34A-11-12. Facility permits required--Issuance, modification, revocation, suspension, or denial--Term--Civil penalty for violation.

No hazardous waste treatment, storage, or disposal management facility may be owned, constructed, modified, or operated except in accordance with a permit issued by the Board of Minerals and Environment. A violation of this section is subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both.

The board may issue, modify, suspend, revoke, or deny permits, in accordance with chapter 1-26, for the ownership, construction, modification, and operation of hazardous waste treatment, storage, and disposal management facilities. Any permit granted by the board under this section is initially valid for two years from the date of issuance and may be renewed for periods of five years.

Source: SL 1983, ch 262, § 12; SL 1990, ch 289, § 1; SL 1992, ch 158, § 53.

34A-11-12.1. Fees for applications, amendments, and renewals--Costs assessed--Schedule of costs and fees.

The department shall assess an initial application fee of fifty thousand dollars for the processing of all hazardous waste disposal facility applications. The department shall assess a fee of twenty-five thousand dollars for the processing of all hazardous waste disposal facility amendments and renewals. The applicant shall pay the fee upon the filing of an application, amendment, or renewal for a hazardous waste disposal facility. In addition to this fee, the department may assess the applicant those amounts in excess of the initial filing fee for expenses associated with processing the application, amendment, or renewal. The department shall provide the applicant with an itemized statement of all costs associated with the processing of the application, amendment, or renewal. The applicant shall submit payment of all costs in excess of the initial fee within thirty days of the receipt of the statement. The combined initial fee and additional expenses assessed an applicant may not exceed one hundred seventy-five thousand dollars. All fees assessed under this section shall be payable to the Department of Agriculture and Natural Resources for deposit in the hazardous waste revolving fund established pursuant to § 34A-11-24. The incineration or thermal destruction of hazardous waste shall be considered disposal for the purpose of this section.

Source: SL 1990, ch 289, § 2; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.