Proposed ADEQ Fee Structure:
ADEQ Draft Solid Waste Fee Proposal
ADEQ Draft Hazardous Waste Fee Proposal
ADEQ will continue discussions on the proposed fee structure.
New Solid Waste Fee Increases:
As directed by the Legislature, ADEQ is increasing fees in a number of programs, including solid waste. The solid waste fee increases are anticipated to generate additional fee revenue of approximately $1.3 million next year that will be used to fund the services of ADEQ in fiscal year 2011. This will be accomplished by adjusting the following solid waste fees beginning July 1, 2010:
1. The Special Waste Management Fee will increase from $2.00 per ton to $10.00 per ton, and the maximum fee per generator site per year will be increased to $100,000.
2. ADEQ is increasing the Landfill Registration Fees from a range of $500.00 through $5000.00 to a range of $2,500.00 through $25,000.00.
3. ADEQ is increasing the hourly fee for solid waste plan review from $58.81/hour to $127.49 per hour.
Legislative Update:
The 49th Arizona Legislature adjourned its second regular session on April 30, 2010. SWANA tracked several bills throughout the session, with a summary of each bill and its fate provided in the attached update table (see link below).
Bills that passed and were signed into law and will become effective July 29, 2010, include:
HB2260 - Regarding regulatory rulemaking and the Governor's Regulatory Review Council
HB2423 - Regarding online provision of municipal and county budgets
HB2422 - Regarding limitations on State employees adopting greenhouse gas regulatory provisions
HB2604 - Regarding solid waste services and private enterprise.
House Bill 2604:
House Bill 2604 has been passed by the Arizona Legislature and signed into law by Governor Brewer on March 15, 2010. HB2604 prevents all municipalities, regardless of size, from prohibiting or restraining the private delivery of commercial or industrial recycling or solid waste management services. Previously, municipalities with a population of more than 60,000 persons were prohibited from unreasonably restraining the private delivery of commercial or industrial recycling or solid waste management services within that municipality. HB 2604 expands the prohibition to include municipalities with a population of less than 60,000 persons.
Note that basic provisions of the provision remain unchanged, in that municipalities are required to prescribe rules which promote competition and delivery for these services and that it is not considered an unreasonable restraint if the municipality limits the number of commercial or industrial solid waste service providers to one company per 60,000 persons, provided that at least seven companies are permitted. The new law does not extend the prohibition to multifamily housing, which was considered by the Senate but ultimately rejected in the final legislation.
For a legislative summary and the text of HB2604, click here.
