§ 72-0402. Hazardous waste program fees.\n 1. a. For the period beginning January 1, 2010, all generators of\nequal to or greater than fifteen tons per year of hazardous waste shall\nsubmit annually to the department a fee in the amount of one hundred\nthirty dollars per ton of hazardous waste generated not to exceed\n$300,000, except not to exceed $400,000 for those with greater than\n4,000 tons generated and less than or equal to 10,000 tons generated,\nand not to exceed $800,000 for those with greater than 10,000 tons\ngenerated.\n b. $3,000 for generators of equal to or greater than fifteen tons per\nyear of hazardous wastewater, payable in addition to fees for hazardous\nwastes, other than wastewater, as required by paragraph a of this\nsubdivision.\n c. $6,000 for generators of equal to or greater than fifteen thousand\ntons per year of hazardous wastewater, payable in addition to the fees\nfor hazardous wastes, other than wastewater, as required by this\nsubdivision.\n d. No fee shall be payable for waste resulting from services which are\nprovided:\n (i) under a contract with the department, or with the department's\nwritten approval and in compliance with department regulations, or\npursuant to an order of the department, the United States environmental\nprotection agency or a court of competent jurisdiction, related to the\ncleanup or remediation of a hazardous materials or hazardous waste\nspill, discharge, or surficial cleanup, pursuant to this chapter; or\n (ii) under a contract for, or with the department's approval and in\ncompliance with department regulations for, the cleanup and removal of a\npetroleum spill or discharge, pursuant to subdivision seven of section\none hundred seventy-six of the navigation law; or\n (iii) under the order of a court, the department or the department of\nhealth, or the United States environmental protection agency related to\nan inactive hazardous waste disposal site pursuant to section 27-1313 of\nthis chapter, section thirteen hundred eighty-nine-b of the public\nhealth law, or the Comprehensive Environmental Response, Compensation\nand Liability Act (42 U.S.C. 9601 et seq.); or\n (iv) voluntarily and without expectation of monetary compensation in\naccordance with subdivision one of section 27-1321 of this chapter; or\n (v) under permit or order requiring corrective action pursuant to\ntitle nine of article twenty-seven of this chapter, title twenty-seven\nof article seventy-one of this chapter or the Resource Conservation and\nRecovery Act (42 U.S.C. 6901 et seq.); or\n (vi) under a brownfield site cleanup agreement with the department\npursuant to section 27-1409 of this chapter or under a written agreement\nwith a municipality which has entered into a memorandum of agreement\nwith the department related to the remediation of brownfield sites as of\nAugust fifth, two thousand ten; or\n (vii) under an environmental restoration project state assistance\ncontract with the department pursuant to section 56-0503 of this\nchapter.\n e. Notwithstanding any other provision of this section, no fee shall\nbe payable for the generation of universal wastes. For purposes of this\nparagraph, "universal wastes" shall mean those defined and listed in\nregulations promulgated pursuant to this title, provided that such\nwastes are regulated consistent with rules adopted by the administrator\npursuant to RCRA for the management of universal wastes.\n f. In any case where a generator either (i) recycles more than ninety\npercent of the total tons of hazardous waste or more than ninety percent\nof the total tons of hazardous wastewater which it generated during that\ncalendar year, as certified to the commissioner, or (ii) recycles more\nthan four thousand tons of hazardous waste or more than four thousand\ntons of hazardous wastewater which it generated in that calendar year,\nas certified to the commissioner, the fee imposed pursuant to this\nsection shall be calculated and impose
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