1998 Regular Session
To: Conservation and Water Resources
By: Representative Wells-Smith
House Bill 1165
AN ACT TO AMEND SECTION 17-17-53, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE OWNER OR OPERATOR OF A COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITY SHALL PAY TO THE STATE TAX COMMISSION AN AMOUNT EQUAL TO TWICE THE AMOUNT OF THE PER TON FEE IMPOSED ON THE MANAGEMENT OF OUT-OF-STATE WASTE BY THE STATE FROM WHICH THE HAZARDOUS WASTE ORIGINATED; 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) On or before July 15 of each year, the owner or operator of every 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 sum equal to:
(a) Ten Dollars ($10.00) per ton for hazardous waste generated and disposed of in the state by landfilling or any other means of land disposal and for hazardous waste generated and stored for one (1) year or more in the state;
(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 all hazardous waste generated outside of the state and received at a commercial hazardous waste management facility during the preceding calendar year, each owner or operator of a commercial hazardous waste management facility shall pay to the State Tax Commission an amount equal to twice the amount of the per ton 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.
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(3) All monies received by the State Tax Commission hereunder shall be appropriated and utilized as follows:
(a) Thirty-five percent (35%) shall be remitted to the Department of Environmental Quality to be held for the perpetual care and maintenance account of commercial facilities for the management of hazardous or nonhazardous solid waste.
(b) Thirty-five percent (35%) shall be remitted to the department to defray costs of the waste minimization program and evaluation of uncontrolled sites.
(c) Subject to the provisions of 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.
(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 owner or 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, 1998.