Section 6020.903 - Hazardous waste transportation and management fees(a) Assessment.--Fees shall be assessed for the transportation and management of hazardous waste in accordance with this section.(b) Transportation fee.--A transporter of hazardous waste shall be assessed a transportation fee for hazardous waste transported within this Commonwealth, whether originating in-State or out-of-State. For purposes of computing the fee, each shipment requiring the use of a hazardous waste manifest to or from a Pennsylvania hazardous waste facility or between two Pennsylvania hazardous waste facilities shall be considered a discrete transportation activity and shall be subject to the fee.(c) Management fee.--(1) The operator of a hazardous waste management facility in Pennsylvania shall be assessed a management fee for hazardous waste stored, treated or disposed of at a facility. No management fee shall be charged for hazardous wastes which are reused or recycled in accordance with department regulations. For purposes of this paragraph, incineration shall be considered a form of treatment rather than disposal.(2) A generator who disposes of hazardous waste at the site at which it was generated or at a captive disposal facility in Pennsylvania shall be assessed a fee for all hazardous waste disposed.(3) No management fee shall be assessed for hazardous waste storage or treatment at the site at which it was generated or at a captive facility in Pennsylvania.(4) No management fee shall be charged for waste stored prior to recycling at a legitimate commercial recycling facility.(d) Rates.--The following rates shall apply unless the secretary adjusts the fee schedule in accordance with subsection (g):(1) Transportation of hazardous waste (except as provided in paragraph (2)) - $3 per ton.(2) Transportation of hazardous waste to or from a recycler - $1.50 per ton.(3) Storage of hazardous waste at a commercial hazardous waste management facility - $2 per ton.(4) Treatment or incineration of hazardous waste at a commercial hazardous waste management facility - $5 per ton.(5) Disposal of hazardous waste at a commercial disposal facility - $12 per ton.(6) Disposal of hazardous waste on the site at which it was generated or at a captive facility - $8 per ton.(e) Conversion.--In the event that any hazardous waste is measured in units other than tonnage, the fee shall be levied on a conversion to tonnage determined by the department.(f) Cumulative nature.--(1) The transportation and management fees are cumulative.(2) When several management activities occur at the same facility, the operator shall be assessed only one management fee for each quantity of waste, which shall be the highest rate of the management activities involved.(3) However, when treatment or incineration prior to disposal results in a reduction in the tonnage of waste requiring disposal, the operator shall be assessed the disposal management fee for the waste requiring disposal after treatment or incineration and the treatment management fee for the rest of the waste which underwent treatment.(4) For the purposes of subsection (d)(2), the term "recycler" shall mean any verified recycling process which uses, reuses or reclaims hazardous waste or which generates hazardous waste as a by-product of the recycling process.(g) Adjustments.--The secretary may, by regulation, adjust the rates as appropriate in accordance with the following formula: (1) The fees shall be calculated and rates adjusted to collect projected annual revenues of $5,000,000 plus the reasonably projected administrative cost of collecting the fee.(2) Management fee rates shall encourage preferred hazardous waste management practices by establishing four fee categories with graduated fee schedules. The fee categories from lowest rate per ton to highest rate per ton shall be:(i) Hazardous waste stored at a hazardous waste management facility.(ii) Hazardous waste treated or incinerated at a hazardous waste management facility.(iii) Hazardous waste disposed of at a hazardous waste disposal facility at the site where the waste was generated or at a captive disposal facility.(iv) Hazardous waste disposed of at a commercial hazardous waste disposal facility.(3) No fee shall be charged for hazardous wastes which are recycled or reused in accordance with the department's regulations.(4) The department may exclude small quantity generators from the fees.(h) Annual disposal report.--(1) By March 1, 1989, and by March 1 of each year thereafter, a person who submitted for offsite disposal or who disposed of onsite more than 500 pounds of hazardous waste in this Commonwealth during the preceding calendar year shall report to the department the total amount of hazardous waste which that person has submitted for disposal or disposed of in this Commonwealth during the preceding calendar year. This subsection does not apply to a person who is already providing this information to the department.(2) The total amount of hazardous waste reported under this subsection shall be the total weight, measured in tons, of all components of the waste in the form in which the waste existed at the time of submission for disposal or at the time of disposal.(3) A person who fails to file the report required by this subsection shall be liable for a civil penalty not to exceed $500 for each day the violation continues. A person who knowingly fails to file the report commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not more than $25,000 or to imprisonment for not more than one year, or both.(i) Waste from cleanup.--The fees assessed pursuant to this section for the transportation, management or authorized disposal of hazardous waste shall not apply to hazardous waste that is derived from the cleanup of a site pursuant to this act, the Federal Superfund Act, the Solid Waste Disposal Act ( Public Law 89-272, 42 U.S.C.§ 6901 et seq.) or the Solid Waste Management Act. 1988 , Oct. 18, P.L. 756, No. 108, § 903, effective in 60 days.