Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session
Section 25-16.5-107 - Pollution prevention fees(1)(a) The department shall charge and collect pollution prevention fees from any reporting facility that is required to file a report with the department pursuant to the federal act as follows: (I) Facilities required to report pursuant to section 11002 of the federal act shall pay an annual fee not to exceed ten dollars per reporting facility;(II) Each facility required to report pursuant to section 11022 of the federal act is required to pay an annual fee not to exceed ten dollars for every hazardous substance located at the facility in excess of the thresholds adopted by the United States environmental protection agency; and(III) Each facility required to report pursuant to section 11023 of the federal act shall pay an annual fee not to exceed twenty-five dollars for every extremely hazardous substance located at the facility in excess of the thresholds adopted by the United States environmental protection agency.(b) The department shall charge and collect pollution prevention fees from any federal agency from which, pursuant to federal Executive Order No. 12856, as published in 58 Fed. Reg. 41981 (1993), the department has the authority to collect pollution prevention fees.(c) Any retail motor fuel outlet that is required to report pursuant to the federal act shall pay one-half of the fee set forth in subsection (1)(a) of this section.(d) Any single reporting organization that owns or operates multiple reporting facilities is not required to pay more than a total of one thousand dollars for all pollution prevention fees required by this section.(e) Agricultural businesses that are required to report under the federal act are not required to pay the pollution prevention fees set forth in this subsection (1).(f) It is the intent of the general assembly that the department collect all fees from any reporting facility required to report under the federal act, including the pollution prevention fee, in a single, centralized billing procedure.(2) The department shall transmit any money collected pursuant to subsection (1) of this section to the state treasurer and the state treasurer shall credit the money to the pollution prevention fund created in section 25-16.5-108.Amended by 2024 Ch. 192,§ 1, eff. 7/1/2024.L. 92: Entire article added, p. 1331, § 1, effective July 1.