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Senate Bill No. 424

PUBLIC ACT NO. 96-92

AN ACT CONCERNING THE HAZARDOUS WASTE ASSESSMENT ON WASTE FROM PROPERTY REMEDIATION PROJECTS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Subsection (a) of section 22a-132 of the general statutes, as amended by section 1 of public act 95-92 and section 8 of public act 95-208, is repealed and the following is substituted in lieu thereof:

(a) There shall be paid to the Commissioner of Revenue Services by (1) a generator of hazardous waste required to file a manifest pursuant to the Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.), as from time to time amended, and regulations adopted by the Department of Environmental Protection, (2) a treatment facility required to file a manifest for hazardous wastes resulting from their treatment process and (3) a generator of hazardous waste shipping hazardous waste to treatment or disposal facilities located in the state, an assessment of (A) five cents per gallon of metal hydroxide sludge from wastewater treatment of electroplating or metal finishing operations and six cents per gallon of any other hazardous waste entered on a manifest in gallons, (B) one-half of one cent per pound of metal hydroxide sludge from wastewater treatment of electroplating or metal finishing operations and three-quarters of one cent per pound of any other hazardous waste entered on a manifest in pounds or (C) ten dollars per cubic yard of metal hydroxide sludge from wastewater treatment of electroplating or metal finishing operations and twelve dollars for any other hazardous waste entered on a manifest in cubic yards. The following shall not be subject to assessment: (i) Any hazardous waste that is recycled, (ii) any residue resulting from the processing or treatment of a hazardous waste at a facility approved in accordance with the Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.), as from time to time amended, provided such residue is derived from hazardous waste received at the facility under a manifest [and] (iii) any hazardous waste for which an assessment was paid during the course of handling AND (iv) ANY HAZARDOUS WASTE REMOVED OR RELOCATED AS A RESULT OF A PROJECT TO REMEDIATE CONTAMINATED REAL PROPERTY. All assessments shall be due and payable to the Commissioner of Revenue Services quarterly on or before the last day of the month immediately following the end of each calendar quarter. If the total assessment payable by any such generator or treatment facility for any calendar quarter is less than five dollars, such generator or treatment facility shall not be required to pay an assessment for such quarter. The generator or treatment facility shall note reshipment on a manifest in such manner as the commissioner deems necessary. For the purposes of this section, "recycled" means waste that is processed to recover a usable product, or is regenerated or reused. Burning for heat value shall not be considered recycling.

Approved May 8, 1996. Effective October 1, 1996.

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