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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
hazardous waste manifest resubmittals; fees
Purpose
Repeals the authority for the Arizona Department of Environmental Quality (ADEQ) to require a person who improperly completes a hazardous waste manifest (manifest) to properly complete and resubmit the manifest with a $20 fee.
Background
The federal Solid Waste Disposal Act of 1965 (Act) authorized the U.S. Environmental Protection Agency (EPA) to delegate its regulatory authority over hazardous waste to any state that seeks to administer and enforce its own hazardous waste program. ADEQ administers a hazardous waste management program that complies with the Act and the EPA's regulations relating to hazardous waste management. A hazardous waste transporter must obtain a manifest from the hazardous waste generator to ensure that the waste is designated for treatment, storage or disposal in, and arrives at, a permitted treatment, storage or disposal facility. ADEQ may return an improperly completed manifest for a shipment of hazardous waste to the person who prepared the manifest and require the person to properly complete and resubmit the manifest with a $20 fee. All monies collected from manifest resubmittal fees are deposited into the Water Quality Assurance Revolving Fund (40 C.F.R. §§ 262 and 263; 42 U.S.C. §§ 6922 and 6926; and A.R.S. §§ 49-922 and 49-922.01).
Hazardous waste is garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, or other discarded material, that results from industrial, commercial, mining and agricultural operations or from community activities which because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed of or otherwise managed or any waste the Director of ADEQ identifies as hazardous (A.R.S. § 49-921).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Repeals the authority for ADEQ to return an improperly completed manifest for a shipment of hazardous materials to the person who prepared the manifest and require the person to properly complete and resubmit the manifest with a $20 fee.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
House Action
NREW 2/14/23 DP 10-0-0-0
3rd Read 2/22/23 60-0-0
Prepared by Senate Research
March 7, 2023
RA/FB/slp