As Amended
SEC. 49-31-25. Pollution prevention fee; penalty for failure to pay.
(1) There is imposed upon each large quantity generator and each small quantity
generator that is regulated under the Mississippi hazardous waste management
regulations and each facility operator, a pollution prevention fee. The fee upon
each large quantity generator and each small quantity generator shall be measured
by the quantity of hazardous waste which that generator generates annually. The
fee upon each facility operator shall be measured by the quantity of chemicals
which each facility releases annually and reports pursuant to Section 313 of
EPCRA. For a fee payer that is both a large quantity hazardous waste generator
and a facility operator, the fee shall be measured by adding the quantity of
fugitive and stack air emissions reported under Section 313 of EPCRA plus the
quantity of hazardous waste generated annually. For a fee payer that is both a
small quantity hazardous waste generator and a facility operator, the fee shall
be measured by the quantity of chemicals released as reported pursuant to Section
313 of EPCRA. The fee shall be assessed in an amount according to the following
schedule:
TONS GENERATED/RELEASED ANNUAL FEE
0.01 to 9.99 $ 250.00
10.00 to 99.99 $ 500.00
100.00 to 999.99 $ 1,500.00
1,000.00 to 9,999.99 $ 2,500.00
10,000.00 to 49,999.99 $ 10,000.00
50,000.00 and above $ 50,000.00
specified by the department in the invoice which shall be no less than thirty (30) days following receipt of an
invoice from the department, whichever is later. The fee shall be based on the quantity of hazardous waste
generated and/or chemicals released during the preceding calendar year. The department shall annually prepare
an invoice for the amount of the pollution prevention fee due from each generator or facility operator and furnish it
to each generator or facility operator. The proceeds of the fee shall be deposited into the Multimedia Pollution
Prevention Fund created in Section 49-31-23.
(2) From and after July 1, 1995, the department shall exclude from the calculation of the pollution prevention fee
any hazardous waste recycled on-site or shipped off-site for recycling as reported on the Mississippi Annual
Hazardous Waste Report or its equivalent and any chemicals recycled on-site or shipped off-site for recycling as
reported under Section 313 of EPCRA. The hazardous waste generator or the facility operator shall submit any
information the department deems necessary to substantiate that the hazardous waste or chemicals were recycled.
(3) At the discretion of the commission, a generator or facility operator shall be liable for a penalty not to exceed
three (3) times the amount of the fee due and payable for failure to pay the fee on or before the due date, plus the
amount necessary to reimburse the cost of collection.
(4) From and after July 1, 1995, the department shall exclude from any calculation of pollution prevention fee any
hazardous waste or chemical for which a Title V permit fee is assessed to the same generator or facility operator.
SOURCES: Laws, 1990, ch. 507, Sec. 14, eff from and after June 1, 1990. Laws, 1994, ch. 637 Sec. 10; 1995, ch. 560, Sec. 1, eff from and after passage (approved April 6, 1995)