1. (1) In determining the estimated annual program fee for existing treatment, storage or disposal facilities, the department will rely upon the annual reports required to be filed by TSDF's pursuant to title 9 of article 27 of the ECL.
2. (2) In determining the annual program fee for new treatment, storage or disposal facilities, the department will rely upon the plan of operation filed with its complete permit application pursuant to title 9 of article 28 of the ECL.

(a) Generators of hazardous waste.

In determining the estimated annual program fee for generators, the department will rely upon the annual reports and manifest data required to be filed by generators pursuant to title 9 of article 27 of the ECL. Unless a generator provides a density to the contrary, the assumed density for manifested shipments will be 8.3 pounds per gallon and 0.85 ton per cubic yard. Nothing in this section shall prevent the department from estimating the annual program fee from any other sources, especially when the department has reasonable cause to believe the generator has not complied with the reporting requirements of the ECL, its regulations or permits.

(b) Treatment, storage or disposal facilities.