§ 27-0923. Special assessments on hazardous wastes generated.\n 1. On and after June first, nineteen hundred eighty-five, there is\nhereby imposed upon every person who is engaged within the state in the\ngeneration of hazardous waste identified or listed pursuant to this\ntitle a special assessment to be determined as follows:\n a. Twenty-seven dollars per ton of hazardous waste generated which is\ndisposed of in a landfill on the site where the waste is generated or\nwhich is designated for removal or removed from the site of generation\nfor disposal in a landfill or which is designated for removal or removed\nfrom the site of generation for storage prior to disposal in a landfill;\n b. Nine dollars per ton of hazardous waste generated which is\ndesignated for removal or removed from the site of generation for\nincineration or for storage prior to incineration;\n c. Two dollars per ton of hazardous waste generated which is\nincinerated on the site where the waste is generated;\n d. Sixteen dollars per ton of hazardous waste generated which is\ndesignated for removal or removed from the site of generation for\ntreatment or disposal, exclusive of disposal in a landfill or by\nincineration, or for storage prior to such treatment or disposal;\n e. Any residues which are hazardous wastes remaining from the\ntreatment of hazardous wastes in a facility located on the site where\nthe wastes are generated, and which are subsequently disposed of or\nincinerated on such site or which are subsequently designated for\nremoval or removed from the site of generation for disposal,\nincineration or treatment or for storage prior thereto, shall be subject\nto the special assessments imposed by this subdivision. Provided,\nhowever, any residues which are hazardous wastes remaining from the\nincineration of hazardous wastes in a facility located on the site where\nthe wastes are initially generated and which are subsequently disposed\nof in a landfill on such site shall not be subject to the special\nassessments imposed by this subdivision.\n f. Notwithstanding any provision of this section to the contrary, no\nspecial assessment shall be imposed under this section on the generation\nof universal wastes. For purposes of this paragraph, "universal wastes"\nshall mean those defined and listed in regulations promulgated pursuant\nto this title, provided that such wastes are regulated consistent with\nrules adopted by the administrator pursuant to RCRA for the management\nof universal wastes.\n 2. On or after June first, nineteen hundred eighty-five, there is\nhereby imposed upon persons holding permits or required to hold permits\nfor the storage, treatment or disposal of hazardous waste pursuant to\nsection 27-0913 of this title a hazardous waste disposal special\nassessment to be determined as follows:\n a. Twenty-seven dollars per ton of hazardous waste which is received\nfor disposal in a landfill or for storage prior to disposal in a\nlandfill;\n b. Nine dollars per ton of hazardous waste which is received for\nincineration or for storage prior to incineration;\n c. Sixteen dollars per ton of hazardous waste which is received for\ntreatment or disposal, exclusive of disposal in a landfill or by\nincineration, or for storage prior to such treatment or disposal;\n d. No special assessment shall be imposed under this subdivision upon\nreceipt for treatment or disposal, or storage prior thereto of hazardous\nwaste where such waste was generated by persons subject to the special\nassessment under subdivision one of this section.\n 3. a. Notwithstanding any provision of this section to the contrary,\nno special assessment shall be imposed under this section on the\nresource recovery of any hazardous waste; provided, however, that any\nmaterials remaining from resource recovery which are hazardous wastes\nand which are subsequently disposed of, treated, or incinerated, shall\nbe subject to the special assessments imposed by this section
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