49-863. Special waste management fee; exemption

A. The director shall collect the fee established by section 49-855, subsection C from the special waste treatment, storage or disposal facility that first receives the waste. Any government entity that is required to collect a fee pursuant to this section may establish fees to recover the costs of collection and administration.

B. A generator who ships special waste for purposes of treatment, storage or disposal to a facility in this state that is not regulated by the department shall retain for three years accurate records of the special waste transported to a facility and shall pay a fee to the department at the same rate and in the same manner as provided in subsection A of this section.

C. Each operator or person who is required to pay a special waste management fee shall make the fee payment as determined by the department.

D. Each fee payment shall be accompanied by a form furnished by the department and completed by the operator. The form shall state the total volume or weight of the special waste transported to or disposed at that facility during the payment period and shall provide any other information deemed necessary by the department. The operator shall sign the form.

E. If an operator or person fails to pay the fee as provided in subsection C of this section, that operator or person is additionally liable for interest on the unpaid amount at a rate prescribed by section 49-113.

F. Monies collected pursuant to this section shall be deposited in the solid waste fee fund established pursuant to section 49-881.

G. A generator who ships special waste for purposes of treatment, recycling, storage or disposal from a facility that is managed or operated by that generator to another facility that is managed or operated by that generator is exempt from the fee collected pursuant to this section.

H. A generator who treats, recycles, stores or disposes of special waste on site at a facility that is managed or operated by the generator is exempt from the fee collected pursuant to this section.

I. State agencies, including state universities, are not exempt from the fees prescribed in this section.