Section 0400-15-01-.03 - REMEDIAL ACTION FUND(1) Fees (a) General 1. Purpose The purpose of this rule is to establish a system and schedule whereby certain fees are collected by the State for deposit in the Hazardous Waste Remedial Action Fund.
2. Applicability This rule applies to the persons and facilities specified in subpart (i) through (vi) of this part. For purposes of this paragraph "Generator" as defined in T.C.A. § 68-212-203 means any person, by site, whose act or process produces hazardous waste waters or hazardous wastes identified or listed in Rule 0400-12-01-.02 or whose act first causes a hazardous waste or hazardous waste waters to become subject to regulation, and "generation" means the act or process of producing hazardous wastes and/or hazardous waste waters.
(i) Persons who have generated hazardous waste in quantities of 1200 kg or more during the prior calendar year.(ii) Persons who are issued a hazardous waste transporter permit under the "Tennessee Hazardous Waste Management Act", T.C.A. § 68-212-101 et seq.(iii) Persons who have shipped 1200 kg or more of hazardous waste off-site for treatment or disposal.(iv) Out-of-state generators who treat or dispose of hazardous waste in Tennessee at a commercial facility. Such persons shall be subject to the off-site shipping fees as described in part (c)3 of this paragraph.(v) Persons who ship hazardous wastewaters off-site for treatment or disposal.(vi) Commercial facilities that receive wastes from out-of-state for treatment or disposal are responsible for collection of certain fees described in part (c)3 of this paragraph.3. Payment of Fees Any person assessed a fee under this rule must submit the fee in the specified amount to the State of Tennessee. The Department may, by notice to such persons prior to the date due, further specify the manner of payment. Checks are to be made payable to the State of Tennessee.
(b) Generation Fee - Amount and Manner of Assessment Generators subject to this rule shall pay a fee based on the total amount of hazardous waste generated in the previous calendar year calculated on an as-generated (wet weight) basis in accordance with the following:
| Amount of Hazardous Waste Generated in 2010 and each year thereafter | Fee ($) |
| less than 2,645 lbs (less than 1,200 kg) | $ 0 |
| 2,645 - 7,334 lbs (1,200 - 3,326 kg) | $ 865 |
| 7,335 - 237,418 lbs (3,327 - 107,692 kg) | $0.117935 per lb ($.26 per kg) |
| 237,419 lbs or more (107,693 kg or more) | $28,500 |
(c) Off-Site Shipment Fee 1. Hazardous Waste Any generator of twelve hundred (1200) kg or greater per year who shipped hazardous waste (excluding hazardous wastewater) off-site for treatment or disposal during the calendar year is hereby assessed an off-site shipping fee in accordance with the following:
| Amount of Hazardous Waste | Fee ($) |
| Shipped in 2010 and each year thereafter | $.0209437 per kg ($19.00 per ton) |
For purposes of assessing this fee, any hazardous waste, excluding hazardous wastewater, which was shipped off-site, shall be considered to have been shipped off-site for treatment or disposal.
2. Hazardous Wastewater Any generator of twelve hundred (1200) kg or greater per year who shipped "hazardous wastewater", per T.C.A. § 68-212-203, off-site for treatment and disposal during the calendar year shall pay an off-site shipping fee in accordance with the following:
| Amount of Hazardous | Fee ($) |
| Wastewater Shipped in 2010 and each year thereafter | $.01047185 per kg ($9.50 per ton) |
3. Out-of-state generators who treat or dispose of hazardous wastes at any commercial facility located in Tennessee shall be subject to the off-site shipping fees levied by parts 1 and 2 of this subparagraph. (i) The commercial facility to which the waste is shipped for treatment or disposal shall be responsible for collecting the off-site shipping fee and remitting it to the State by June 15th of each year.(ii) For the purposes of compensating the commercial facility in accounting for and remitting this fee, the commercial facility shall be allowed a deduction of two percent (2%) of the total amount due the State. No deduction shall be allowed if any portion of the payment is delinquent.(iii) Commercial facilities shall collect off-site shipping fees from out-of-state generators beginning July 1, 1994.(iv) Any out-of-state generator desiring to claim that they generated less than 1200 kg of hazardous wastes per year and that they are therefore excluded from payment of this fee or to claim that they have previously paid the maximum fee in accordance with part 4 of this subparagraph, shall so certify to all receiving Tennessee facilities.4. The maximum annual off-site shipping fee levied by parts 1, 2, and 3 of this subparagraph due from any single generator shall be sixty-five thousand dollars ($65,000) for waste shipped in 2011, and each year thereafter.(d) Excluded Waste 1. For purposes of determining the amount of waste generated under subparagraph (b) of this paragraph and the amount of waste shipped off-site for treatment and/or disposal under subparagraph (c) of this paragraph, the wastes listed below shall be excluded. (i) Waste which is exempted from regulation under subparagraph (1)(a) of Rule 0400-12-01-.02, subparts (1)(d)2(xiii), (xiv), (xv), and (xvi) of Rule 0400-12-01-.02, part (1)(d)3 of Rule 0400-12-01-.02, subpart (1)(a)4(ii) of Rule 0400-12-01-.04, and wastes delisted in accordance with 40 CFR 260.22.(ii) Waste which was discharged directly to any publicly owned treatment works (POTW), or any wastewater treatment plant permitted pursuant to Section 402 of the Federal Clean Water Act as amended ( Public Law 92-500) or the Tennessee Water Quality Control Act, T.C.A. § 69-3-101 et seq., (this includes permitted on-site wastewater treatment plants that discharge into the sewer system of a publicly owned treatment works). Wastes that generators transport off-site to a commercial facility which discharges to a publicly owned treatment works or a publicly owned wastewater treatment plant are not excluded from the amount of waste generated.(iii) Sludge from any publicly owned treatment works located in the state.(iv) Bottom boiler ash and flyash from incinerators which process solely municipal waste.(v) Hazardous waste or hazardous waste sludges produced as a result of on-site treatment of hazardous waste if the waste being treated is subject to fees under this rule. If the waste being treated is excluded from fees under this rule, the sludge resulting from the treatment of said waste is not excluded from these fees.(vi) Wastes which have been recycled on-site or transported off-site to be recycled, as the term "recycled" is defined in part (1)(a)3 of Rule 0400-12-01-.02.(vii) Hazardous wastes resulting from a spill (e.g. by a transporter in transit) of a hazardous waste or other material which, when spilled, becomes a hazardous waste.(viii) Hazardous wastes generated from remediation or corrective actions required by the Tennessee Hazardous Waste management Act of 1977 and 1983; the Resource Conservation and Recovery Act ( 42 U.S.C. 6901 et seq.); and the Comprehensive Environmental Response, Compensation and Liability Act ( 42 U.S.C. 9601 et seq.).(ix) Hazardous wastes resulting from the removal and associated clean-up of an underground storage tank that previously contained a hazardous waste or other material which, when discarded, leaked or spilled, becomes a hazardous waste.2. A person whose waste generation is excluded or reduced pursuant to part 1 of this subparagraph shall meet the generator annual reporting requirements of subparagraph (5)(b) of Rule 0400-12-01-.03.(e) Hazardous Waste Transporter Fee Each person issued a hazardous waste transporter permit pursuant to the Tennessee Hazardous Waste Management Act, T.C.A. § 68-212-101 et seq., is hereby assessed a fee of six hundred and fifty dollars ($650).
(f) Due Date of Fees, Reporting Requirements 1. All remedial action fees from in-state generators shall be paid to the Department on or before June 15th of each year.2. Commercial facilities collecting off-site shipping fees from out-of-state generators shall pay such fees to the Department on or before June 15th of each year.3. Transporters issued a transporter permit for any year prior to 1995 shall pay the assessed fee on or before the October 15th that immediately follows the issuance of the permit, if the fee was not paid upon issuance.4. Hazardous waste transporters renewing permits shall pay the fee assessed by subparagraph (e) of this paragraph at the time the permit is issued.5. If any part of any fee imposed pursuant to T.C.A. § 68-212-201 et seq. is not paid on or before the due date, the person or persons failing to pay such fee shall be subject to the following: (i) The assessment of interest in an amount equal to that allowed in T.C.A. § 47-14-103(3); and/or(ii) A civil penalty not to exceed ten thousand dollars ($10,000) for each day of violation or an amount equal to 5 percent (5%) per month of any unpaid balance, whichever is less.6. The Remedial Action Fee Report and supporting documentation consisting of copies of the Hazardous Waste Stream Reports and Off-Site Shipping Reports must be submitted to the department by generators of hazardous waste and hazardous waste waters by March 1st of each year. (i) Supporting documentation must be returned by all persons that generated and/or shipped 1200 kg or more of hazardous waste or hazardous wastewaters in the prior calendar year.(ii) Any person generating and/or shipping 1200 kg or more of hazardous waste or hazardous wastewaters who fails to submit the Remedial Action Fee Report and supporting documentation by April 1st of each year shall be subject to the assessment of a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) per day.(2) Cost Recovery (a) T.C.A. § 68-212-207 provides for the recovery of costs incurred as a result of investigation, identification, containment and cleanup, including monitoring and maintenance, of a hazardous substance site from an identified liable party or parties.(b) Liable parties, shall be responsible for their apportioned share of costs incurred by the State of Tennessee as a result of a response. Where costs are incurred by the State on any site, a liable party is subject to an action by the State for the recovery of direct, indirect and actual administrative/overhead expenses. Indirect and overhead charges shall be calculated and assessed on outstanding balances at the time of issuance for each billing. Monies received as payment on the part of a liable party shall be credited towards said party's share of the costs.Tenn. Comp. R. & Regs. 0400-15-01-.03
Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-13.Authority: T.C.A. §§ 68-212-201 et seq. and 4-5-201 et seq.