Waste Programs Division: Hazardous and Solid Waste Fee Rulemaking Activities

Background

Both the Hazardous Waste Program and the Solid Waste Program generate insufficient revenue to support the costs of the programs. In the past, these programs were subsidized by other funding sources; however, those sources are no longer available to supplement the significant gap between program revenue and program costs.

House Bill 2705 : In December 2010 and January 2011, the Department held discussions with stakeholders to inform them of the funding deficit for the Hazardous Waste Program and the Solid Waste Program and the need to obtain legislative authority to make the programs self-sufficient through fees. Representative Amanda Reeve sponsored legislation during the First Regular Session of 2011, House Bill 2705, to authorize ADEQ to write fee rules for specific activities in both programs. House Bill 2705 was passed by the Arizona Senate and the Arizona House of Representatives and subsequently signed by Governor Brewer on April 25, 2011, effective July 20, 2011. The law provided interim funding for the programs through June 30, 2012. The Hazardous Waste Program and the Solid Waste Program fees became effective July 01, 2012 for FY 2013 and are published in the Arizona Administrative Register (AAR).

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Formal Rulemaking Activities

The Notice of Docket Opening for each of these rulemakings was published in the Arizona Administrative Register on September 16, 2011 (17 A.A.R. 1822) . The Notice of Proposed Rulemaking for the Hazardous Waste Program Fees was published in the Arizona Administrative Register on September 30, 2011 (17 A.A.R. 1916) . The Notice of Proposed Rulemaking for the Solid Waste Program Fees was also published on September 30, 2011 (17 A.A.R. 1929) .

Both rule packages received a favorable review from the Joint Legislative Budget Committee on April 03, 2012 and were approved by the Governor's Regulatory Review Council on May 01, 2012. The Notice of Final Rulemaking for the Hazardous Waste Program Fees was published on May 25, 2012 (18 A.A.R 1202) . The Notice of Final Rulemaking for the Solid Waste Program Fees was also published on May 25, 2012 (18 A.A.R. 1217) . The Hazardous Waste Program and the Solid Waste Program fees became effective July 01, 2012.

Informal Rulemaking Activities

Hazardous Waste Program

July 28, 2011 PUBLIC MEETING: Waste Programs Division: Review of Draft Rule Language for Hazardous Waste Fees
Summary: ADEQ provided responses to public comments received on the June 28, 2011, version of the draft rules.
Documents
Public Comments

June 30, 2011 PUBLIC MEETING: Waste Programs Division: Review of Draft Rule Language for Hazardous Waste Fees
Summary: Provided background information on program funding and staffing levels. Meeting participants were encouraged to provide feedback.
Documents
Public Comments Comments on the draft rule were solicited by ADEQ with a copy going to Arizona State Representative Amanda A. Reeve, Chairman of the Environment Committee.

Solid Waste Program

July 28, 2011 PUBLIC MEETING: Waste Programs Division: Review of Draft Rule Language for Solid Waste Fees
Summary: ADEQ provided responses to public comments received on the June 28, 2011, version of the draft rules.
Documents
Public Comments

June 30, 2011 PUBLIC MEETING: Waste Programs Division: Review of Draft Rule Language for Solid Waste Fees
Summary: Provided background information on program funding and staffing levels. Meeting participants were encouraged to provide feedback.
Documents
Public Comments Comments on the draft rule were solicited by ADEQ with a copy going to Arizona State Representative Amanda A. Reeve, Chairman of the Environment Committee.