Subchapter E. MANIFEST SYSTEM, RECORDKEEPING
AND REPORTING

 Regarding the requirements incorporated by reference, the substitution of terms in §  260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR 265.71 (relating to use of manifest system).

   The provisions of this §  265a.71 amended under sections 105, 402 and 501 of the Solid Waste Management Act (35 P. S. § §  6018.105, 6018.402 and 6018.501); sections 303 and 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. § §  6020.303 and 6020.305(e)(2)); section 5, 402 and 501 of The Clean Streams Law (35 P. S. § §  691.5, 691.402 and 691.501); and section 1920-A of The Administrative Code of 1929 (71 P. S. § §  510-20).

 (a)  The owner or operator of a hazardous waste management facility shall remit to the Department a hazardous waste management fee based on the total number of tons, or portion thereof, treated, stored or disposed at that facility.

 (b)  A hazardous waste management fee will not be assessed for:

   (1)  Storage or treatment of hazardous waste at the site at which it was generated.

   (2)  Storage or treatment at a captive facility.

   (3)  Storage of hazardous waste prior to recycling at a commercial recycling facility which meets the requirements of this article.

   (4)  Hazardous waste derived from the cleanup of a site under the Hazardous Sites Cleanup Act, the Federal Superfund Act, Title II of the Solid Waste Disposal Act (42 U.S.C.A. § §  6901—6987) or the act.

 (c)  The owner or operator shall remit hazardous waste management fees quarterly along with the forms required by §  265a.79 (relating to documentation of hazardous waste management fee submission) postmarked or delivered to the Department by the 20th day of the month following the quarter ending the last day of March, June, September and December of each year. If the submission date falls on a weekend or State holiday, the report shall be postmarked or received by the Department on or before the next business day after the 20th.

 (d)  Payment shall be by check or money order, payable to ‘‘The Hazardous Sites Cleanup Fund,’’ and shall be forwarded along with the required forms to the Department at the address specified on the form. Alternative payment methods may be accepted with prior written approval of the Department.

 (e)  For purposes of assessing fees, incineration is considered to be treatment. A fee will not be assessed for the incineration of hazardous waste at an onsite or captive incineration facility.

 (f)  Fees shall be calculated based on standard tons.

   (1)  For purposes of this section:

     (i)   A standard ton equals 2,000 pounds.

     (ii)   A metric ton shall be converted to a standard ton by dividing the metric ton by a factor of 0.91.

   (2)  Liquid wastes shall be converted to tons as follows:

     (i)   Standard measure gallons shall be converted to tons using a factor of 8.0 pounds per gallon.

     (ii)   Liters shall be converted to tons using a factor of 2.1 pounds per liter.

   (3)  Cubic yards and cubic meters shall be converted to standard tons using a factor of 1 ton per each of these units, or part thereof.

 (g)  Quantities reported shall be as indicated on the manifest by the treatment, storage or disposal facility designated on the manifest or, if not indicated by that facility, as specified on the manifest by the generator.

 (h)  Except as provided in subsection (i), if more than one hazardous waste management activity occurs at the same commercial hazardous waste management facility, the owner or operator shall pay a single fee per ton, or fraction thereof, which shall be the highest rate of the management activities involving each individual waste stream at that facility.

 (i)  When treatment or incineration prior to disposal results in a reduction in the tonnage of waste requiring disposal, the operator shall be assessed the disposal management fee for the waste requiring disposal after treatment or incineration, and the treatment management fee for the remainder of the waste which underwent treatment.

 (a)  The owner or operator of a hazardous waste management facility required to submit hazardous waste management fees under §  264a.78 (relating to hazardous waste management fee) shall submit specific information to the Department to document that the amount of fees submitted under §  264a.78 is accurate. This information shall be submitted on forms provided or approved by the Department and completed in conformance with instructions provided.

   (1)  The owner or operator of a commercial facility, including onsite facilities which accept hazardous waste generated offsite, shall submit forms ER-WM-55D, ER-WM-55E and ER-WM-55F, or successor documents. If no hazardous waste management activities subject to the fees have occurred during a quarter, documentation to that effect shall be submitted on form ER-WM-55D only.

   (2)  The owner or operator of an offsite captive disposal facility shall submit forms ER-WM-55I, ER-WM-55L, ER-WM-55M and ER-WM-55N, or successor documents. If no hazardous waste management activities subject to the fees have occurred during a quarter, documentation to that effect shall be submitted on form ER-WM-55I only.

   (3)  The owner or operator of an onsite captive disposal facility which does not accept wastes generated offsite shall submit forms ER-WM-55I, ER-WM-55J and ER-WM-55K, or successor documents. If no hazardous waste management activities subject to the fees have occurred during a quarter, documentation to that effect shall be submitted on form ER-WM-55I only.

 (b)  The owner or operator of a hazardous waste management facility shall, upon request from the Department, provide additional information or documentation regarding its hazardous waste management activities necessary for the Department to assess the accuracy of the information contained on the required forms and the amount of fees due.

 (a)  The owner or operator of a hazardous waste management facility shall annually pay an administration fee to the Department according to the following schedule:

   (1)  Land disposal facilities—$2,500.

   (2)  Surface impoundments—$2,500.

   (3)  Commercial treatment—$2,000.

   (4)  Captive treatment—$700.

   (5)  Storage—$550.

   (6)  Incinerators—$1,300.

 (b)  The administration fee shall be in the form of a check made payable to the ‘‘Commonwealth of Pennsylvania’’ and be paid on or before the first of March to cover the preceding year.

 (c)  If more than one permitted activity is located at a site, or more than one activity occurs, the fee shall be cumulative.

 A nonrefundable administration fee in the form of a check payable to the ‘‘Commonwealth of Pennsylvania’’ shall be forwarded to the Department within 30 days after receiving the final volumes of waste, and on or before January 20th of each succeeding year until the requirements of §  264a.115 (relating to certification of closure) are met. The fee shall be:

   (1)  Land disposal facilities—$100.

   (2)  Impoundments—$100.

   (3)  Other facilities—$50.

   The provisions of this §  265a.83 amended under sections 105, 402 and 501 of the Solid Waste Management Act (35 P. S. § §  6018.105, 6018.402 and 6018.501); sections 303 and 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. § §  6020.303 and 6020.305(e)(2)); section 5, 402 and 501 of The Clean Streams Law (35 P. S. § §  691.5, 691.402 and 691.501); and section 1920-A of The Administrative Code of 1929 (71 P. S. § §  510-20).

   The provisions of this §  265a.83 amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 201. Immediately preceding text appears at serial pages (254971) to (254972).

   This section cited in 25 Pa. Code §  261a.6 (relating to requirements for recyclable materials); and 25 Pa. Code §  270.201 (relating to incorporation by reference, scope and applicability).