MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Environment Prot, Cons and Water Res

By: Senator(s) Robertson, Moffatt

Senate Bill 2733

AN ACT TO AMEND SECTION 17-17-53, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN HAZARDOUS WASTE DISPOSAL FEES TO EQUAL THOSE OF CONTIGUOUS STATES; TO CLARIFY THE USE OF FEE PROCEEDS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 17-17-53, Mississippi Code of 1972, is amended as follows:

17-17-53. (1) * * * Before July 15 of each year, the * * * operator of a commercial hazardous waste management facility shall file with the State Tax Commission and the department a statement, verified by oath, showing by category the total amounts of hazardous waste managed for a fee at the facility during the preceding calendar year, and shall at the same time pay to the State Tax Commission * * *:

(a) A sum equal to the highest fee charged by a contiguous state in each hazardous waste management category for domestic and foreign waste;

(b) Two Dollars ($2.00) per ton for hazardous waste generated and treated in the state and for hazardous waste generated and stored for less than one (1) year in the state; and

(c) One Dollar ($1.00) per ton for hazardous waste generated and recovered in the state.

(2) For * * * hazardous waste generated outside of the state and received at a commercial hazardous waste management facility during the preceding calendar year, each * * * operator of a commercial hazardous waste management facility shall pay to the State Tax Commission an amount equal to the * * * fee imposed on the management of out-of-state waste by the state from which the hazardous waste originated, but in any event no less than the per ton fees described in subsection (1) of this section.

(3)(a) For the purposes of this section, the term "commercial hazardous waste management facility" shall not include any manufacturing facility that uses hazardous waste as fuel as part of its manufacturing process.

  (b) This subsection shall stand repealed from and after December 31, 1996.

(4) All monies received by the State Tax Commission under this section shall be allocated as follows:

(a) Thirty-five percent (35%) shall be remitted to the Department of Environmental Quality to be held and used by the department in its discretion for remedial or removal actions at commercial facilities for the management of hazardous * * * waste. Funds collected under this section shall not be used to satisfy financial assurance requirements for a facility owner or operator.

(b) Thirty-five percent (35%) shall be remitted to the department to defray costs of the administration and evaluation of uncontrolled sites.

(c) Except as provided under Section 17-17-55, all other funds shall be paid to the general fund of the municipality or county within which the facility is located.

(5) Each generator of greater than two hundred twenty (220) pounds of hazardous waste in any calendar month, each transporter of hazardous waste, and the * * * operator of any facility for the treatment, storage, recycling or disposal of hazardous waste shall report annually by a date determined by the department on forms provided by the department the types and amounts of hazardous waste generated, managed and/or shipped during the preceding calendar year. To the extent practicable, the department shall adopt forms consistent with biennial report forms used by the United States Environmental Protection Agency.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.