CHAPTER 219
HB 472-FN – FINAL VERSION
06Mar2007… 0341h
07Jun2007… 1860eba
2007 SESSION
08/10
HOUSE BILL 472-FN
AN ACT increasing fees for hazardous waste management and contaminated site cleanup and changing reporting requirements.
SPONSORS: Rep. Powers, Rock 16; Rep. Beaulieu, Hills 17; Rep. Knox, Carr 4; Sen. Fuller Clark, Dist 24
COMMITTEE: Environment and Agriculture
This bill increases fees for hazardous waste management and contaminated site cleanup and changes reporting requirements for various waste activities.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06Mar2007… 0341h
07Jun2007… 1860eba
07-0864
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT increasing fees for hazardous waste management and contaminated site cleanup and changing reporting requirements.
Be it Enacted by the Senate and House of Representatives in General Court convened:
219:1 Operator Permit Fees. Amend RSA 147-A:4, II to read as follows:
II. A permit application fee not to exceed [$5,000] $7,500 shall accompany each permit, permit modification, and permit renewal application. [The amount of the fee shall reflect the relative effort necessary for review of the application. Permit application fees shall be used by the department for review of applications. In addition to the application fee, the applicant shall be responsible for all reasonable hearing costs incurred by the department. State costs which exceed the permit application fee shall be charged monthly to the applicant at an hourly rate which includes, but is not limited to, staff salaries and benefit costs, current operating expenses, legal costs and travel. The hourly rate shall also be used to calculate any department costs associated with implementing and enforcing the terms and conditions of a permit issued by the department.] Permit fees received by the department under this section shall be placed in the hazardous waste cleanup fund as established under RSA 147-B:3, shall be accounted for separately and shall be used in processing applications and enforcing and implementing conditions of a permit.
219:2 Small Quantity Waste Generator Self-Certification Fees. RSA 147-A:5, IV is repealed and reenacted to read as follows:
IV.(a) Each hazardous waste generator that generates less than 220 pounds (100 kilograms) of hazardous waste per month shall submit to the department, every 3 years, a self-certification declaration stating that the facility is in compliance with the small quantity hazardous waste generator rules. The declaration shall be on a form provided by the department.
(b) Each small quantity hazardous waste generator shall pay non-refundable fees at a rate of $60 per year for the period of January 1, 2004 to June 30, 2007, and at a rate of $90 per year beginning July 1, 2007, to cover department expenses for conducting the self-certification program and hiring of program staff. Total fees due for each year shall be submitted with the self-certification declaration form required under subparagraph (a).
(c) If the self-certification fee is not paid within 60 days of the due date, interest shall be assessed at a rate established by the commissioner, and shall be deposited into the cleanup fund. The commissioner may waive all or any portion of interest for good cause.
(d) Political subdivisions of the state shall be exempt from the fee for submitting a self-certification declaration.
(e) Small quantity hazardous waste generators that are participants in a department-developed multi-media compliance assurance program referred to as an environmental results program, or ERP, shall be exempt from this paragraph.
219:3 Initial Waste Activity Notification Fees. Amend RSA 147-A:6-a, I to read as follows:
I. Each initial notification of hazardous waste activity filed by any new hazardous waste generator in New Hampshire shall be accompanied by a non-refundable fee of [$100] $150.
219:4 Large Quantity Waste Generator Fees. RSA 147-B:8, I is repealed and reenacted to read as follows:
I. Each hazardous waste generator that generates in a 3-month period 660 pounds or more of unrecycled hazardous waste shall pay a quarterly fee of $0.06 per pound or a minimum of $100, to the department.
219:5 Large Quantity Waste Generator Fees. RSA 147-B:8, V is repealed and reenacted to read as follows:
V. Failure to pay fees within 60 days of the date due shall result in the assessment of interest at a rate established by the commissioner. The commissioner may waive all or any portion of interest for good cause. The department shall deposit interest collected under this section into the cleanup fund.
219:6 Brownfields Program Fees. Amend RSA 147-F:9, II (e) to read as follows:
(e) A non-refundable application fee of [$500] $750.
219:7 Brownfields Program Fees. Amend RSA 147-F:14, I-II to read as follows:
I. Any person, except for the state and local governments, including school districts, who requests an eligibility determination under RSA 147-F:4 shall pay a nonrefundable application fee of [$500] $750 for program eligibility which shall be deposited in the hazardous waste cleanup fund. Any resubmittal of an incomplete application shall require an additional $500 for each resubmission.
II. Any eligible person, except for the state and local governments, including school districts, who has previously paid the initial application fee, or any person who becomes a program participant under RSA 147-F:5, V, shall pay a nonrefundable [$3,000] $4,500 fee which shall be deposited in the hazardous waste cleanup fund and used for purposes of the review work performed by the department under this chapter.
219:8 Rulemaking; Records and Department Costs. Amend RSA 147-F:18, I(i) to read as follows:
(i) Program fees structure, including procedures for maintaining records of department costs for the purpose of offsetting the initial [$3,000] fee and obtaining reimbursement in accordance with RSA 147-F:14.
219:9 Brownfields Program Fees. Amend RSA 485:3-b, I to read as follows:
I. Any person, except for state and local governments including counties and political subdivisions, [who] that requests an expedited review of environmental site assessment reports by the department shall pay to the department a review fee based on the equalized assessed valuation of the property as determined in rules adopted by the commissioner under RSA 541-A, shall be as follows:
Equalized Assessed Valuation Fee
$0 to $250,000 [$1,200] $1,800
$250,001 to $500,000 [$1,500] $2,250
$500,001 to $1,000,000 [$2,500] $3,750
greater than $1,000,000 [$5,000] $7,500
219:10 Brownfields Program Fees. Amend RSA 485:3-c to read as follows:
485:3-c Groundwater Management Permit Fee. Any person, [except for state and local governments including counties and political subdivisions, issued] submitting a permit application under RSA 485:3, X shall pay to the department a groundwater management permit application fee of [$1,000] $2,000. Any person who has paid the environmental site assessment review fee specified in RSA 485:3-b shall be exempt from the groundwater management permit fee. State and local governments including counties and political subdivisions shall be exempt from groundwater management permit application fees, unless eligible for funding under RSA 146-D, RSA 146-E, RSA 146-F, or RSA 146-G.
219:11 Repeal. The following are repealed:
I. RSA 147-B:4, IV, relative to facility siting program annual reports.
II. RSA 147-B:15, relative to used oil program agency reports.
219:12 New Section; Annual Report. Amend RSA 147-B by inserting after section 11 the following new section:
147-B:11-a Annual Report The department shall submit an annual report by October 1 of each year to the governor and council, speaker of the house of representatives, and president of the senate, relative to the activities and finances of the hazardous waste cleanup fund.
219:13 Effective Date. This act shall take effect July 1, 2007.
Approved: June 25, 2007
Effective: July 1, 2007