1997 Regular Session
To: Environment Prot, Cons and Water Res
By: Senator(s) Dearing
Senate Bill 2797
AN ACT TO AMEND SECTION 17-17-53, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COMMISSION ON ENVIRONMENTAL QUALITY TO ANNUALLY SET FEES FOR COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITIES; TO REQUIRE THE COMMISSION TO CONSIDER CERTAIN INFORMATION IN SETTING FEES; TO REVISE REQUIREMENTS FOR PAYMENT OF THE FEES AND DISTRIBUTION OF THE FEE PROCEEDS BY THE STATE TAX COMMISSION; 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 October 1 of each year, the Commission on Environmental Quality shall set by order a schedule of fees for the management of hazardous waste during the succeeding calendar year of commercial hazardous waste management facilities. The fee schedule shall take effect on January 1 of the succeeding year. In setting the fee schedule, the commission shall consider the types or classifications of hazardous waste management, the methods of hazardous waste management available at commercial hazardous waste management facilities in the state and the fees or taxes levied on the management of hazardous waste at commercial hazardous waste management facilities in other states in the geographic region of this state. In issuing the order setting the fee schedule, the commission shall only include rates for those methods of hazardous waste management available at commercial hazardous waste management facilities that are or will likely be operating during the succeeding calendar year. The commission may exempt from the fees any manufacturing facility that uses hazardous waste as a fuel in its manufacturing process.
(2) * * * Before May 1 of each year, the * * * operator of each commercial hazardous waste management facility shall file with the State Tax Commission and the department a statement in the form and of the content required by the State Tax Commission and the Commission on Environmental Quality and verified by oath, showing the required information for hazardous waste managed * * * at the facility during the preceding calendar year. The operator shall at the same time pay to the State Tax Commission the total amount of fees calculated using the schedule issued under subsection (1) of this section.
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(3) All monies received by the State Tax Commission under this section shall be distributed and utilized as appropriated by the Legislature as follows:
(a) Twenty-five percent (25%) shall be remitted to the Department of Environmental Quality to be held for use in matching federal funds provided for remedial actions under the federal Comprehensive Environmental Response, Compensation and Liability Act, as amended;
(b) Ten percent (10%) shall be remitted to the Department of Environmental Quality to defray the additional regulatory costs imposed by the commercial hazardous waste management facility;
(c) Twenty percent (20%) shall be remitted to the Department of Environmental Quality to defray costs of the * * * evaluation of uncontrolled sites;
(d) Fifteen percent (15%) shall be remitted to the Department of Environmental Quality to defray the costs of the pollution prevention program; and
(e) Subject to * * * Section 17-17-55, all remaining funds shall be paid to the general fund of the municipality or county within which the facility is located. If the facility is located in a municipality, fifty percent (50%) of the funds provided under this section shall be paid to the general fund of the municipality.
(4) 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 each facility for the treatment, storage, recycling or disposal of hazardous waste shall report annually by a date determined by the commission, on forms provided by the department, the types and amounts of hazardous waste generated, managed * * * or shipped during the preceding calendar year. To the extent practicable, the commission 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 August 1, 1997.