Establishes that ten percent of any special assessment paid for landfill disposal shall be credited to the county health department of the county of such landfill

Title of bill

An act to amend the environmental conservation law, in relation to creating a hazardous waste landfill special assessment

Summary of provisions

Section one amends Chapter 38 of the laws of 1985 to read: Special assessments on hazardous wastes (generated).

1. On and after July (June) first, two thousand and ten (nineteen hundred eighty-five), there is hereby imposed upon every person who is engaged within the state in the generation of hazardous waste identified or listed pursuant to this title a special assessment to be determined as follows:

a. (Twenty-s) Seven dollars per ton of hazardous waste generated which is disposed of in a landfill...

Section two amends chapter 423 of the laws of 1990 as follows: On or after July (June) first, two thousand ten (nineteen hundred eighty five), there is hereby imposed upon persons holding permits or required to hold permits for the storage, treatment, or disposal of hazardous waste pursuant to section 27-0913 of this title a hazardous waste disposal special assessment to be determined as follows:

a. Twenty dollars per ton of waste which is received for disposal in a landfill or for storage prior to disposal in a landfill.

Justification

This bill reinstates and modifies a land disposal tax on hazardous waste disposed of in New York. In 2004, CWM Chemical Services, LLC challenged New York's hazardous waste disposal taxi that disposal tax was subsequently voided by the courts.

Today, New York generators pay a tax on hazardous waste disposed of in New York, however, out-of-state generators using New York hazardous waste landfills pay no tax. For decades, New York has been a massive net importer of hazardous waste for land disposal, particularly PCB contaminated wastes.

This bill reduces the land disposal generator tax on New York business from $27.00 per ton to $7.00 per ton, and imposes a $20.00 per ton tax on all hazardous waste disposed of in New. York, most of which originates from outside its borders. The bill allows New York to tax all hazardous waste land filled within its borders similar to other states with such facilities.

The bill also promotes the state and federal hazardous waste management hierarchies which establish land disposal as the least preferable method of management. The effect of this bill is to encourage the use of preferred alternatives under the hierarchies to minimize, treat, or reclaim hazardous waste.

Prior legislative history

This is a new bill.

Fiscal implication

New revenue of more than $3 million is anticipated; ninety percent will be remitted to the state's Hazardous Waste Remedial Fund and ten percent to the county health department in which the landfill is located.

Effective date

This act shall take effect July 1, 2010.