Assigned to NREW FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
solid waste; fees; rules
Purpose
An emergency measure that requires the Arizona Department of Environmental Quality (ADEQ) to adopt rules and establish and modify fees for various solid waste programs.
Background
ADEQ, through the Director of ADEQ, must fulfill various duties, including adopting procedural rules that are necessary to implement the authority granted to ADEQ, and establishing and revising fees by rules for ADEQ to adequately perform its duties. These fees must be based on: 1) the direct and indirect costs of ADEQ's relevant duties; 2) the availability of other funds for the duties performed; 3) the impact of the fees on the parties subject to the fees; and 4) the fees charged for similar duties performed by ADEQ, other agencies, and the private sector (A.R.S. § 49-104).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, rather than allows, ADEQ to establish by rule a fee as a condition of licensure, including a maximum fee, for vehicles transporting human excreta from privies, septic tanks, cesspools and other treatment processes.
2. Adds to the requirement for ADEQ to adopt rules to define biohazardous medical waste and to regulate biohazardous medical waste and medical sharps, rules that require facilities that receive plan approval to pay an annual fee as established by rule.
3. Requires ADEQ to:
a) deposit fees collected from outlined facilities in the Solid Waste Fee Fund;
b) establish fees in rule for solid waste facilities;
c) deposit fees in the Solid Waste Fee Fund as outlined;
d) establish fees in rule relating to financial assurance;
e) require biosolid processing facilities and waste composting facilities that receive plan approval to pay an annual fee;
f) establish by rule the annual fee for biosolid processing facilities and waste composting facilities;
g) require an annual registration fee established by rule for handlers of used oil that are required to obtain a U.S. EPA identification number;
h) require facilities that generate, transport or receive special waste to pay an annual fee;
i) establish by rule an annual fee for special waste facilities; and
j) deposit outlined special waste fees in the Solid Waste Fee Fund.
4. Removes the requirement for public notice and comment and a review of the rules by the Joint Legislative Budget Committee for fee changes regarding:
a) waste tire collection sites;
b) the storage, disposal, discard or abandonment of used motor vehicle tires;
c) vehicles transporting human excreta from privies, septic tanks, cesspools and other treatment processes;
d) general permits for waste programs;
e) annual registration of solid waste landfills;
f) transporters of biohazardous medical waste;
g) special waste; and
h) special waste management plans.
5. Requires each used oil fuel transporter, used oil fuel marketer and used oil processor and re-refiner to submit to ADEQ a written report annually, rather than quarterly.
6. Exempts special waste facilities that pay registration fees from the prescribed fees.
7. Adds lead acid battery collection and recycling fees to the fees included in the Solid Waste Fee Fund.
8. Removes the prohibition for the Director of ADEQ, after September 30, 2013, to increase the fee for waste tire collection or for solid waste facility plans by rule without specific statutory authority for the increase.
9. Requires the Director of ADEQ to:
a) register collection and recycling facilities that accept lead acid batteries;
b) require collection and recycling facilities that handle lead acid batteries to pay an initial registration fee and annual fee established by rule;
c) deposit registration fees in the Solid Waste Fee Fund; and
d) establish by rule the fees, including any associated maximum fees, for the sale of tires.
10. Removes the requirement, in establishing or revising fees, for the Director of ADEQ to assess:
a) the availability of other funds for the duties performed;
b) the impact of the fees on the parties subject to the fees; and
c) the fees charged for similar duties performed by ADEQ, other agencies and the private sector.
11. Includes a statement of legislative intent.
12. Makes technical and conforming changes.
13. Becomes effective on signature of the Governor, if the emergency clause is enacted.
House Action
NREW 2/13/24 DP 9-0-0-1
3rd Read 2/22/24 49-9-1-0-1
Prepared by Senate Research
March 12, 2024
RA/slp