any calendar year,  as  certified
  to  the  commissioner,  upon  which  a  fee  is imposed pursuant to this
  section, any such fee imposed or to be imposed in  such  case  shall  be
  determined  based  upon  the  net amount of hazardous waste or hazardous
  wastewater generated, as applicable, which is not so  recycled  in  such
  calendar  year,  rather than upon the gross amount of hazardous waste or
  hazardous wastewater generated in such calendar year.