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New Jersey hazmat transporters may see refund

Following the Environmental Protection Agency’s (EPA) recent announcement that it has extended the deadline for retail outlets to provide ultra-low sulfur diesel (ULSD) fuel at the 15 parts per million (ppm) level, the Engine Manufacturers Association (EMA) has re-affirmed the need for on-time delivery of the cleaner fuel

The American Trucking Assns. (ATA) has announced it has settled two challenges with the State of New Jersey regarding hazardous waste transporter flat annual charges.

The cases involve the State's annual per-truck hazardous waste transporter registration fee ($212 per combination unit) and the flat, per carrier annual business disclosure form fee referred to as A-901 program fees, ATA said in a news release. Under the settlement, the State will provide $8.25 million to pay refunds and counsel fees and further agrees to stop collecting additional A-901 fees until a new fee schedule is published and adopted.

The State has agreed to automatically make refunds based upon the record amount of fees paid without need of individual carrier claim filings. Refunds would be distributed by about the end of October 2005. A Notice to motor carriers eligible for refunds is expected to be sent out in early July fully describing the refund process and advising them of their right to comment on the settlement agreement, refund distribution plan, and attorneys' fees request.

The settlement is pending approval from the Tax Court.

For more information, contact Robert Digges, Jr. at 703-838-1889 or at [email protected].

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