§ 6020.903. Hazardous waste transportation and management fees
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety
35 P.S. § 6020.903
§ 6020.903. Hazardous waste transportation and management fees
(b) Transportation fee.--A transporter of hazardous waste shall be assessed a transportation fee for hazardous waste transported within this Commonwealth, whether originating in-State or out-of-State. For purposes of computing the fee, each shipment requiring the use of a hazardous waste manifest to or from a Pennsylvania hazardous waste facility or between two Pennsylvania hazardous waste facilities shall be considered a discrete transportation activity and shall be subject to the fee.
(1) The operator of a hazardous waste management facility in Pennsylvania shall be assessed a management fee for hazardous waste stored, treated or disposed of at a facility. No management fee shall be charged for hazardous wastes which are reused or recycled in accordance with department regulations. For purposes of this paragraph, incineration shall be considered a form of treatment rather than disposal.
(3) However, when treatment or incineration prior to disposal results in a reduction in the tonnage of waste requiring disposal, the operator shall be assessed the disposal management fee for the waste requiring disposal after treatment or incineration and the treatment management fee for the rest of the waste which underwent treatment.
(1) By March 1, 1989, and by March 1 of each year thereafter, a person who submitted for offsite disposal or who disposed of onsite more than 500 pounds of hazardous waste in this Commonwealth during the preceding calendar year shall report to the department the total amount of hazardous waste which that person has submitted for disposal or disposed of in this Commonwealth during the preceding calendar year. This subsection does not apply to a person who is already providing this information to the department.
(3) A person who fails to file the report required by this subsection shall be liable for a civil penalty not to exceed $500 for each day the violation continues. A person who knowingly fails to file the report commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not more than $25,000 or to imprisonment for not more than one year, or both.
(i) Waste from cleanup.--The fees assessed pursuant to this section for the transportation, management or authorized disposal of hazardous waste shall not apply to hazardous waste that is derived from the cleanup of a site pursuant to this act, the Federal Superfund Act, the Solid Waste Disposal Act (Public Law 89-272, 42 U.S.C. § 6901 et seq.) or the Solid Waste Management Act.1
Credits
1988, Oct. 18, P.L. 756, No. 108, § 903, effective in 60 days.
Footnotes
35 P.S. § 6018.101 et seq.
35 P.S. § 6020.903, PA ST 35 P.S. § 6020.903
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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