A BILL TO BE ENTITLED
AN ACT to require a person who generates, transports, treats, stores, or disposes of hazardous waste to notify the department of environment and natural resources prior to commencing the activity, to require generators of hazardous waste to pay a security deposit to the department to ensure compliance with closure requirements, to clarify which hazardous waste fees are payable on an annual basis and which are payable on a fiscal year basis, to clarify when hazardous waste fees are due, and to impose a late payment fee on DELINQUENT hazardous waste fees.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 130A‑294.1 reads as rewritten:
"§ 130A‑294.1.  Fees applicable to generators and transporters of hazardous waste, and to hazardous waste storage, treatment, and disposal facilities; notification of hazardous waste activities required.
(a)	It is the intent of the General Assembly that the fee system established by this section is solely to provide funding in addition to federal and State appropriations to support the State's hazardous waste management program.
(b)	Funds collected pursuant to this section shall be used for personnel and other resources necessary to:
(1)	Provide a high level of technical assistance and waste minimization effort for the hazardous waste management program.
(2)	Provide timely review of permit applications. 
(3)	Insure that permit decisions are made on a sound technical basis and that permit decisions incorporate all conditions necessary to accomplish the purposes of this Part.
(4)	Improve monitoring and compliance of the hazardous waste management program.
(5)	Increase the frequency of inspections.
(6)	Provide chemical, biological, toxicological, and analytical support for the hazardous waste management program.
(7)	Provide resources for emergency response to imminent hazards associated with the hazardous waste management program.
(c)	It is the intent of the General Assembly that the total funds collected per year pursuant to this section not exceed thirty percent (30%) of the total funds budgeted from all sources for the hazardous waste management program. This subsection shall not be construed to limit the obligation of any person to pay any fee imposed by this section.
(d)	The Hazardous Waste Management Account is established as a nonreverting account within the Department. All fees collected under this section shall be credited to the Account and shall be used for the purposes listed in subsection (b).
(d1)	No person shall generate, transport, treat, store, or dispose of any hazardous waste without first notifying the Department of the location and nature of the activity to be conducted and the type and quantity of hazardous waste involved. Notification shall be made on a form approved by the Department. A person who generates, transports, treats, stores, or disposes of any hazardous waste and who has notified the Department of that activity shall submit a supplemental notification to the Department within 30 days after any change in the location or nature of the activity or the type or quantity of the hazardous waste involved. A supplemental notification shall be made on a form approved by the Department and shall update any prior notification. A person who operates a hazardous waste treatment, storage, or disposal facility and who intends to close the facility shall notify the Department no later than 30 days before the facility is to be closed.
(d2)	Prior to generating any hazardous waste, a person shall pay a security deposit to the Department. Only one security deposit shall be required for each facility that generates hazardous waste. The amount of the security deposit shall be five thousand dollars ($5,000) for a generator described in subsection (e) of this section and shall be two thousand five hundred dollars ($2,500) for a generator described in subsection (f) of this section. The Department shall hold the security deposit in trust for so long as the generation of hazardous waste continues. When the facility that generates hazardous waste is closed, the Department shall determine whether the closure complies with all applicable standards. The Department shall refund the security deposit if the facility is in compliance with closure standards. If the facility is not in compliance with closure standards, the Department may apply the security deposit to the costs of any measures to remediate or stabilize the facility that the Department determines to be necessary to bring the facility into compliance with closure standards. The Department shall refund any unused portion of the security deposit to the person who paid it or to the person's successor in interest. This subsection shall not be construed to limit the liability of any generator of hazardous waste who pays a security deposit for any costs that exceed the amount of the security deposit.(e)	A person who generates either one kilogram or more of any acute hazardous waste listed in 40 C.F.R. § 261.30(d) or § 261.33(e) (1 July 2002 Edition) or 1000 kilograms or more of hazardous waste, in any calendar month during the year beginning 1 July and ending 30 June shall pay an annual fee of five hundred dollars ($500.00).
(f)	A person who generates more than 100 kilograms or more of hazardous waste in any calendar month during the year beginning 1 July and ending 30 June but less than 1000 kilograms of hazardous waste in each calendar month during that year shall pay an annual fee of twenty‑five dollars ($25.00).
(g)	A person who generates one kilogram or more of acute hazardous waste or 1000 kilograms or more of hazardous waste in any calendar month during a calendar year shall pay, in addition to the fee due under subsections (e) and (f) of this section, a tonnage fee of fifty cents ($0.50) per ton or any part thereof of hazardous waste generated during the calendar year up to a maximum of 25,000 tons.
(h)	A person who generates less than one kilogram of acute hazardous waste and 100 kilograms or less of hazardous waste in each calendar month during any year beginning 1 July and ending 30 June shall not be liable for payment of a fee under subsections (e) and (f) of this section for that year.
(i)	Hazardous waste generated as a result of any type of remedial action or by collection by a local government of hazardous waste from households shall not be subject to a tonnage fee under subsections (g) and (l) of this section.
(j)	A person who transports hazardous waste shall pay an annual fee of six hundred dollars ($600.00).
(k)	A storage, treatment, or disposal facility shall pay an annual activity fee of one thousand two hundred dollars ($1,200) for each activity.
(l)	A commercial hazardous waste storage, treatment, or disposal facility shall pay, in addition to the fees applicable to all hazardous waste storage, treatment, or disposal facilities, a single tonnage fee of one dollar and seventy‑five cents ($1.75) per ton or any part thereof of hazardous waste stored, treated, or disposed of at the facility during each calendar year. A manufacturing facility that receives hazardous waste generated from the use of a product typical of its manufacturing process for the purpose of recycling is exempt from this tonnage fee. A facility must have a permit issued under this Article that includes the recycling activity and specifies the type and amount of waste that the facility is allowed to receive from off‑site for recycling.
(m)	An applicant for a permit for a hazardous waste storage, treatment, or disposal facility that proposes to operate as a commercial facility shall pay an application fee for each proposed activity as follows:
(1)	Storage facility	$10,000;
(2)	Treatment facility	$15,000;
(3)	Disposal facility	$25,000.
(n)	The Commission may adopt rules setting fees for modifications to permits. These fees shall not exceed fifty percent (50%) of the application fee.
(o)	A generator of hazardous waste shall pay the annual fee due under subsections (e) and (f) of this section no later than 31 August of the fiscal year for which the fee is due or within 30 days after generating the quantity of hazardous waste that requires payment of the fee. A generator of acute hazardous waste shall pay the tonnage fee due under subsection (g) of this section no later than 31 March or the year following the calendar year for which the fee is due. A transporter of hazardous waste shall pay the annual fee due under subsection (j) of this section no later than 31 August of the fiscal year for which the fee is due or within 30 days after transporting hazardous waste. A hazardous waste treatment, storage, or disposal facility shall pay the annual activity fee due under subsection (k) of this section no later than 31 August of the fiscal year for which the fee is due or within 30 days after treating, storing, or disposing of hazardous waste. A commercial hazardous waste treatment, storage, or disposal facility shall pay the tonnage fee due under subsection (l) of this section no later than 31 March or the year following the calendar year for which the fee is due. An applicant for a permit or for modification of a permit for a hazardous waste treatment, storage, or disposal facility shall pay the application fee due under subsection (m) of this section at the time the application is submitted to the Department. A late payment charge of one and one-half percent (1.5%) shall be added to any fee due under this section for each month or part thereof during which the fee, or any portion thereof, remains unpaid.
(p)	The Department shall make an annual report to the General Assembly and its Fiscal Research Division on the cost of the hazardous waste management program. The report shall include, but is not limited to, beginning fund balance, fees collected under this section, anticipated revenue from all sources, total expenditures (by activities and categories) for the hazardous waste management program, ending fund balance, any recommended adjustments in the annual and tonnage fees which may be necessary to assure the continued availability of funds sufficient to pay the State's share of the cost of the hazardous waste management program, and any other information requested by the General Assembly. In recommending adjustments in annual and tonnage fees, the Department may propose fees for hazardous waste generators, and for hazardous waste treatment facilities which treat waste generated on‑site, which are designed to encourage reductions in the volume or quantity and toxicity of hazardous waste."
SECTION 2.  Section 1 of this act becomes effective 1 July 2003.  The security deposit required under G.S. 130A‑294.1(d2), as enacted by Section 1 of this act, shall apply to any person who operates a facility that generates hazardous waste on or after 1 October 2003. A generator of hazardous waste shall pay the tonnage fee due under G.S. 130A‑294.1(g), as amended by Section 1 of this act, for the 2002 calendar year no later than 31 August 2003. A commercial hazardous waste treatment, storage, or disposal facility shall pay the tonnage fee due under G.S. 130A‑294.1(l), as amended by Section 1 of this act, for the 2002 calendar year no later than 31 August 2003.