(1) (a) The department shall charge and collect pollution prevention fees from any reporting facility which is required to file a report with the department pursuant to the federal act as follows:
Facilities required to report pursuant to section 11002 of the federal act shall pay anannual fee not to exceed ten dollars per reporting facility.
Each facility required to report pursuant to section 11022 of the federal act shall berequired to pay an annual fee not to exceed ten dollars for every hazardous substance located at the facility in excess of the thresholds adopted by the United States environmental protection agency.
Each facility required to report pursuant to section 11023 of the federal act shall payan annual fee not to exceed twenty-five dollars for every extremely hazardous substance located at the facility in excess of the thresholds adopted by the United States environmental protection agency.
(a.5) The department shall charge and collect pollution prevention fees from any federal agency from which, pursuant to federal Executive Order No. 12856, as published in 58 Fed. Reg. 41981 (1993), the department has the authority to collect pollution prevention fees.
Any retail motor fuel outlet which is required to report pursuant to the federal actshall pay one-half of the fee set forth in paragraph (a) of this subsection (1).
Any single reporting organization which owns or operates multiple reporting facilities shall not be required to pay more than a total of one thousand dollars for all pollution prevention fees required by this section.
Agricultural businesses which are required to report under the federal act are notrequired to pay the pollution prevention fees set forth in this subsection (1).
It is the intent of the general assembly that the department of public health and environment collect all fees from any reporting facility required to report under the federal act, including the pollution prevention fee, in a single, centralized billing procedure.
Any moneys collected pursuant to subsection (1) of this section shall be transmittedto the treasurer and credited to the pollution prevention fund created in section 25-16.5-109.
(Deleted by amendment, L. 95, p. 182, § 4, effective April 7, 1995.)
Source: L. 92: Entire article added, p. 1332, § 1, effective July 1. L. 94: (1)(e) amended, p. 2793, § 537, effective July 1. L. 95: (1)(a) and (3) amended and (1)(a.5) added, p.182, § 4, effective April 7.
Cross references: For the legislative declaration contained in the 1994 act amending subsection (1)(e), see section 1 of chapter 345, Session Laws of Colorado 1994.