25205.1. For purposes of this article, the following definitions
apply:
(a) "Board" means the State Board of Equalization.
(b) "Facility" means any units or other structures, and all
contiguous land, used for the treatment, storage, disposal, or
recycling of hazardous waste, for which a permit or a grant of
interim status has been issued by the department for that activity
pursuant to Article 9 (commencing with Section 25200).
(c) "Large storage facility," in those cases in which total
storage capacity is provided in a permit, interim status document, or
federal Part A application for the facility, means a storage
facility with capacity to store 1,000 or more tons of hazardous
waste. In those cases in which it is not so provided, "large storage
facility" means a storage facility that stores 1,000 or more tons of
hazardous waste during any one month of the current reporting period
commencing on or after July 1, 1991.
(d) "Large treatment facility," in those cases in which total
treatment capacity is provided in a permit, interim status document,
or federal Part A application for the facility, means a treatment
facility with capacity to treat, land treat, or recycle 1,000 or more
tons of hazardous waste. In those cases in which it is not so
provided, "large treatment facility" means a treatment facility that
treats, land treats, or recycles 1,000 or more tons of hazardous
waste during any one month of the current reporting period commencing
on or after July 1, 1991.
(e) "Generator" means a person who generates hazardous waste at an
individual site commencing on or after July 1, 1988. A generator
includes, but is not limited to, a person who is identified on a
manifest as the generator and whose identification number is listed
on that manifest, if that identifying information was provided by
that person or by an agent or employee of that person.
(f) "Ministorage facility," in those cases in which total storage
capacity is provided in a permit, interim status document, or federal
Part A application for the facility, means a storage facility with
capacity to store 0.5 tons (1,000 pounds) or less of hazardous waste.
In those cases in which it is not so provided, "ministorage facility"
means a storage facility that stores 0.5 tons (1,000 pounds) or less
of hazardous waste during any one month of the current reporting
period commencing on or after July 1, 1991.
(g) "Minitreatment facility," in those cases in which total
treatment capacity is provided in a permit, interim status document,
or federal Part A application for the facility, means a treatment
facility with capacity to treat, land treat, or recycle 0.5 tons
(1,000 pounds) or less of hazardous waste. In those cases in which it
is not so provided, "minitreatment facility, means a treatment
facility that treats, land treats, or recycles 0.5 tons (1,000
pounds) or less of hazardous waste during any one month of the
current reporting period commencing on or after July 1, 1991.
(h) "Site" means the location of an operation that generates
hazardous wastes and is noncontiguous to any other location of these
operations owned by the generator.
(i) "Small storage facility," in those cases in which total
storage capacity is provided in a permit, interim status document, or
federal Part A application for the facility, means a storage
facility with capacity to store more than 0.5 tons (1,000 pounds),
but less than 1,000 tons of hazardous waste. In those cases in which
it is not so provided, "small storage facility" means a storage
facility that stores more than 0.5 tons (1,000 pounds), but less than
1,000 tons, of hazardous waste during any one month of the current
reporting period commencing on or after July 1, 1991.
(j) "Small treatment facility," in those cases in which total
treatment capacity is provided in a permit, interim status document,
or federal Part A application for the facility, means a treatment
facility with capacity to treat, land treat, or recycle more than 0.5
tons (1,000 pounds), but less than 1,000 tons of hazardous waste. In
those cases in which this is not provided, "small treatment facility"
means a treatment facility that treats, land treats, or recycles
more than 0.5 tons (1,000 pounds), but less than 1,000 tons, of
hazardous waste during any month of the current reporting period
commencing on or after July 1, 1991.
(k) "Unit" means a hazardous waste management unit, as defined in
regulations adopted by the department. If an area is designated as a
hazardous waste management unit in a permit, it shall be conclusively
presumed that the area is a "unit."
(l) "Class 1 modification," "class 2 modification," and "class 3
modification" have the meanings provided in regulations adopted by
the department.
(m) "Hazardous waste" has the meaning provided in Section 25117.
The total tonnage of hazardous waste, unless otherwise provided by
law, includes the hazardous substance as well as any soil or other
substance that is commingled with the hazardous substance.
(n) "Land treat" means to apply hazardous waste onto or
incorporate it into the soil surface for the sole and express purpose
of degrading, transforming, or immobilizing the hazardous
constituents.
(o) "Treatment," "storage," and "disposal" mean only that
treatment, storage, or disposal of hazardous waste engaged in at a
facility pursuant to a permit or grant of interim status issued by
the department pursuant to Article 9 (commencing with Section 25200).
Treatment, storage, or disposal that does not require this permit or
grant of interim status shall not be considered treatment, storage,
or disposal for purposes of this article.
(1) "Disposal" includes only the placement of hazardous waste onto
or into the ground for permanent disposition and does not include
the placement of hazardous waste in surface impoundments, as defined
in regulations adopted by the department, or the placement of
hazardous waste onto or into the ground solely for purposes of land
treatment.
(2) "Storage" does not include the ongoing presence of hazardous
wastes in the ground or in surface impoundments after the facility
has permanently discontinued accepting new hazardous wastes for
placement into the ground or into surface impoundments.
25205.2. (a) Except as provided in subdivisions (c) and (h), in
addition to the fees specified in Section 25174.1, each operator of a
facility shall pay a facility fee for each reporting period, or any
portion thereof, to the board based on the size and type of the
facility, as specified in Section 25205.4. On or before January 31 of
each calendar year, the department annually shall notify the board
of all known facility operators by facility type and size. The
department shall also notify the board of any operator who is issued
a permit or grant of interim status within 30 days from the date that
a permit or grant of interim status is issued to the operator. The
fee specified in this section does not apply to facilities exempted
pursuant to Section 25205.12.
(b) The board shall deposit all fees collected pursuant to
subdivision (a) in the Hazardous Waste Control Account in the General
Fund. The fees so deposited may be expended by the department, upon
appropriation by the Legislature, for the purposes specified in
subdivision (b) of Section 25174.
(c) Notwithstanding subdivision (a), a person who is issued a
variance by the department from the requirement of obtaining a
hazardous waste facilities permit or grant of interim status is not
subject to the fee, for any reporting period following the reporting
period in which the variance was granted by the department.
(d) Operators subject to facility fee liability pursuant to this
section shall pay the following amounts:
(1) The operator shall pay the applicable facility fee for each
reporting period in which the facility actually engaged in the
treatment, storage, or disposal of hazardous waste.
(2) The operator shall pay the applicable facility fee for one
additional reporting period immediately following the final reporting
period in which the facility actually engaged in that treatment or
storage. For the 1994 reporting period and thereafter, the facility's
size for that additional reporting period shall be deemed to be the
largest size at which the facility has ever been subject to the fee.
If the department previously approved a unit or portion of the
facility for a variance, closure, or permit-by-rule, the facility's
size for that reporting period shall be deemed to be its largest size
since the department granted the approval.
(3) The operator of a disposal facility shall pay twice the
applicable facility fee for one additional reporting period
immediately following the final reporting period in which the
facility actually engaged in disposal of hazardous waste.
(4) For the 1994 reporting period and thereafter, a facility shall
not be deemed to have stopped treating, storing, or disposing of
hazardous waste unless it has actually ceased that activity and has
notified the department of its intent to close.
(5) If the reporting period which immediately followed the final
reporting period in which a facility actually engaged in the
treatment, storage, or disposal of the hazardous waste was the
six-month period from July 1, 1991, through December 31, 1991, the
operator shall be subject to twice the fee otherwise applicable to
that operator for that reporting period under paragraphs (2) and (3).
(e) No facility shall be subject to a facility fee for treatment,
storage, or disposal, if that activity ceased before July 1, 1986,
and if the fee for the activity was not paid prior to January 1,
1994.
(f) Notwithstanding any other provision of this section, a person
who ceased actual treatment, storage, or disposal of hazardous waste,
whether generated onsite or received from offsite, before July 1,
1986, and who paid facility fees for any reporting period after that
date pursuant to a decision of the State Board of Equalization, and
who filed a claim for refund of those fees on or before January 1,
1994, shall be entitled to a refund of those amounts.
(g) Facility operators who treated, stored, or disposed of
hazardous waste on or after July 1, 1986, shall be subject to the
provisions of this section which were in effect prior to January 1,
1994, as to payments which their operators made prior to January 1,
1994. The operators shall be subject to subdivision (d) as to any
other liability for the facility fee.
(h) A treatment facility is not subject to the facility fee
established pursuant to this section, if the facility engages in
treatment exclusively to accomplish a removal or remedial action or a
corrective action in accordance with an order issued by the
Environmental Protection Agency pursuant to the federal act or in
accordance with an order issued by the department pursuant to Section
25187, if the facility was put in operation solely for purposes of
complying with that order. The department shall instead assess a fee
for that facility for the actual time spent by the department for the
inspection and oversight of that facility. The department shall base
the fee on the department's work standards and shall assess the fee
on an hourly basis.
(i) Notwithstanding subdivision (a), a facility operating pursuant
to a standardized permit or grant of interim status, as specified in
Section 25201.6, shall receive a credit for the annual facility fee
imposed by this section for a period of time equal to the number of
years that the facility lawfully operated prior to September 21,
1993, pursuant to a hazardous waste facilities permit or other grant
of authorization and paid facility fees for the operation of the
facility pursuant to this section.
25205.3. The following facilities are exempt from the fees imposed
by this article:
(a) Any household hazardous waste collection facility operated
pursuant to Article 10.8 (commencing with Section 25218).
(b) Any facility operated by a local government agency, or by any
person operating a hazardous waste collection program under an
agreement with a public agency, which is used for wastes which meet
the requirements of paragraph (3) of subdivision (a) of Section
25174.7.
(c) That portion of a solid waste facility permitted pursuant to
Chapter 3 (commencing with Section 44001) of Part 4 of Division 30 of
the Public Resources Code, which is used for the segregation,
handling, and storage of hazardous waste separated from solid waste
loads received by the facility, pursuant to a load checking program.
(d) A facility used solely for the treatment, storage, disposal,
or recycling of hazardous waste which results when a public agency or
its contractor investigates, removes, or remedies a release of
hazardous waste caused by another person.
(e) (1) For purposes of fees assessed in any reporting period
beginning July 1, 1990, or subsequently, a facility which has been
issued a permit for the purpose of storing hazardous waste onsite,
and whose permit has expired, if all of the following has occurred:
(A) The facility has received no waste from offsite since the
permit expired.
(B) The owner or operator gave the department timely notification
of intent to close the facility, pursuant to regulations adopted by
the department.
(C) At least 90 days have elapsed since the owner or operator gave
the department that notification.
(D) The department did not complete its review of the closure plan
within 90 days of receiving the notification.
(2) This exclusion shall take effect the reporting period
following the reporting period in which the facility first satisfied
the requirements of paragraph (1) and did not accumulate waste onsite
for more than 90 consecutive days.
25205.4. (a) The base rate for the 1997 reporting period for the
facility fee imposed by Section 25205.2 is nineteen thousand seven
hundred sixty-one dollars ($19,761). Commencing with the 1998
reporting period, and for each reporting period thereafter, the board
shall adjust the base rate annually to reflect increases or
decreases in the cost of living during the prior fiscal year, as
measured by the Consumer Price Index issued by the Department of
Industrial Relations or by a successor agency.
(b) The determination of the facility fee pursuant to this
section, including the redetermination of the base rate, is exempt
from Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
(c) Except as provided in subdivision (e), in computing the
facility fees, all of the following shall apply:
(1) The fee to be paid by a ministorage facility shall equal 25
percent of the base facility rate.
(2) The fee to be paid by a small storage facility shall equal the
base facility rate.
(3) The fee to be paid by a large storage facility shall equal
twice the base facility rate.
(4) The fee to be paid by a minitreatment facility shall equal 50
percent of the base facility rate.
(5) The fee to be paid by a small treatment facility shall equal
twice the base facility rate.
(6) The fee to be paid by a large onsite treatment facility shall
equal three times the base facility rate.
(7) The fee to be paid by a large offsite treatment facility shall
be as follows:
(A) The annual facility fees for 1998, 1999, and 2000 shall equal
2.25 times the base facility rate.
(B) Beginning with the annual facility fee for 2001, the annual
facility fee shall equal three times the base facility rate.
(8) The fee to be paid by a disposal facility shall equal 10 times
the base facility rate.
(9) (A) The fee to be paid by a facility with a postclosure permit
shall be five thousand seven hundred twenty-five dollars ($5,725)
annually for a small facility, eleven thousand four hundred fifty
dollars ($11,450) annually for a medium facility, and seventeen
thousand one hundred seventy-five dollars ($17,175) for a large
facility during the first five years of the postclosure period. The
fee to be paid by a facility with a postclosure permit during the
remaining years of the postclosure care period shall be three
thousand fifty dollars ($3,050) annually for a small facility, six
thousand one hundred dollars ($6,100) annually for a medium facility,
and ten thousand three hundred dollars ($10,300) annually for a
large facility.
(B) The fees required by subparagraph (A) shall be reduced by 50
percent for any facility for which an agency, other than the
department, is the lead agency pursuant to paragraph (1) of
subdivision (b) of Section 25204.6.
(d) If a facility falls into more than one category listed in
either subdivision (c) or (e), or any combination thereof, or
multiple operations under a single hazardous waste facilities permit
or grant of interim status fall into more than one category listed in
subdivision (c) or (e), or any combination thereof, the facility
operator shall pay only the rate for the facility category which is
the highest rate.
(e) Notwithstanding subdivision (c), the facility fee for a
facility that has been issued a standardized permit shall be as
follows:
(1) The fee to be paid for a facility that has been issued a
Series A standardized permit shall be eleven thousand seven hundred
thirty dollars ($11,730).
(2) The fee to be paid for a facility that has been issued a
Series B standardized permit shall be five thousand four hundred
ninety-seven dollars ($5,497).
(3) Except as specified in paragraph (4), the fee to be paid for a
facility that has been issued a Series C standardized permit shall
be four thousand six hundred seventeen dollars ($4,617).
(4) The fee for a facility that has been issued a Series C
standardized permit is two thousand three hundred eight dollars
($2,308) if the facility meets all of the following conditions:
(A) The facility treats not more than 1,500 gallons of liquid
hazardous waste and not more than 3,000 pounds of solid hazardous
waste in any calendar month.
(B) The total facility storage capacity does not exceed 15,000
gallons of liquid hazardous waste and 30,000 pounds of solid
hazardous waste.
(C) If the facility both treats and stores hazardous waste, the
facility does not exceed the volume limitations specified in
subparagraphs (A) and (B) for each individual activity.
(f) The fee imposed pursuant to this section shall be paid in
accordance with Part 22 (commencing with Section 43001) of Division 2
of the Revenue and Taxation Code.
25205.5. (a) In addition to the fee imposed pursuant to Section
25174.1, every generator of hazardous waste, in the amounts specified
in subdivision (c), shall pay the board a generator fee for each
generator site for each calendar year, or portion thereof, unless the
generator has paid a facility fee or received a credit, as specified
in Section 25205.2, for each specific site, for the calendar year
for which the generator fee is due.
(b) The base fee rate for the fee imposed pursuant to subdivision
(a) is two thousand seven hundred forty-eight dollars ($2,748).
(c) (1) Each generator who generates an amount equal to, or more
than, five tons, but less than 25 tons, of hazardous waste during the
prior calendar year shall pay 5 percent of the base rate.
(2) Each generator who generates an amount equal to, or more than,
25 tons, but less than 50 tons, of hazardous waste during the prior
calendar year shall pay 40 percent of the base rate.
(3) Each generator who generates an amount equal to, or more than,
50 tons, but less than 250 tons, of hazardous waste during the prior
calendar year shall pay the base rate.
(4) Each generator who generates an amount equal to, or more than,
250 tons, but less than 500 tons, of hazardous waste during the
prior calendar year shall pay five times the base rate.
(5) Each generator who generates an amount equal to, or more than,
500 tons, but less than 1,000 tons, of hazardous waste during the
prior calendar year shall pay 10 times the base rate.
(6) Each generator who generates an amount equal to, or more than,
1,000 tons, but less than 2,000 tons, of hazardous waste during the
prior calendar year shall pay 15 times the base rate.
(7) Each generator who generates an amount equal to, or more than,
2,000 tons of hazardous waste during the prior calendar year shall
pay 20 times the base rate.
(d) The base rate established pursuant to subdivision (b) was the
base rate for the 1997 calendar year and the board shall adjust the
base rate annually to reflect increases or decreases in the cost of
living, during the prior fiscal year, as measured by the Consumer
Price Index issued by the Department of Industrial Relations or by a
successor agency.
(e) The establishment of the annual operating fee pursuant to this
section is exempt from Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code.
(f) The following materials are not hazardous wastes for purposes
of this section:
(1) Hazardous materials which are recycled, and used onsite, and
are not transferred offsite.
(2) Aqueous waste treated in a treatment unit operating, or which
subsequently operates, pursuant to a permit-by-rule, or pursuant to
Section 25200.3 or 25201.5. However, hazardous waste generated by a
treatment unit treating waste pursuant to a permit-by-rule, by a unit
which subsequently obtains a permit-by-rule, or other authorization
pursuant to Section 25200.3 or 25201.5 is hazardous waste for
purposes of this section.
(g) The fee imposed pursuant to this section shall be paid in
accordance with Part 22 (commencing with Section 43001) of Division 2
of the Revenue and Taxation Code.
(h) (1) A generator who pays a hazardous waste generator
inspection fee to a certified unified program agency, which is
imposed as part of a single fee system and fee accountability program
that are both in compliance with the requirements of Section
25404.5, shall be eligible for a refund of all, or part of, the
generator fee paid pursuant to subdivision (a) if both of the
following conditions apply:
(A) The generator received a credit pursuant to Section 43152.7 or
43152.11 of the Revenue and Taxation Code for fees paid for
hazardous waste generated in 1996.
(B) The department certifies, pursuant to subdivision (b) of
Section 25205.9, that funds are available to pay all or part of the
refund.
(2) A generator who is eligible for a refund pursuant to paragraph
(1) shall submit an application for that refund to the board by
September 30 following the fiscal year during which the generator
paid the generator fee pursuant to subdivision (a). An application
for a refund postmarked after September 30 is void, shall not be
processed by the board, and shall be returned to the applicant.
(i) (1) A generator who transfers hazardous materials to an
offsite facility for recycling at that offsite facility or another
offsite facility shall be eligible for a refund of all, or part of,
the generator fee paid pursuant to subdivision (a) if all of the
following conditions apply:
(A) The offsite facility to which the hazardous materials are
manifested pays a facility fee pursuant to Section 25205.2.
(B) The amount of hazardous materials transferred to the offsite
facility and recycled there, when deducted from the total tonnage of
hazardous waste generated at the generator's site, results in the
generator becoming eligible for a generator fee that is lower than
the fee paid pursuant to subdivision (a).
(C) The hazardous materials transferred to the offsite facility
are not burned in a boiler, industrial furnace, or an incinerator, as
those terms are defined in Section 260.10 of Title 40 of the Code of
Federal Regulations, used in a manner constituting disposal, or used
to produce products that are applied to land.
(D) The department certifies, pursuant to subdivision (b) of
Section 25205.9, that funds are available to pay all or part of the
refund.
(2) A generator who is eligible for a refund pursuant to paragraph
(1) shall submit an application for that refund to the board by
September 30 following the fiscal year during which the generator
paid the generator fee pursuant to subdivision (a). An application
for a refund postmarked after September 30 is void, shall not be
processed by the board, and shall be returned to the applicant.
(j) (1) The amendment of this section made by Chapter 1125 of the
Statutes of 1991 does not constitute a change in, but is declaratory
of, existing law.
(2) The amendment of subdivision (a) of this section made by
Chapter 259 of the Statutes of 1996 does not constitute a change in,
but is declaratory of, existing law.
25205.5.1. Notwithstanding Sections 25174.1 and 25205.5, the
department may adopt regulations exempting victims of disasters from
the hazardous waste disposal fee imposed pursuant to Section 25174.1
and the generator fee imposed pursuant to Section 25205.5. The
regulations may allow that exemption if all of the following apply:
(a) The hazardous waste is generated in a geographical area
identified in a state of emergency proclamation by the Governor
pursuant to Section 8625 of the Government Code because of fire,
flood, storm, earthquake, riot, or civil unrest.
(b) The hazardous waste is generated when property owned or
controlled by the victim is damaged or destroyed as a result of the
disaster.
(c) The hazardous waste is not hazardous waste that is routinely
produced as part of a manufacturing or commercial business or that is
managed by a hazardous waste facility or a facility operated by a
generator of hazardous waste who files a hazardous waste notification
statement with the department pursuant to subdivision (a) of Section
25158.
(d) The victim meets any other condition or limitation on
eligibility specified by the department.
25205.6. (a) For purposes of this section, "organization" means a
corporation, limited liability company, limited partnership, limited
liability partnership, general partnership, and sole proprietorship.
(b) On or before November 1 of each year, the department shall
provide the board with a schedule of codes, that consists of the
types of organizations that use, generate, store, or conduct
activities in this state related to hazardous materials, as defined
in Section 25501, including, but not limited to, hazardous waste. The
schedule shall consist of identification codes from one of the
following classification systems, as deemed suitable by the
department:
(1) The Standard Industrial Classification (SIC) system
established by the United States Department of Commerce.
(2) The North American Industry Classification System (NAICS)
adopted by the United States Census Bureau.
(c) Each organization of a type identified in the schedule adopted
pursuant to subdivision (a) shall pay an annual fee, which shall be
set in the following amounts:
(1) Two hundred dollars ($200) for those organizations with 50 or
more employees, but less than 75 employees.
(2) Three hundred fifty dollars ($350) for those organizations
with 75 or more employees, but less than 100 employees.
(3) Seven hundred dollars ($700) for those organizations with 100
or more employees, but less than 250 employees.
(4) One thousand five hundred dollars ($1,500) for those
organizations with 250 or more employees, but less than 500
employees.
(5) Two thousand eight hundred dollars ($2,800) for those
organizations with 500 or more employees, but less than 1,000
employees.
(6) Nine thousand five hundred dollars ($9,500) for those
organizations with 1,000 or more employees.
(d) The fee imposed pursuant to this section shall be paid by each
organization that is identified in the schedule adopted pursuant to
subdivision (a) in accordance with Part 22 (commencing with Section
43001) of Division 2 of the Revenue and Taxation Code and shall be
deposited in the Toxic Substances Control Account. The revenues shall
be available, upon appropriation by the Legislature, for the
purposes specified in subdivision (b) of Section 25173.6.
(e) For purposes of this section, the number of employees employed
by an organization is the number of persons employed in this state
for more than 500 hours during the calendar year preceding the
calendar year in which the fee is due.
(f) The fee rates specified in subdivision (c) are the rates for
the 1998 calendar year. Beginning with the 1999 calendar year, and
for each calendar year thereafter, the State Board of Equalization
shall adjust the rates annually to reflect increases or decreases in
the cost of living during the prior fiscal year, as measured by the
Consumer Price Index issued by the Department of Industrial Relations
or by a successor agency.
(g) (1) Pursuant to paragraph (3) of subsection (c) of Section 104
of the federal Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended (42 U.S.C. Sec. 9604(c)(3)),
the state is obligated to pay specified costs of removal and remedial
actions carried out pursuant to the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (42 U.S.C. Sec. 9601 et seq.).
(2) The fee rates specified in subdivision (c) are intended to
provide sufficient revenues to fund the purposes of subdivision (b)
of Section 25173.6, including appropriations in any given fiscal year
of three million three hundred thousand dollars ($3,300,000) to fund
the state's obligation pursuant to paragraph (3) of subsection (c)
of Section 104 of the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec.
9604(c)(3)).
(3) If the department determines that the state's obligation under
paragraph (3) of subsection (c) of Section 104 of the federal
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as amended (42 U.S.C. Sec. 9604(c)(3)) will exceed three
million three hundred thousand dollars ($3,300,000) in any fiscal
year, the department shall report that determination to the
Legislature in the Governor's Budget. If, as part of the Budget Act
deliberations, the Legislature concurs with the department's
determination, the Legislature shall specify in the annual Budget Act
those pro rata changes to the fee rates specified in subdivision (c)
that will increase revenues in the next calendar year as necessary
to fund the state's increased obligations. However, the Legislature
shall not specify fee rates in the annual Budget Act that increase
revenues in an amount greater than eight million two hundred thousand
dollars ($8,200,000) above the revenues provided by the fee rates
specified in subdivision (c).
(4) Any changes in the fee rates approved by the Legislature in
the annual Budget Act pursuant to this subdivision shall have effect
only on the fee payment that is due and payable by the end of
February in the fiscal year for which that annual Budget Act is
enacted.
(h) This section does not apply to a nonprofit corporation
primarily engaged in the provision of residential social and personal
care for children, the aged, and special categories of persons with
some limits on their ability for self-care, as described in SIC Code
8361 of the Standard Industrial Classification (SIC) Manual published
by the United States Office of Management and Budget, 1987 edition.
(i) The changes made to this section by the act of the 2005-06
Regular Session of the Legislature amending this section shall not
increase fee revenues in the 2006-07 fiscal year.
25205.7. (a) (1) Except as otherwise provided in this section, any
person who applies for, or requests, one of the following shall enter
into a written agreement with the department pursuant to which that
person shall reimburse the department, pursuant to Article 9.2
(commencing with Section 25206.1), for the costs incurred by the
department in processing the application or responding to the
request:
(A) A new hazardous waste facilities permit, including a
standardized permit.
(B) A hazardous waste facilities permit for postclosure.
(C) A renewal of an existing hazardous waste facilities permit,
including a standardized permit or postclosure permit.
(D) A class 2 or class 3 modification of an existing hazardous
waste facilities permit or grant of interim status, including a
standardized permit or grant of interim status or a postclosure
permit.
(E) A variance.
(F) A waste classification determination.
(2) Any agreement required pursuant to paragraph (1) may provide
for some, or all, of the reimbursement to be made in advance of the
processing of the application or the response to the request.
(3) Any agreement entered into pursuant to this subdivision may
include costs of reviewing and overseeing corrective action as set
forth in subdivision (b).
(4) This subdivision does not apply to any application or request
submitted to the department prior to July 1, 1998. Any person who
submitted such an application or request shall pay the applicable
fee, if not already paid, for the application or request as required
by this chapter as it read prior to January 1, 1998, unless the
department and the applicant or requester mutually agree to enter
into a reimbursement agreement in lieu of any unpaid portion of the
required fee.
(b) The department shall recover all the department's costs in
reviewing and overseeing any corrective action program described in
the application for a standardized permit pursuant to subparagraph
(C) of paragraph (2) of subdivision (c) of Section 25201.6 or
required pursuant to subdivision (b) of Section 25200.10, and in
reviewing and overseeing any corrective action work undertaken at the
facility pursuant to that corrective action program.
(c) Any reimbursements received pursuant to this section shall be
placed in the Hazardous Waste Control Account for appropriation in
accordance with Section 25174.
(d) (1) In lieu of entering into a reimbursement agreement with
the department pursuant to subdivision (a), any person who applies
for a new permit, a permit for postclosure, a renewal of an existing
permit, or a class 2 or class 3 permit modification may instead elect
to pay a fee as follows:
(A) A person submitting a hazardous waste facilities permit
application for a land disposal facility shall pay one hundred four
thousand one hundred eighty-seven dollars ($104,187) for a small
facility, two hundred twenty-two thousand one hundred eighty-three
dollars ($222,183) for a medium facility, and three hundred
eighty-one thousand six hundred two dollars ($381,602) for a large
facility.
(B) A person submitting a hazardous waste facilities permit
application for any incinerator shall pay sixty-two thousand seven
hundred sixty-two dollars ($62,762) for a small facility, one hundred
thirty-three thousand sixty dollars ($133,060) for a medium
facility, and two hundred twenty-eight thousand four hundred
fifty-eight dollars ($228,458) for a large facility.
(C) Except as provided in subparagraph (D), a person submitting a
hazardous waste facility permit application for a storage facility, a
treatment facility, or a storage and treatment facility shall pay
twenty-one thousand three hundred forty dollars ($21,340) for a small
facility, thirty-eight thousand nine hundred thirteen dollars
($38,913) for a medium facility, and seventy-five thousand three
hundred seventeen dollars ($75,317) for a large facility.
(D) A person submitting an application for a standardized permit
for a storage facility, a treatment facility, or a storage and
treatment facility, as specified in Section 25201.6, shall pay
thirty-two thousand fifty-two dollars ($32,052) for a Series A
standardized permit, twenty thousand eleven dollars ($20,011) for a
Series B standardized permit, and five thousand three hundred
thirty-two dollars ($5,332) for a Series C standardized permit. The
board shall assess the fees specified in this subparagraph, in
accordance with paragraph (2), based upon the classifications
specified in subdivision (a) of Section 25201.6.
(E) (i) A person submitting a hazardous waste facilities permit
application for a transportable treatment unit shall pay sixteen
thousand three hundred twenty dollars ($16,320) for a small unit,
thirty-seven thousand six hundred fifty-seven dollars ($37,657) for a
medium unit, and seventy-five thousand three hundred seventeen
dollars ($75,317) for a large unit.
(ii) Notwithstanding clause (i), the fee for any application for a
new permit, permit modification, or permit renewal for a
transportable treatment unit, that was pending before the department
as of January 1, 1996, shall be determined according to the type of
permit authorizing operation of that unit, as provided by subdivision
(d) of Section 25200.2 or the regulations adopted pursuant to
subdivision (a) of Section 25200.2. Any standardized permit issued to
the operator of a transportable treatment unit after January 1,
1996, that succeeds a full hazardous waste facilities permit issued
by the department prior to January 1, 1996, in accordance with
subdivision (d) of Section 25200.2 or the regulations adopted
pursuant to subdivision (a) of Section 25200.2, shall not be
considered to be a new hazardous waste facilities permit.
(F) A person submitting a hazardous waste facilities permit
application for a postclosure permit shall pay a fee of ten thousand
forty dollars ($10,040) for a small facility, twenty-two thousand
five hundred ninety-six dollars ($22,596) for a medium facility, and
thirty-seven thousand six hundred fifty-seven dollars ($37,657) for a
large facility.
(G) A person submitting an application for one or more class 2
permit modifications, including a class 2 modification to a
standardized permit, shall pay a fee equal to 20 percent of the fee
for a new permit for that facility for each unit directly impacted by
the modifications, up to a maximum of 40 percent for each
application, except that each person who applies for one or more
class 2 permit modifications for a land disposal facility or an
incinerator shall pay a fee equal to 15 percent of the fee for a new
permit for that facility for each unit directly impacted by the
modifications, up to a maximum of 30 percent for each application.
(H) A person submitting an application for one or more class 3
permit modifications, including a class 3 modification to a
standardized permit, shall pay a fee equal to 40 percent of the fee
for a new permit for that facility for each unit directly impacted by
the modifications, up to a maximum of 80 percent for each
application, except that a person who applies for one or more class 3
permit modifications for a land disposal facility or an incinerator
shall pay a fee equal to 30 percent of the fee for a new permit for
that facility for each unit directly impacted by the modifications,
up to a maximum of 60 percent for each application.
(I) A person who submits an application for renewal of any
existing permit shall pay an amount equal to the fee that would have
been assessed had the person requested the same changes in a
modification application, but not less than one-half the fee required
for a new permit.
(J) A person who submits a single application for a facility that
falls within more than one fee category shall pay only the higher
fee.
(2) The fees required by paragraph (1) shall be assessed by the
board upon application to the department. For a facility operating
pursuant to a grant of interim status, the submittal of the
application shall be the submittal of the Part B application in
accordance with regulations adopted by the department. The fee shall
be nonrefundable, even if the application is withdrawn or denied. The
department shall provide the board with any information that is
necessary to assess fees pursuant to this section. The fee shall be
collected in accordance with Part 22 (commencing with Section 43001)
of Division 2 of the Revenue and Taxation Code, and deposited into
the Hazardous Waste Control Account.
(3) The amounts stated in this subdivision are the base rates for
the 1997 calendar year. Thereafter, the fees shall be adjusted
annually by the board to reflect increases or decreases in the cost
of living, during the prior fiscal year, as measured by the Consumer
Price Index issued by the Department of Industrial Relations, or a
successor agency.
(4) Except as provided in paragraph (5), for purposes of this
section, and notwithstanding Section 25205.1, any facility or unit is
"small" if it manages 0.5 tons (1,000 pounds) or less of hazardous
waste during any one month of the state's current fiscal year,
"medium" if it manages more than 0.5 tons (1,000 pounds), but less
than 1,000 tons, of hazardous waste during any one month of the state'
s current fiscal year, and "large" if it manages 1,000 or more tons
of hazardous waste during any one month of the state's current fiscal
year.
(5) For purposes of subparagraph (F) of paragraph (1) of this
subdivision and paragraph (8) of subdivision (c) of Section 25205.4,
any facility or unit is "small" if 0.5 tons (1,000 pounds) or less of
hazardous waste remain after closure, "medium" if more than 0.5 tons
(1,000 pounds), but less than 1,000 tons of hazardous waste remain
after closure, and "large" if 1,000 or more tons of hazardous waste
remain after closure.
(6) The amounts stated in this subdivision are in addition to any
amounts required to reimburse the department for the corrective
action review and oversight costs required to be recovered pursuant
to subdivision (b).
(e) Subdivision (a) does not apply to any variance granted
pursuant to Article 4 (commencing with Section 66263.40) of Chapter
13 of Division 4.5 of Title 22 of the California Code of Regulations.
(f) Subdivisions (a) and (d) do not apply to a permit modification
resulting from a revision of a facility's or operator's closure plan
if the facility is exempted from fees pursuant to subdivision (e) of
Section 25205.3, or if the operator is subject to paragraph (2) or
(3) of subdivision (d) of Section 25205.2.
(g) (1) Except as provided in paragraphs (3) and (4), subdivisions
(a) and (d) do not apply to any permit or variance to operate a
research, development, and demonstration facility, if the duration of
the permit or variance is not longer than one year, unless the
permit or variance is renewed pursuant to the regulations adopted by
the department.
(2) For purposes of this section, a "research, development, and
demonstration facility" is a facility which proposes to utilize an
innovative and experimental hazardous waste treatment technology or
process for which regulations prescribing permit standards have not
been adopted.
(3) The exemption provided by this subdivision does not apply to a
facility which operates as a medium or large multiuser offsite
commercial hazardous waste facility and which does not otherwise
possess a hazardous waste facilities permit pursuant to Section
25200.
(4) The fee exemption authorized pursuant to paragraph (1) shall
be effective for a total duration of not more than two years.
(h) Subdivisions (a) and (d) do not apply to any of the following:
(1) Any variance issued to a public agency to transport wastes for
purposes of operating a household hazardous waste collection
facility, or to transport waste from a household hazardous waste
collection facility, which receives household hazardous waste or
hazardous waste from conditionally exempted small quantity generators
pursuant to Article 10.8 (commencing with Section 25218).
(2) A permanent household hazardous waste collection facility.
(3) Any variance issued to a public agency to conduct a collection
program for agricultural wastes.
(i) Notwithstanding subdivisions (a) and (b), the department shall
not assess any fees or seek any reimbursement for the department's
costs in reviewing and overseeing any preliminary site assessment in
conjunction with a hazardous waste facilities permit application.
(j) The changes made in this section by Chapter 870 of the
Statutes of 1997 do not require amendment of, or otherwise affect,
any agreement entered into prior to July 1, 1998, pursuant to which
any person has agreed to reimburse the department for the costs
incurred by the department in processing applications, responding to
requests, or otherwise providing other services pursuant to this
chapter.
25205.9. (a) On or before June 30 of each year, the department
shall determine if there are surplus funds in the Hazardous Waste
Control Account and shall, upon appropriation by the Legislature,
allocate these surplus funds to pay refunds in the following order of
priority:
(1) To pay refunds to generators pursuant to subdivision (c).
(2) To pay refunds to generators pursuant to subdivision (d).
However, the department shall not pay refunds pursuant to subdivision
(d) until all applications for refunds pursuant to subdivision (c)
have first been paid.
(b) The department shall certify the amount of the surplus in the
Hazardous Waste Control Account to the board and shall direct the
board to pay refunds to generators pursuant to subdivisions (c) and
(d) to the extent funds permit. If funds are not sufficient to pay
all the refunds for which the board receives applications pursuant to
subdivision (h) of Section 25205.5, the department shall direct the
board to pay refunds pursuant to subdivision (c) on a pro rata basis.
If funds are sufficient to pay all refunds for which applications
are received pursuant to subdivision (h) of Section 25205.5 but not
sufficient to pay all refunds for which applications were received by
the board pursuant to subdivision (i) of Section 25205.5, the
department shall direct the board to pay refunds pursuant to
subdivision (d) on a pro rata basis.
(c) (1) If the department certifies that there are sufficient
funds to do so, the board shall issue refunds, in the manner directed
by the department pursuant to subdivision (b), to hazardous waste
generators who are eligible for refunds pursuant to paragraph (1) of
subdivision (h) of Section 25205.5.
(2) The refund made to a generator pursuant to this subdivision
shall not exceed the fee paid by the generator pursuant to Section
25205.5, or exceed the hazardous waste generator inspection fee paid
to the certified unified program agency for the previous calendar
year, whichever is less.
(3) The board may issue refunds pursuant to this section only if
the department certifies, pursuant to subdivision (b), that funds for
these refunds are available.
(d) (1) If the department certifies that there are sufficient
funds to do so, the board shall issue refunds, in the manner directed
by the department pursuant to subdivision (b), to hazardous waste
generators who are eligible for refunds pursuant to paragraph (1) of
subdivision (i) of Section 25205.5.
(2) The refund made to a generator pursuant to this subdivision
shall be equal to the difference between the amount of the generator
fee paid by the generator pursuant to Section 25205.5 and the amount
the generator would have paid if the amount of hazardous materials
transferred to an offsite facility for recycling had been deducted
from the total tonnage of hazardous waste generated at the generator'
s site. However, if a generator receives a refund pursuant to
subdivision (c), the generator may not receive a refund pursuant to
this subdivision that exceeds the difference between the amount of
the generator fee paid pursuant to Section 25205.5 and the amount of
the refund received pursuant to subdivision (c).
(3) The board may issue refunds pursuant to this subdivision only
if the department certifies, pursuant to subdivision (b), that funds
for these refunds are available.
(e) For purposes of this section, "surplus" means the amount in
the Hazardous Waste Control Account on June 30 of each year that is
in excess of the reserve required by subdivision (k) of Section
25174.
25205.12. (a) The owner of a hazardous waste facility authorized to
operate pursuant to a permit-by-rule, authorized under a grant of
conditional authorization pursuant to Section 25200.3, exempted
pursuant to subdivision (a) or (c) of Section 25201.5, or exempted
pursuant to Section 25144.6 or 25201.14 is exempt from the facility
fee specified in Section 25205.2 for any activities authorized by the
permit-by-rule, under a grant of conditional authorization pursuant
to Section 25200.3, exempted pursuant to subdivision (a) or (c) of
Section 25201.5, or exempted pursuant to Section 25144.6 or 25201.14
at that facility for any year or reporting period during which the
facility is operating.
(b) The retroactive portion of the facility fee exemption provided
by subdivision (a) does not apply to any facility that was
authorized by the department to operate on or before June 1, 1991,
for any fees paid or billed prior to September 1, 1992.
(c) The operator of a hazardous waste facility authorized by the
department to clean and recycle excavated underground storage tanks
is exempt from the facility fee specified in Section 25205.2 with
regard to those activities conducted before January 1, 1994, and
those activities conducted after that date, until the effective date
of a regulation adopted by the department governing the statewide
requirements for the issuance of a permit for tank cleaning and
recycling facilities.
(d) The operator of a hazardous waste facility operating pursuant
to a standardized permit or a grant of interim status, as specified
in Section 25201.6, is exempt from the facility fee specified in
Sections 25205.2 and 25205.4 for any year or reporting period prior
to January 1, 1993, during which the facility operated, if the
hazardous waste treatment or storage activity was conducted prior to
January 1, 1993, and the owner or operator is in compliance with the
notification and application requirements of Section 25201.6, as
amended in the 1993-94 Regular Session of the Legislature, or as
amended thereafter, and either of the following circumstances apply:
(1) The owner or operator was not authorized by the department
before July 1, 1993, to conduct the eligible treatment or storage
activity.
(2) The owner or operator did not pay a hazardous waste facility
fee, as specified in Section 25205.2, for that year or reporting
period prior to July 1, 1993, for the facility that is the subject of
the standardized permit.
25205.13. (a) Notwithstanding any other provision of law or
regulation, for the 1993 reporting period, the deadline for
submitting permit-by-rule fixed treatment unit facility-specific
notifications and unit-specific notifications is April 1, 1993, or 60
days prior to commencing the first treatment of that waste,
whichever date is later.
(b) The development and publication of the notification form for a
fixed or transportable treatment unit operating pursuant to a
permit-by-rule, as specified in subdivisions (a) and (b) of Section
67450.2 of Title 22 of the California Code of Regulations, is not
subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. The department shall
hold at least one public workshop concerning the development of the
notification form.
(c) A facility or transportable treatment unit operating pursuant
to a permit-by-rule shall provide the following information with the
notifications required pursuant to subdivisions (a) and (b) of
Section 67450.2 of Title 22 of the California Code of Regulations:
(1) The basis for determining that a hazardous waste facility
permit is not required under the federal act.
(2) Documentation of any convictions, judgments, settlements, or
orders resulting from an action by any local, state, or federal
environmental or public health enforcement agency concerning the
operation of the facility within the last three years, as the
documents would be available under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code or the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
the Civil Code.
(3) A waste minimization certificate, as specified in Section
25202.9.
(d) The facility or transportable treatment unit operating
pursuant to a permit-by-rule shall treat only waste which is
generated onsite.
25205.14. (a) Except as provided in Section 25404.5, the owner or
operator of a facility or transportable treatment unit operating
pursuant to a permit-by-rule shall pay a fee to the board per
facility or transportable treatment unit for each reporting period,
or portion thereof. The fee for the 1997 reporting period shall be
nine hundred fifty-eight dollars ($958). Until July 1, 1998, the
owner or operator of a facility or transportable treatment unit
operating pursuant to a permit-by-rule shall also pay a fee in the
amount of 50 percent of the fee specified in this subdivision for
each modification of the notification required by Sections 67450.2
and 67450.3 of Title 22 of the California Code of Regulations, as
those sections read on January 1, 1995, or as those sections may
subsequently be amended. Thereafter, the fee shall be adjusted
annually by the board to reflect increases and decreases in the cost
of living, as measured by the Consumer Price Index issued by the
Department of Industrial Relations or a successor agency. The
reporting period shall begin January 1 of each calendar year. On or
before January 31 of each calendar year, the department shall notify
the board of all known owners or operators operating pursuant to a
permit-by-rule who are not exempted from this fee pursuant to Section
25404.5. The department shall also notify the board of any owner or
operator authorized to operate pursuant to a permit-by-rule, who is
not exempted from this fee pursuant to Section 25404.5, within 60
days after the owner or operator is authorized.
(b) Except as provided in Section 25404.5, a generator operating
under a grant of conditional authorization pursuant to Section
25200.3 shall pay a fee to the board per facility for each reporting
period, or portion thereof, unless the generator is subject to a fee
under a permit-by-rule. The fee for the 1997 reporting period shall
be nine hundred fifty-eight dollars ($958). Thereafter, the fee shall
be adjusted annually by the board to reflect increases and decreases
in the cost of living, during the prior fiscal year, as measured by
the Consumer Price Index issued by the Department of Industrial
Relations or a successor agency. The reporting period shall begin
January 1 of each calendar year. On or before January 31 of each
calendar year, the department shall notify the board of all known
generators operating pursuant to a grant of conditional authorization
under Section 25200.3 who are not exempted from this fee pursuant to
Section 25404.5. The department shall also notify the board of any
generator authorized to operate under a grant of conditional
authorization, who is not exempted from this fee pursuant to Section
25404.5, within 60 days of the receipt of notification.
(c) Except as provided in Section 25404.5, a generator performing
treatment conditionally exempted pursuant to Section 25144.6 or
subdivision (a) or (c) of Section 25201.5 shall pay thirty-eight
dollars ($38) to the board per facility for each reporting period,
unless that generator is subject to a fee under a permit-by-rule or a
conditional authorization pursuant to Section 25200.3. Until July 1,
1998, a generator performing treatment conditionally exempted
pursuant to Section 25144.6 or subdivision (a) or (c) of Section
25201.5 shall pay one hundred dollars ($100) to the board per
facility for the initial operating period, or portion thereof, unless
that generator is subject to a fee under a permit-by-rule or a
conditional authorization pursuant to Section 25200.3. The reporting
period shall begin January 1 of each calendar year. On or before
January 31 of each calendar year, the department shall notify the
board of all known facilities performing treatment conditionally
exempted by Section 25144.6 or subdivision (a) or (c) of Section
25201.5 who are not exempted from this fee pursuant to Section
25404.5. The department shall also notify the board of any generator
who notifies the department that the generator is conducting a
conditionally exempt treatment operation, and who is not exempted
from this fee pursuant to Section 25404.5, within 60 days of the
receipt of the notification.
(d) The fees imposed pursuant to this section shall be paid in
accordance with Part 22 (commencing with Section 43001) of Division 2
of the Revenue and Taxation Code.
25205.15. (a) Except for the first four manifests used in a
calendar year by a business with less than 100 employees, and except
as provided in paragraph (2), in addition to any fees to cover
printing and distribution costs, the department shall impose a
manifest fee of seven dollars and fifty cents ($7.50) for each
California Hazardous Waste Manifest form or electronic equivalent
used after June 30, 1998, by any person, in the following manner:
(1) The department shall bill generators for each California
Uniform Hazardous Waste Manifest form, manifest number, or electronic
equivalent used after June 30, 1998. The billing frequency specified
by the department may range from monthly to annually, with the
payment by the generator required within 30 days from the date of
receipt of the billing, and shall be determined based on consultation
with the regulated community. In preparing the bills, the department
shall distinguish between manifests used solely for recycled
hazardous wastes and those used for nonrecycled hazardous wastes. In
determining the billing frequency, the department may take into
account each person's volume of manifest usage.
(2) (A) The manifest fee shall not be collected on the use of
California Hazardous Waste Recycling Manifests that are used solely
for hazardous wastes that are recycled.
(B) The manifest fee for each California Uniform Hazardous Waste
Manifest form used solely for hazardous waste derived from air
compliance solvents, shall be three dollars and fifty cents ($3.50)
This is in addition to any fees charged to cover printing and
distribution costs.
(3) The department shall implement a system for the use of
manifests that distinguishes among recycling manifests used solely
for hazardous wastes that are to be recycled, manifests used solely
to transport hazardous waste derived from air compliance solvents,
and general manifests that may be used for transporting waste for any
purpose.
(4) (A) If a person erroneously reports on a California Uniform
Hazardous Waste Manifest that the manifest is being used for the
transport of hazardous wastes that are being shipped for recycling or
for the transport of hazardous wastes derived from air compliance
solvents rather than the transport of other types of hazardous waste,
the person shall pay the seven dollars and fifty cents ($7.50)
manifest fee and an additional error correction fee of twenty dollars
($20) per manifest, as required pursuant to Section 25160.5.
(B) Notwithstanding subparagraph (A) the department shall provide
the manifest user with a reasonable opportunity to notify the
department of any incorrect use of the recycling manifest, as
described in subparagraph (A), and to provide the department with the
appropriate manifest fee payment without additional fines,
penalties, or payment of the error correction fee.
(5) The department may adopt regulations to implement and
administer the manifest fee system imposed pursuant to this
subdivision.
(b) For purposes of subdivision (a), a California Uniform
Hazardous Waste Manifest means either of the following:
(1) A manifest document printed and supplied by the state for a
shipment initiated on and before September 4, 2006.
(2) The Uniform Hazardous Waste Manifest printed by a source
registered with the United States Environmental Protection Agency for
a shipment initiated on and after September 5, 2006, if the manifest
originates from a generator located in California, is received by
the designated facility located in California where the manifest is
signed and terminated, or is imported or exported through a point of
entry or exit in California.
(c) On and after July 1, 1999, commencing with 1999-2000 fiscal
year and annually thereafter, the department shall expend, upon
appropriation by the Legislature in the annual Budget Act, not less
than one million fifty thousand dollars ($1,050,000) from the
manifest fees, deposited in the Hazardous Waste Control Account, to
establish a program to encourage hazardous waste generators to
implement pollution prevention measures. The program shall be
administered pursuant to administrative and expenditure criteria to
be established by the Legislature.
(d) The manifest fees shall be deposited in the Hazardous Waste
Control Account and be available for expenditure, upon appropriation
by the Legislature.
(e) For purposes of this section, "air compliance solvent" means a
solvent, including aqueous solutions, that are required or approved
for use by regulations adopted by the State Air Resources Board, an
air pollution control district, or an air quality management
district, to meet air emission standards adopted by that board or
district and, pursuant to those regulations, is required to be used
instead of another solvent that was used and recycled prior to the
adoption of those regulations.
25205.16. (a) (1) The department may impose an annual verification
fee upon all generators, transporters, and facility operators with 50
or more employees that possess a valid identification number issued
either by the department or by the Environmental Protection Agency.
The fee charged shall be one hundred fifty dollars ($150) for each
generator, transporter, and facility operator with 50 or more
employees, but less than 75 employees; one hundred seventy-five
dollars ($175) for each generator, transporter, and facility operator
with 75 or more employees, but less than 100 employees; two hundred
dollars ($200) for each generator, transporter, and facility operator
with 100 or more employees, but less than 250 employees; two hundred
twenty-five dollars ($225) for each generator, transporter, and
facility operator with 250 or more employees, but less than 500
employees; two hundred fifty dollars ($250) for each generator,
transporter, and facility operator with 500 or more employees.
However, no generator, transporter, or facility operator shall be
assessed fees pursuant to this section that exceed, in total, five
thousand dollars ($5,000).
(2) The generator, transporter, or facility operator subject to
the fee shall submit payment of the fee within 30 days from the date
of receiving a notice of assessment from the department. The notice
shall be sent once during each fiscal year to each holder of a valid
identification number. The fee imposed by this section shall be
deposited in the Hazardous Waste Control Account and be available for
expenditure, upon appropriation by the Legislature. For purposes of
this section, "employee" shall have the same meaning set forth in
Section 25205.6.
(b) The department shall establish an identification number
certification system to biennially verify the accuracy of information
related to generators, transporters, and facilities authorized to
treat, store, or dispose of hazardous waste. However, if the number
of identification numbers issued since the previous certification
exceeds 20 percent of the active identification numbers, the
department may implement an annual certification. Each entity issued
an identification number shall provide or verify the information
specified in paragraphs (1) to (9), inclusive, when requested by the
department. The system shall include the provision or verification of
all of the following information:
(1) The name, mailing address, facsimile number, fictitious
business name, federal employer number, State Board of Equalization
identification number, SIC code, electronic mail address, if
available, and telephone number of the firm or organization engaged
in hazardous waste activities.
(2) The name, mailing address, facsimile number, and telephone
number of the owner of the firm or organization.
(3) The name, title, mailing address, facsimile number, and
telephone number of a contact person for the firm or organization.
(4) The identification number assigned to the firm or
organization.
(5) The site location address or description associated with the
firm or organization's identification number provided in paragraph
(4).
(6) T
25205.1. For purposes of this article, the following definitions
apply:
(a) "Board" means the State Board of Equalization.
(b) "Facility" means any units or other structures, and all
contiguous land, used for the treatment, storage, disposal, or
recycling of hazardous waste, for which a permit or a grant of
interim status has been issued by the department for that activity
pursuant to Article 9 (commencing with Section 25200).
(c) "Large storage facility," in those cases in which total
storage capacity is provided in a permit, interim status document, or
federal Part A application for the facility, means a storage
facility with capacity to store 1,000 or more tons of hazardous
waste. In those cases in which it is not so provided, "large storage
facility" means a storage facility that stores 1,000 or more tons of
hazardous waste during any one month of the current reporting period
commencing on or after July 1, 1991.
(d) "Large treatment facility," in those cases in which total
treatment capacity is provided in a permit, interim status document,
or federal Part A application for the facility, means a treatment
facility with capacity to treat, land treat, or recycle 1,000 or more
tons of hazardous waste. In those cases in which it is not so
provided, "large treatment facility" means a treatment facility that
treats, land treats, or recycles 1,000 or more tons of hazardous
waste during any one month of the current reporting period commencing
on or after July 1, 1991.
(e) "Generator" means a person who generates hazardous waste at an
individual site commencing on or after July 1, 1988. A generator
includes, but is not limited to, a person who is identified on a
manifest as the generator and whose identification number is listed
on that manifest, if that identifying information was provided by
that person or by an agent or employee of that person.
(f) "Ministorage facility," in those cases in which total storage
capacity is provided in a permit, interim status document, or federal
Part A application for the facility, means a storage facility with
capacity to store 0.5 tons (1,000 pounds) or less of hazardous waste.
In those cases in which it is not so provided, "ministorage facility"
means a storage facility that stores 0.5 tons (1,000 pounds) or less
of hazardous waste during any one month of the current reporting
period commencing on or after July 1, 1991.
(g) "Minitreatment facility," in those cases in which total
treatment capacity is provided in a permit, interim status document,
or federal Part A application for the facility, means a treatment
facility with capacity to treat, land treat, or recycle 0.5 tons
(1,000 pounds) or less of hazardous waste. In those cases in which it
is not so provided, "minitreatment facility, means a treatment
facility that treats, land treats, or recycles 0.5 tons (1,000
pounds) or less of hazardous waste during any one month of the
current reporting period commencing on or after July 1, 1991.
(h) "Site" means the location of an operation that generates
hazardous wastes and is noncontiguous to any other location of these
operations owned by the generator.
(i) "Small storage facility," in those cases in which total
storage capacity is provided in a permit, interim status document, or
federal Part A application for the facility, means a storage
facility with capacity to store more than 0.5 tons (1,000 pounds),
but less than 1,000 tons of hazardous waste. In those cases in which
it is not so provided, "small storage facility" means a storage
facility that stores more than 0.5 tons (1,000 pounds), but less than
1,000 tons, of hazardous waste during any one month of the current
reporting period commencing on or after July 1, 1991.
(j) "Small treatment facility," in those cases in which total
treatment capacity is provided in a permit, interim status document,
or federal Part A application for the facility, means a treatment
facility with capacity to treat, land treat, or recycle more than 0.5
tons (1,000 pounds), but less than 1,000 tons of hazardous waste. In
those cases in which this is not provided, "small treatment facility"
means a treatment facility that treats, land treats, or recycles
more than 0.5 tons (1,000 pounds), but less than 1,000 tons, of
hazardous waste during any month of the current reporting period
commencing on or after July 1, 1991.
(k) "Unit" means a hazardous waste management unit, as defined in
regulations adopted by the department. If an area is designated as a
hazardous waste management unit in a permit, it shall be conclusively
presumed that the area is a "unit."
(l) "Class 1 modification," "class 2 modification," and "class 3
modification" have the meanings provided in regulations adopted by
the department.
(m) "Hazardous waste" has the meaning provided in Section 25117.
The total tonnage of hazardous waste, unless otherwise provided by
law, includes the hazardous substance as well as any soil or other
substance that is commingled with the hazardous substance.
(n) "Land treat" means to apply hazardous waste onto or
incorporate it into the soil surface for the sole and express purpose
of degrading, transforming, or immobilizing the hazardous
constituents.
(o) "Treatment," "storage," and "disposal" mean only that
treatment, storage, or disposal of hazardous waste engaged in at a
facility pursuant to a permit or grant of interim status issued by
the department pursuant to Article 9 (commencing with Section 25200).
Treatment, storage, or disposal that does not require this permit or
grant of interim status shall not be considered treatment, storage,
or disposal for purposes of this article.
(1) "Disposal" includes only the placement of hazardous waste onto
or into the ground for permanent disposition and does not include
the placement of hazardous waste in surface impoundments, as defined
in regulations adopted by the department, or the placement of
hazardous waste onto or into the ground solely for purposes of land
treatment.
(2) "Storage" does not include the ongoing presence of hazardous
wastes in the ground or in surface impoundments after the facility
has permanently discontinued accepting new hazardous wastes for
placement into the ground or into surface impoundments.
25205.2. (a) Except as provided in subdivisions (c) and (h), in
addition to the fees specified in Section 25174.1, each operator of a
facility shall pay a facility fee for each reporting period, or any
portion thereof, to the board based on the size and type of the
facility, as specified in Section 25205.4. On or before January 31 of
each calendar year, the department annually shall notify the board
of all known facility operators by facility type and size. The
department shall also notify the board of any operator who is issued
a permit or grant of interim status within 30 days from the date that
a permit or grant of interim status is issued to the operator. The
fee specified in this section does not apply to facilities exempted
pursuant to Section 25205.12.
(b) The board shall deposit all fees collected pursuant to
subdivision (a) in the Hazardous Waste Control Account in the General
Fund. The fees so deposited may be expended by the department, upon
appropriation by the Legislature, for the purposes specified in
subdivision (b) of Section 25174.
(c) Notwithstanding subdivision (a), a person who is issued a
variance by the department from the requirement of obtaining a
hazardous waste facilities permit or grant of interim status is not
subject to the fee, for any reporting period following the reporting
period in which the variance was granted by the department.
(d) Operators subject to facility fee liability pursuant to this
section shall pay the following amounts:
(1) The operator shall pay the applicable facility fee for each
reporting period in which the facility actually engaged in the
treatment, storage, or disposal of hazardous waste.
(2) The operator shall pay the applicable facility fee for one
additional reporting period immediately following the final reporting
period in which the facility actually engaged in that treatment or
storage. For the 1994 reporting period and thereafter, the facility's
size for that additional reporting period shall be deemed to be the
largest size at which the facility has ever been subject to the fee.
If the department previously approved a unit or portion of the
facility for a variance, closure, or permit-by-rule, the facility's
size for that reporting period shall be deemed to be its largest size
since the department granted the approval.
(3) The operator of a disposal facility shall pay twice the
applicable facility fee for one additional reporting period
immediately following the final reporting period in which the
facility actually engaged in disposal of hazardous waste.
(4) For the 1994 reporting period and thereafter, a facility shall
not be deemed to have stopped treating, storing, or disposing of
hazardous waste unless it has actually ceased that activity and has
notified the department of its intent to close.
(5) If the reporting period which immediately followed the final
reporting period in which a facility actually engaged in the
treatment, storage, or disposal of the hazardous waste was the
six-month period from July 1, 1991, through December 31, 1991, the
operator shall be subject to twice the fee otherwise applicable to
that operator for that reporting period under paragraphs (2) and (3).
(e) No facility shall be subject to a facility fee for treatment,
storage, or disposal, if that activity ceased before July 1, 1986,
and if the fee for the activity was not paid prior to January 1,
1994.
(f) Notwithstanding any other provision of this section, a person
who ceased actual treatment, storage, or disposal of hazardous waste,
whether generated onsite or received from offsite, before July 1,
1986, and who paid facility fees for any reporting period after that
date pursuant to a decision of the State Board of Equalization, and
who filed a claim for refund of those fees on or before January 1,
1994, shall be entitled to a refund of those amounts.
(g) Facility operators who treated, stored, or disposed of
hazardous waste on or after July 1, 1986, shall be subject to the
provisions of this section which were in effect prior to January 1,
1994, as to payments which their operators made prior to January 1,
1994. The operators shall be subject to subdivision (d) as to any
other liability for the facility fee.
(h) A treatment facility is not subject to the facility fee
established pursuant to this section, if the facility engages in
treatment exclusively to accomplish a removal or remedial action or a
corrective action in accordance with an order issued by the
Environmental Protection Agency pursuant to the federal act or in
accordance with an order issued by the department pursuant to Section
25187, if the facility was put in operation solely for purposes of
complying with that order. The department shall instead assess a fee
for that facility for the actual time spent by the department for the
inspection and oversight of that facility. The department shall base
the fee on the department's work standards and shall assess the fee
on an hourly basis.
(i) Notwithstanding subdivision (a), a facility operating pursuant
to a standardized permit or grant of interim status, as specified in
Section 25201.6, shall receive a credit for the annual facility fee
imposed by this section for a period of time equal to the number of
years that the facility lawfully operated prior to September 21,
1993, pursuant to a hazardous waste facilities permit or other grant
of authorization and paid facility fees for the operation of the
facility pursuant to this section.
25205.3. The following facilities are exempt from the fees imposed
by this article:
(a) Any household hazardous waste collection facility operated
pursuant to Article 10.8 (commencing with Section 25218).
(b) Any facility operated by a local government agency, or by any
person operating a hazardous waste collection program under an
agreement with a public agency, which is used for wastes which meet
the requirements of paragraph (3) of subdivision (a) of Section
25174.7.
(c) That portion of a solid waste facility permitted pursuant to
Chapter 3 (commencing with Section 44001) of Part 4 of Division 30 of
the Public Resources Code, which is used for the segregation,
handling, and storage of hazardous waste separated from solid waste
loads received by the facility, pursuant to a load checking program.
(d) A facility used solely for the treatment, storage, disposal,
or recycling of hazardous waste which results when a public agency or
its contractor investigates, removes, or remedies a release of
hazardous waste caused by another person.
(e) (1) For purposes of fees assessed in any reporting period
beginning July 1, 1990, or subsequently, a facility which has been
issued a permit for the purpose of storing hazardous waste onsite,
and whose permit has expired, if all of the following has occurred:
(A) The facility has received no waste from offsite since the
permit expired.
(B) The owner or operator gave the department timely notification
of intent to close the facility, pursuant to regulations adopted by
the department.
(C) At least 90 days have elapsed since the owner or operator gave
the department that notification.
(D) The department did not complete its review of the closure plan
within 90 days of receiving the notification.
(2) This exclusion shall take effect the reporting period
following the reporting period in which the facility first satisfied
the requirements of paragraph (1) and did not accumulate waste onsite
for more than 90 consecutive days.
25205.4. (a) The base rate for the 1997 reporting period for the
facility fee imposed by Section 25205.2 is nineteen thousand seven
hundred sixty-one dollars ($19,761). Commencing with the 1998
reporting period, and for each reporting period thereafter, the board
shall adjust the base rate annually to reflect increases or
decreases in the cost of living during the prior fiscal year, as
measured by the Consumer Price Index issued by the Department of
Industrial Relations or by a successor agency.
(b) The determination of the facility fee pursuant to this
section, including the redetermination of the base rate, is exempt
from Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
(c) Except as provided in subdivision (e), in computing the
facility fees, all of the following shall apply:
(1) The fee to be paid by a ministorage facility shall equal 25
percent of the base facility rate.
(2) The fee to be paid by a small storage facility shall equal the
base facility rate.
(3) The fee to be paid by a large storage facility shall equal
twice the base facility rate.
(4) The fee to be paid by a minitreatment facility shall equal 50
percent of the base facility rate.
(5) The fee to be paid by a small treatment facility shall equal
twice the base facility rate.
(6) The fee to be paid by a large onsite treatment facility shall
equal three times the base facility rate.
(7) The fee to be paid by a large offsite treatment facility shall
be as follows:
(A) The annual facility fees for 1998, 1999, and 2000 shall equal
2.25 times the base facility rate.
(B) Beginning with the annual facility fee for 2001, the annual
facility fee shall equal three times the base facility rate.
(8) The fee to be paid by a disposal facility shall equal 10 times
the base facility rate.
(9) (A) The fee to be paid by a facility with a postclosure permit
shall be five thousand seven hundred twenty-five dollars ($5,725)
annually for a small facility, eleven thousand four hundred fifty
dollars ($11,450) annually for a medium facility, and seventeen
thousand one hundred seventy-five dollars ($17,175) for a large
facility during the first five years of the postclosure period. The
fee to be paid by a facility with a postclosure permit during the
remaining years of the postclosure care period shall be three
thousand fifty dollars ($3,050) annually for a small facility, six
thousand one hundred dollars ($6,100) annually for a medium facility,
and ten thousand three hundred dollars ($10,300) annually for a
large facility.
(B) The fees required by subparagraph (A) shall be reduced by 50
percent for any facility for which an agency, other than the
department, is the lead agency pursuant to paragraph (1) of
subdivision (b) of Section 25204.6.
(d) If a facility falls into more than one category listed in
either subdivision (c) or (e), or any combination thereof, or
multiple operations under a single hazardous waste facilities permit
or grant of interim status fall into more than one category listed in
subdivision (c) or (e), or any combination thereof, the facility
operator shall pay only the rate for the facility category which is
the highest rate.
(e) Notwithstanding subdivision (c), the facility fee for a
facility that has been issued a standardized permit shall be as
follows:
(1) The fee to be paid for a facility that has been issued a
Series A standardized permit shall be eleven thousand seven hundred
thirty dollars ($11,730).
(2) The fee to be paid for a facility that has been issued a
Series B standardized permit shall be five thousand four hundred
ninety-seven dollars ($5,497).
(3) Except as specified in paragraph (4), the fee to be paid for a
facility that has been issued a Series C standardized permit shall
be four thousand six hundred seventeen dollars ($4,617).
(4) The fee for a facility that has been issued a Series C
standardized permit is two thousand three hundred eight dollars
($2,308) if the facility meets all of the following conditions:
(A) The facility treats not more than 1,500 gallons of liquid
hazardous waste and not more than 3,000 pounds of solid hazardous
waste in any calendar month.
(B) The total facility storage capacity does not exceed 15,000
gallons of liquid hazardous waste and 30,000 pounds of solid
hazardous waste.
(C) If the facility both treats and stores hazardous waste, the
facility does not exceed the volume limitations specified in
subparagraphs (A) and (B) for each individual activity.
(f) The fee imposed pursuant to this section shall be paid in
accordance with Part 22 (commencing with Section 43001) of Division 2
of the Revenue and Taxation Code.
25205.5. (a) In addition to the fee imposed pursuant to Section
25174.1, every generator of hazardous waste, in the amounts specified
in subdivision (c), shall pay the board a generator fee for each
generator site for each calendar year, or portion thereof, unless the
generator has paid a facility fee or received a credit, as specified
in Section 25205.2, for each specific site, for the calendar year
for which the generator fee is due.
(b) The base fee rate for the fee imposed pursuant to subdivision
(a) is two thousand seven hundred forty-eight dollars ($2,748).
(c) (1) Each generator who generates an amount equal to, or more
than, five tons, but less than 25 tons, of hazardous waste during the
prior calendar year shall pay 5 percent of the base rate.
(2) Each generator who generates an amount equal to, or more than,
25 tons, but less than 50 tons, of hazardous waste during the prior
calendar year shall pay 40 percent of the base rate.
(3) Each generator who generates an amount equal to, or more than,
50 tons, but less than 250 tons, of hazardous waste during the prior
calendar year shall pay the base rate.
(4) Each generator who generates an amount equal to, or more than,
250 tons, but less than 500 tons, of hazardous waste during the
prior calendar year shall pay five times the base rate.
(5) Each generator who generates an amount equal to, or more than,
500 tons, but less than 1,000 tons, of hazardous waste during the
prior calendar year shall pay 10 times the base rate.
(6) Each generator who generates an amount equal to, or more than,
1,000 tons, but less than 2,000 tons, of hazardous waste during the
prior calendar year shall pay 15 times the base rate.
(7) Each generator who generates an amount equal to, or more than,
2,000 tons of hazardous waste during the prior calendar year shall
pay 20 times the base rate.
(d) The base rate established pursuant to subdivision (b) was the
base rate for the 1997 calendar year and the board shall adjust the
base rate annually to reflect increases or decreases in the cost of
living, during the prior fiscal year, as measured by the Consumer
Price Index issued by the Department of Industrial Relations or by a
successor agency.
(e) The establishment of the annual operating fee pursuant to this
section is exempt from Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code.
(f) The following materials are not hazardous wastes for purposes
of this section:
(1) Hazardous materials which are recycled, and used onsite, and
are not transferred offsite.
(2) Aqueous waste treated in a treatment unit operating, or which
subsequently operates, pursuant to a permit-by-rule, or pursuant to
Section 25200.3 or 25201.5. However, hazardous waste generated by a
treatment unit treating waste pursuant to a permit-by-rule, by a unit
which subsequently obtains a permit-by-rule, or other authorization
pursuant to Section 25200.3 or 25201.5 is hazardous waste for
purposes of this section.
(g) The fee imposed pursuant to this section shall be paid in
accordance with Part 22 (commencing with Section 43001) of Division 2
of the Revenue and Taxation Code.
(h) (1) A generator who pays a hazardous waste generator
inspection fee to a certified unified program agency, which is
imposed as part of a single fee system and fee accountability program
that are both in compliance with the requirements of Section
25404.5, shall be eligible for a refund of all, or part of, the
generator fee paid pursuant to subdivision (a) if both of the
following conditions apply:
(A) The generator received a credit pursuant to Section 43152.7 or
43152.11 of the Revenue and Taxation Code for fees paid for
hazardous waste generated in 1996.
(B) The department certifies, pursuant to subdivision (b) of
Section 25205.9, that funds are available to pay all or part of the
refund.
(2) A generator who is eligible for a refund pursuant to paragraph
(1) shall submit an application for that refund to the board by
September 30 following the fiscal year during which the generator
paid the generator fee pursuant to subdivision (a). An application
for a refund postmarked after September 30 is void, shall not be
processed by the board, and shall be returned to the applicant.
(i) (1) A generator who transfers hazardous materials to an
offsite facility for recycling at that offsite facility or another
offsite facility shall be eligible for a refund of all, or part of,
the generator fee paid pursuant to subdivision (a) if all of the
following conditions apply:
(A) The offsite facility to which the hazardous materials are
manifested pays a facility fee pursuant to Section 25205.2.
(B) The amount of hazardous materials transferred to the offsite
facility and recycled there, when deducted from the total tonnage of
hazardous waste generated at the generator's site, results in the
generator becoming eligible for a generator fee that is lower than
the fee paid pursuant to subdivision (a).
(C) The hazardous materials transferred to the offsite facility
are not burned in a boiler, industrial furnace, or an incinerator, as
those terms are defined in Section 260.10 of Title 40 of the Code of
Federal Regulations, used in a manner constituting disposal, or used
to produce products that are applied to land.
(D) The department certifies, pursuant to subdivision (b) of
Section 25205.9, that funds are available to pay all or part of the
refund.
(2) A generator who is eligible for a refund pursuant to paragraph
(1) shall submit an application for that refund to the board by
September 30 following the fiscal year during which the generator
paid the generator fee pursuant to subdivision (a). An application
for a refund postmarked after September 30 is void, shall not be
processed by the board, and shall be returned to the applicant.
(j) (1) The amendment of this section made by Chapter 1125 of the
Statutes of 1991 does not constitute a change in, but is declaratory
of, existing law.
(2) The amendment of subdivision (a) of this section made by
Chapter 259 of the Statutes of 1996 does not constitute a change in,
but is declaratory of, existing law.
25205.5.1. Notwithstanding Sections 25174.1 and 25205.5, the
department may adopt regulations exempting victims of disasters from
the hazardous waste disposal fee imposed pursuant to Section 25174.1
and the generator fee imposed pursuant to Section 25205.5. The
regulations may allow that exemption if all of the following apply:
(a) The hazardous waste is generated in a geographical area
identified in a state of emergency proclamation by the Governor
pursuant to Section 8625 of the Government Code because of fire,
flood, storm, earthquake, riot, or civil unrest.
(b) The hazardous waste is generated when property owned or
controlled by the victim is damaged or destroyed as a result of the
disaster.
(c) The hazardous waste is not hazardous waste that is routinely
produced as part of a manufacturing or commercial business or that is
managed by a hazardous waste facility or a facility operated by a
generator of hazardous waste who files a hazardous waste notification
statement with the department pursuant to subdivision (a) of Section
25158.
(d) The victim meets any other condition or limitation on
eligibility specified by the department.
25205.6. (a) For purposes of this section, "organization" means a
corporation, limited liability company, limited partnership, limited
liability partnership, general partnership, and sole proprietorship.
(b) On or before November 1 of each year, the department shall
provide the board with a schedule of codes, that consists of the
types of organizations that use, generate, store, or conduct
activities in this state related to hazardous materials, as defined
in Section 25501, including, but not limited to, hazardous waste. The
schedule shall consist of identification codes from one of the
following classification systems, as deemed suitable by the
department:
(1) The Standard Industrial Classification (SIC) system
established by the United States Department of Commerce.
(2) The North American Industry Classification System (NAICS)
adopted by the United States Census Bureau.
(c) Each organization of a type identified in the schedule adopted
pursuant to subdivision (a) shall pay an annual fee, which shall be
set in the following amounts:
(1) Two hundred dollars ($200) for those organizations with 50 or
more employees, but less than 75 employees.
(2) Three hundred fifty dollars ($350) for those organizations
with 75 or more employees, but less than 100 employees.
(3) Seven hundred dollars ($700) for those organizations with 100
or more employees, but less than 250 employees.
(4) One thousand five hundred dollars ($1,500) for those
organizations with 250 or more employees, but less than 500
employees.
(5) Two thousand eight hundred dollars ($2,800) for those
organizations with 500 or more employees, but less than 1,000
employees.
(6) Nine thousand five hundred dollars ($9,500) for those
organizations with 1,000 or more employees.
(d) The fee imposed pursuant to this section shall be paid by each
organization that is identified in the schedule adopted pursuant to
subdivision (a) in accordance with Part 22 (commencing with Section
43001) of Division 2 of the Revenue and Taxation Code and shall be
deposited in the Toxic Substances Control Account. The revenues shall
be available, upon appropriation by the Legislature, for the
purposes specified in subdivision (b) of Section 25173.6.
(e) For purposes of this section, the number of employees employed
by an organization is the number of persons employed in this state
for more than 500 hours during the calendar year preceding the
calendar year in which the fee is due.
(f) The fee rates specified in subdivision (c) are the rates for
the 1998 calendar year. Beginning with the 1999 calendar year, and
for each calendar year thereafter, the State Board of Equalization
shall adjust the rates annually to reflect increases or decreases in
the cost of living during the prior fiscal year, as measured by the
Consumer Price Index issued by the Department of Industrial Relations
or by a successor agency.
(g) (1) Pursuant to paragraph (3) of subsection (c) of Section 104
of the federal Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended (42 U.S.C. Sec. 9604(c)(3)),
the state is obligated to pay specified costs of removal and remedial
actions carried out pursuant to the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (42 U.S.C. Sec. 9601 et seq.).
(2) The fee rates specified in subdivision (c) are intended to
provide sufficient revenues to fund the purposes of subdivision (b)
of Section 25173.6, including appropriations in any given fiscal year
of three million three hundred thousand dollars ($3,300,000) to fund
the state's obligation pursuant to paragraph (3) of subsection (c)
of Section 104 of the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec.
9604(c)(3)).
(3) If the department determines that the state's obligation under
paragraph (3) of subsection (c) of Section 104 of the federal
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as amended (42 U.S.C. Sec. 9604(c)(3)) will exceed three
million three hundred thousand dollars ($3,300,000) in any fiscal
year, the department shall report that determination to the
Legislature in the Governor's Budget. If, as part of the Budget Act
deliberations, the Legislature concurs with the department's
determination, the Legislature shall specify in the annual Budget Act
those pro rata changes to the fee rates specified in subdivision (c)
that will increase revenues in the next calendar year as necessary
to fund the state's increased obligations. However, the Legislature
shall not specify fee rates in the annual Budget Act that increase
revenues in an amount greater than eight million two hundred thousand
dollars ($8,200,000) above the revenues provided by the fee rates
specified in subdivision (c).
(4) Any changes in the fee rates approved by the Legislature in
the annual Budget Act pursuant to this subdivision shall have effect
only on the fee payment that is due and payable by the end of
February in the fiscal year for which that annual Budget Act is
enacted.
(h) This section does not apply to a nonprofit corporation
primarily engaged in the provision of residential social and personal
care for children, the aged, and special categories of persons with
some limits on their ability for self-care, as described in SIC Code
8361 of the Standard Industrial Classification (SIC) Manual published
by the United States Office of Management and Budget, 1987 edition.
(i) The changes made to this section by the act of the 2005-06
Regular Session of the Legislature amending this section shall not
increase fee revenues in the 2006-07 fiscal year.
25205.7. (a) (1) Except as otherwise provided in this section, any
person who applies for, or requests, one of the following shall enter
into a written agreement with the department pursuant to which that
person shall reimburse the department, pursuant to Article 9.2
(commencing with Section 25206.1), for the costs incurred by the
department in processing the application or responding to the
request:
(A) A new hazardous waste facilities permit, including a
standardized permit.
(B) A hazardous waste facilities permit for postclosure.
(C) A renewal of an existing hazardous waste facilities permit,
including a standardized permit or postclosure permit.
(D) A class 2 or class 3 modification of an existing hazardous
waste facilities permit or grant of interim status, including a
standardized permit or grant of interim status or a postclosure
permit.
(E) A variance.
(F) A waste classification determination.
(2) Any agreement required pursuant to paragraph (1) may provide
for some, or all, of the reimbursement to be made in advance of the
processing of the application or the response to the request.
(3) Any agreement entered into pursuant to this subdivision may
include costs of reviewing and overseeing corrective action as set
forth in subdivision (b).
(4) This subdivision does not apply to any application or request
submitted to the department prior to July 1, 1998. Any person who
submitted such an application or request shall pay the applicable
fee, if not already paid, for the application or request as required
by this chapter as it read prior to January 1, 1998, unless the
department and the applicant or requester mutually agree to enter
into a reimbursement agreement in lieu of any unpaid portion of the
required fee.
(b) The department shall recover all the department's costs in
reviewing and overseeing any corrective action program described in
the application for a standardized permit pursuant to subparagraph
(C) of paragraph (2) of subdivision (c) of Section 25201.6 or
required pursuant to subdivision (b) of Section 25200.10, and in
reviewing and overseeing any corrective action work undertaken at the
facility pursuant to that corrective action program.
(c) Any reimbursements received pursuant to this section shall be
placed in the Hazardous Waste Control Account for appropriation in
accordance with Section 25174.
(d) (1) In lieu of entering into a reimbursement agreement with
the department pursuant to subdivision (a), any person who applies
for a new permit, a permit for postclosure, a renewal of an existing
permit, or a class 2 or class 3 permit modification may instead elect
to pay a fee as follows:
(A) A person submitting a hazardous waste facilities permit
application for a land disposal facility shall pay one hundred four
thousand one hundred eighty-seven dollars ($104,187) for a small
facility, two hundred twenty-two thousand one hundred eighty-three
dollars ($222,183) for a medium facility, and three hundred
eighty-one thousand six hundred two dollars ($381,602) for a large
facility.
(B) A person submitting a hazardous waste facilities permit
application for any incinerator shall pay sixty-two thousand seven
hundred sixty-two dollars ($62,762) for a small facility, one hundred
thirty-three thousand sixty dollars ($133,060) for a medium
facility, and two hundred twenty-eight thousand four hundred
fifty-eight dollars ($228,458) for a large facility.
(C) Except as provided in subparagraph (D), a person submitting a
hazardous waste facility permit application for a storage facility, a
treatment facility, or a storage and treatment facility shall pay
twenty-one thousand three hundred forty dollars ($21,340) for a small
facility, thirty-eight thousand nine hundred thirteen dollars
($38,913) for a medium facility, and seventy-five thousand three
hundred seventeen dollars ($75,317) for a large facility.
(D) A person submitting an application for a standardized permit
for a storage facility, a treatment facility, or a storage and
treatment facility, as specified in Section 25201.6, shall pay
thirty-two thousand fifty-two dollars ($32,052) for a Series A
standardized permit, twenty thousand eleven dollars ($20,011) for a
Series B standardized permit, and five thousand three hundred
thirty-two dollars ($5,332) for a Series C standardized permit. The
board shall assess the fees specified in this subparagraph, in
accordance with paragraph (2), based upon the classifications
specified in subdivision (a) of Section 25201.6.
(E) (i) A person submitting a hazardous waste facilities permit
application for a transportable treatment unit shall pay sixteen
thousand three hundred twenty dollars ($16,320) for a small unit,
thirty-seven thousand six hundred fifty-seven dollars ($37,657) for a
medium unit, and seventy-five thousand three hundred seventeen
dollars ($75,317) for a large unit.
(ii) Notwithstanding clause (i), the fee for any application for a
new permit, permit modification, or permit renewal for a
transportable treatment unit, that was pending before the department
as of January 1, 1996, shall be determined according to the type of
permit authorizing operation of that unit, as provided by subdivision
(d) of Section 25200.2 or the regulations adopted pursuant to
subdivision (a) of Section 25200.2. Any standardized permit issued to
the operator of a transportable treatment unit after January 1,
1996, that succeeds a full hazardous waste facilities permit issued
by the department prior to January 1, 1996, in accordance with
subdivision (d) of Section 25200.2 or the regulations adopted
pursuant to subdivision (a) of Section 25200.2, shall not be
considered to be a new hazardous waste facilities permit.
(F) A person submitting a hazardous waste facilities permit
application for a postclosure permit shall pay a fee of ten thousand
forty dollars ($10,040) for a small facility, twenty-two thousand
five hundred ninety-six dollars ($22,596) for a medium facility, and
thirty-seven thousand six hundred fifty-seven dollars ($37,657) for a
large facility.
(G) A person submitting an application for one or more class 2
permit modifications, including a class 2 modification to a
standardized permit, shall pay a fee equal to 20 percent of the fee
for a new permit for that facility for each unit directly impacted by
the modifications, up to a maximum of 40 percent for each
application, except that each person who applies for one or more
class 2 permit modifications for a land disposal facility or an
incinerator shall pay a fee equal to 15 percent of the fee for a new
permit for that facility for each unit directly impacted by the
modifications, up to a maximum of 30 percent for each application.
(H) A person submitting an application for one or more class 3
permit modifications, including a class 3 modification to a
standardized permit, shall pay a fee equal to 40 percent of the fee
for a new permit for that facility for each unit directly impacted by
the modifications, up to a maximum of 80 percent for each
application, except that a person who applies for one or more class 3
permit modifications for a land disposal facility or an incinerator
shall pay a fee equal to 30 percent of the fee for a new permit for
that facility for each unit directly impacted by the modifications,
up to a maximum of 60 percent for each application.
(I) A person who submits an application for renewal of any
existing permit shall pay an amount equal to the fee that would have
been assessed had the person requested the same changes in a
modification application, but not less than one-half the fee required
for a new permit.
(J) A person who submits a single application for a facility that
falls within more than one fee category shall pay only the higher
fee.
(2) The fees required by paragraph (1) shall be assessed by the
board upon application to the department. For a facility operating
pursuant to a grant of interim status, the submittal of the
application shall be the submittal of the Part B application in
accordance with regulations adopted by the department. The fee shall
be nonrefundable, even if the application is withdrawn or denied. The
department shall provide the board with any information that is
necessary to assess fees pursuant to this section. The fee shall be
collected in accordance with Part 22 (commencing with Section 43001)
of Division 2 of the Revenue and Taxation Code, and deposited into
the Hazardous Waste Control Account.
(3) The amounts stated in this subdivision are the base rates for
the 1997 calendar year. Thereafter, the fees shall be adjusted
annually by the board to reflect increases or decreases in the cost
of living, during the prior fiscal year, as measured by the Consumer
Price Index issued by the Department of Industrial Relations, or a
successor agency.
(4) Except as provided in paragraph (5), for purposes of this
section, and notwithstanding Section 25205.1, any facility or unit is
"small" if it manages 0.5 tons (1,000 pounds) or less of hazardous
waste during any one month of the state's current fiscal year,
"medium" if it manages more than 0.5 tons (1,000 pounds), but less
than 1,000 tons, of hazardous waste during any one month of the state'
s current fiscal year, and "large" if it manages 1,000 or more tons
of hazardous waste during any one month of the state's current fiscal
year.
(5) For purposes of subparagraph (F) of paragraph (1) of this
subdivision and paragraph (8) of subdivision (c) of Section 25205.4,
any facility or unit is "small" if 0.5 tons (1,000 pounds) or less of
hazardous waste remain after closure, "medium" if more than 0.5 tons
(1,000 pounds), but less than 1,000 tons of hazardous waste remain
after closure, and "large" if 1,000 or more tons of hazardous waste
remain after closure.
(6) The amounts stated in this subdivision are in addition to any
amounts required to reimburse the department for the corrective
action review and oversight costs required to be recovered pursuant
to subdivision (b).
(e) Subdivision (a) does not apply to any variance granted
pursuant to Article 4 (commencing with Section 66263.40) of Chapter
13 of Division 4.5 of Title 22 of the California Code of Regulations.
(f) Subdivisions (a) and (d) do not apply to a permit modification
resulting from a revision of a facility's or operator's closure plan
if the facility is exempted from fees pursuant to subdivision (e) of
Section 25205.3, or if the operator is subject to paragraph (2) or
(3) of subdivision (d) of Section 25205.2.
(g) (1) Except as provided in paragraphs (3) and (4), subdivisions
(a) and (d) do not apply to any permit or variance to operate a
research, development, and demonstration facility, if the duration of
the permit or variance is not longer than one year, unless the
permit or variance is renewed pursuant to the regulations adopted by
the department.
(2) For purposes of this section, a "research, development, and
demonstration facility" is a facility which proposes to utilize an
innovative and experimental hazardous waste treatment technology or
process for which regulations prescribing permit standards have not
been adopted.
(3) The exemption provided by this subdivision does not apply to a
facility which operates as a medium or large multiuser offsite
commercial hazardous waste facility and which does not otherwise
possess a hazardous waste facilities permit pursuant to Section
25200.
(4) The fee exemption authorized pursuant to paragraph (1) shall
be effective for a total duration of not more than two years.
(h) Subdivisions (a) and (d) do not apply to any of the following:
(1) Any variance issued to a public agency to transport wastes for
purposes of operating a household hazardous waste collection
facility, or to transport waste from a household hazardous waste
collection facility, which receives household hazardous waste or
hazardous waste from conditionally exempted small quantity generators
pursuant to Article 10.8 (commencing with Section 25218).
(2) A permanent household hazardous waste collection facility.
(3) Any variance issued to a public agency to conduct a collection
program for agricultural wastes.
(i) Notwithstanding subdivisions (a) and (b), the department shall
not assess any fees or seek any reimbursement for the department's
costs in reviewing and overseeing any preliminary site assessment in
conjunction with a hazardous waste facilities permit application.
(j) The changes made in this section by Chapter 870 of the
Statutes of 1997 do not require amendment of, or otherwise affect,
any agreement entered into prior to July 1, 1998, pursuant to which
any person has agreed to reimburse the department for the costs
incurred by the department in processing applications, responding to
requests, or otherwise providing other services pursuant to this
chapter.
25205.9. (a) On or before June 30 of each year, the department
shall determine if there are surplus funds in the Hazardous Waste
Control Account and shall, upon appropriation by the Legislature,
allocate these surplus funds to pay refunds in the following order of
priority:
(1) To pay refunds to generators pursuant to subdivision (c).
(2) To pay refunds to generators pursuant to subdivision (d).
However, the department shall not pay refunds pursuant to subdivision
(d) until all applications for refunds pursuant to subdivision (c)
have first been paid.
(b) The department shall certify the amount of the surplus in the
Hazardous Waste Control Account to the board and shall direct the
board to pay refunds to generators pursuant to subdivisions (c) and
(d) to the extent funds permit. If funds are not sufficient to pay
all the refunds for which the board receives applications pursuant to
subdivision (h) of Section 25205.5, the department shall direct the
board to pay refunds pursuant to subdivision (c) on a pro rata basis.
If funds are sufficient to pay all refunds for which applications
are received pursuant to subdivision (h) of Section 25205.5 but not
sufficient to pay all refunds for which applications were received by
the board pursuant to subdivision (i) of Section 25205.5, the
department shall direct the board to pay refunds pursuant to
subdivision (d) on a pro rata basis.
(c) (1) If the department certifies that there are sufficient
funds to do so, the board shall issue refunds, in the manner directed
by the department pursuant to subdivision (b), to hazardous waste
generators who are eligible for refunds pursuant to paragraph (1) of
subdivision (h) of Section 25205.5.
(2) The refund made to a generator pursuant to this subdivision
shall not exceed the fee paid by the generator pursuant to Section
25205.5, or exceed the hazardous waste generator inspection fee paid
to the certified unified program agency for the previous calendar
year, whichever is less.
(3) The board may issue refunds pursuant to this section only if
the department certifies, pursuant to subdivision (b), that funds for
these refunds are available.
(d) (1) If the department certifies that there are sufficient
funds to do so, the board shall issue refunds, in the manner directed
by the department pursuant to subdivision (b), to hazardous waste
generators who are eligible for refunds pursuant to paragraph (1) of
subdivision (i) of Section 25205.5.
(2) The refund made to a generator pursuant to this subdivision
shall be equal to the difference between the amount of the generator
fee paid by the generator pursuant to Section 25205.5 and the amount
the generator would have paid if the amount of hazardous materials
transferred to an offsite facility for recycling had been deducted
from the total tonnage of hazardous waste generated at the generator'
s site. However, if a generator receives a refund pursuant to
subdivision (c), the generator may not receive a refund pursuant to
this subdivision that exceeds the difference between the amount of
the generator fee paid pursuant to Section 25205.5 and the amount of
the refund received pursuant to subdivision (c).
(3) The board may issue refunds pursuant to this subdivision only
if the department certifies, pursuant to subdivision (b), that funds
for these refunds are available.
(e) For purposes of this section, "surplus" means the amount in
the Hazardous Waste Control Account on June 30 of each year that is
in excess of the reserve required by subdivision (k) of Section
25174.
25205.12. (a) The owner of a hazardous waste facility authorized to
operate pursuant to a permit-by-rule, authorized under a grant of
conditional authorization pursuant to Section 25200.3, exempted
pursuant to subdivision (a) or (c) of Section 25201.5, or exempted
pursuant to Section 25144.6 or 25201.14 is exempt from the facility
fee specified in Section 25205.2 for any activities authorized by the
permit-by-rule, under a grant of conditional authorization pursuant
to Section 25200.3, exempted pursuant to subdivision (a) or (c) of
Section 25201.5, or exempted pursuant to Section 25144.6 or 25201.14
at that facility for any year or reporting period during which the
facility is operating.
(b) The retroactive portion of the facility fee exemption provided
by subdivision (a) does not apply to any facility that was
authorized by the department to operate on or before June 1, 1991,
for any fees paid or billed prior to September 1, 1992.
(c) The operator of a hazardous waste facility authorized by the
department to clean and recycle excavated underground storage tanks
is exempt from the facility fee specified in Section 25205.2 with
regard to those activities conducted before January 1, 1994, and
those activities conducted after that date, until the effective date
of a regulation adopted by the department governing the statewide
requirements for the issuance of a permit for tank cleaning and
recycling facilities.
(d) The operator of a hazardous waste facility operating pursuant
to a standardized permit or a grant of interim status, as specified
in Section 25201.6, is exempt from the facility fee specified in
Sections 25205.2 and 25205.4 for any year or reporting period prior
to January 1, 1993, during which the facility operated, if the
hazardous waste treatment or storage activity was conducted prior to
January 1, 1993, and the owner or operator is in compliance with the
notification and application requirements of Section 25201.6, as
amended in the 1993-94 Regular Session of the Legislature, or as
amended thereafter, and either of the following circumstances apply:
(1) The owner or operator was not authorized by the department
before July 1, 1993, to conduct the eligible treatment or storage
activity.
(2) The owner or operator did not pay a hazardous waste facility
fee, as specified in Section 25205.2, for that year or reporting
period prior to July 1, 1993, for the facility that is the subject of
the standardized permit.
25205.13. (a) Notwithstanding any other provision of law or
regulation, for the 1993 reporting period, the deadline for
submitting permit-by-rule fixed treatment unit facility-specific
notifications and unit-specific notifications is April 1, 1993, or 60
days prior to commencing the first treatment of that waste,
whichever date is later.
(b) The development and publication of the notification form for a
fixed or transportable treatment unit operating pursuant to a
permit-by-rule, as specified in subdivisions (a) and (b) of Section
67450.2 of Title 22 of the California Code of Regulations, is not
subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. The department shall
hold at least one public workshop concerning the development of the
notification form.
(c) A facility or transportable treatment unit operating pursuant
to a permit-by-rule shall provide the following information with the
notifications required pursuant to subdivisions (a) and (b) of
Section 67450.2 of Title 22 of the California Code of Regulations:
(1) The basis for determining that a hazardous waste facility
permit is not required under the federal act.
(2) Documentation of any convictions, judgments, settlements, or
orders resulting from an action by any local, state, or federal
environmental or public health enforcement agency concerning the
operation of the facility within the last three years, as the
documents would be available under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code or the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
the Civil Code.
(3) A waste minimization certificate, as specified in Section
25202.9.
(d) The facility or transportable treatment unit operating
pursuant to a permit-by-rule shall treat only waste which is
generated onsite.
25205.14. (a) Except as provided in Section 25404.5, the owner or
operator of a facility or transportable treatment unit operating
pursuant to a permit-by-rule shall pay a fee to the board per
facility or transportable treatment unit for each reporting period,
or portion thereof. The fee for the 1997 reporting period shall be
nine hundred fifty-eight dollars ($958). Until July 1, 1998, the
owner or operator of a facility or transportable treatment unit
operating pursuant to a permit-by-rule shall also pay a fee in the
amount of 50 percent of the fee specified in this subdivision for
each modification of the notification required by Sections 67450.2
and 67450.3 of Title 22 of the California Code of Regulations, as
those sections read on January 1, 1995, or as those sections may
subsequently be amended. Thereafter, the fee shall be adjusted
annually by the board to reflect increases and decreases in the cost
of living, as measured by the Consumer Price Index issued by the
Department of Industrial Relations or a successor agency. The
reporting period shall begin January 1 of each calendar year. On or
before January 31 of each calendar year, the department shall notify
the board of all known owners or operators operating pursuant to a
permit-by-rule who are not exempted from this fee pursuant to Section
25404.5. The department shall also notify the board of any owner or
operator authorized to operate pursuant to a permit-by-rule, who is
not exempted from this fee pursuant to Section 25404.5, within 60
days after the owner or operator is authorized.
(b) Except as provided in Section 25404.5, a generator operating
under a grant of conditional authorization pursuant to Section
25200.3 shall pay a fee to the board per facility for each reporting
period, or portion thereof, unless the generator is subject to a fee
under a permit-by-rule. The fee for the 1997 reporting period shall
be nine hundred fifty-eight dollars ($958). Thereafter, the fee shall
be adjusted annually by the board to reflect increases and decreases
in the cost of living, during the prior fiscal year, as measured by
the Consumer Price Index issued by the Department of Industrial
Relations or a successor agency. The reporting period shall begin
January 1 of each calendar year. On or before January 31 of each
calendar year, the department shall notify the board of all known
generators operating pursuant to a grant of conditional authorization
under Section 25200.3 who are not exempted from this fee pursuant to
Section 25404.5. The department shall also notify the board of any
generator authorized to operate under a grant of conditional
authorization, who is not exempted from this fee pursuant to Section
25404.5, within 60 days of the receipt of notification.
(c) Except as provided in Section 25404.5, a generator performing
treatment conditionally exempted pursuant to Section 25144.6 or
subdivision (a) or (c) of Section 25201.5 shall pay thirty-eight
dollars ($38) to the board per facility for each reporting period,
unless that generator is subject to a fee under a permit-by-rule or a
conditional authorization pursuant to Section 25200.3. Until July 1,
1998, a generator performing treatment conditionally exempted
pursuant to Section 25144.6 or subdivision (a) or (c) of Section
25201.5 shall pay one hundred dollars ($100) to the board per
facility for the initial operating period, or portion thereof, unless
that generator is subject to a fee under a permit-by-rule or a
conditional authorization pursuant to Section 25200.3. The reporting
period shall begin January 1 of each calendar year. On or before
January 31 of each calendar year, the department shall notify the
board of all known facilities performing treatment conditionally
exempted by Section 25144.6 or subdivision (a) or (c) of Section
25201.5 who are not exempted from this fee pursuant to Section
25404.5. The department shall also notify the board of any generator
who notifies the department that the generator is conducting a
conditionally exempt treatment operation, and who is not exempted
from this fee pursuant to Section 25404.5, within 60 days of the
receipt of the notification.
(d) The fees imposed pursuant to this section shall be paid in
accordance with Part 22 (commencing with Section 43001) of Division 2
of the Revenue and Taxation Code.
25205.15. (a) Except for the first four manifests used in a
calendar year by a business with less than 100 employees, and except
as provided in paragraph (2), in addition to any fees to cover
printing and distribution costs, the department shall impose a
manifest fee of seven dollars and fifty cents ($7.50) for each
California Hazardous Waste Manifest form or electronic equivalent
used after June 30, 1998, by any person, in the following manner:
(1) The department shall bill generators for each California
Uniform Hazardous Waste Manifest form, manifest number, or electronic
equivalent used after June 30, 1998. The billing frequency specified
by the department may range from monthly to annually, with the
payment by the generator required within 30 days from the date of
receipt of the billing, and shall be determined based on consultation
with the regulated community. In preparing the bills, the department
shall distinguish between manifests used solely for recycled
hazardous wastes and those used for nonrecycled hazardous wastes. In
determining the billing frequency, the department may take into
account each person's volume of manifest usage.
(2) (A) The manifest fee shall not be collected on the use of
California Hazardous Waste Recycling Manifests that are used solely
for hazardous wastes that are recycled.
(B) The manifest fee for each California Uniform Hazardous Waste
Manifest form used solely for hazardous waste derived from air
compliance solvents, shall be three dollars and fifty cents ($3.50)
This is in addition to any fees charged to cover printing and
distribution costs.
(3) The department shall implement a system for the use of
manifests that distinguishes among recycling manifests used solely
for hazardous wastes that are to be recycled, manifests used solely
to transport hazardous waste derived from air compliance solvents,
and general manifests that may be used for transporting waste for any
purpose.
(4) (A) If a person erroneously reports on a California Uniform
Hazardous Waste Manifest that the manifest is being used for the
transport of hazardous wastes that are being shipped for recycling or
for the transport of hazardous wastes derived from air compliance
solvents rather than the transport of other types of hazardous waste,
the person shall pay the seven dollars and fifty cents ($7.50)
manifest fee and an additional error correction fee of twenty dollars
($20) per manifest, as required pursuant to Section 25160.5.
(B) Notwithstanding subparagraph (A) the department shall provide
the manifest user with a reasonable opportunity to notify the
department of any incorrect use of the recycling manifest, as
described in subparagraph (A), and to provide the department with the
appropriate manifest fee payment without additional fines,
penalties, or payment of the error correction fee.
(5) The department may adopt regulations to implement and
administer the manifest fee system imposed pursuant to this
subdivision.
(b) For purposes of subdivision (a), a California Uniform
Hazardous Waste Manifest means either of the following:
(1) A manifest document printed and supplied by the state for a
shipment initiated on and before September 4, 2006.
(2) The Uniform Hazardous Waste Manifest printed by a source
registered with the United States Environmental Protection Agency for
a shipment initiated on and after September 5, 2006, if the manifest
originates from a generator located in California, is received by
the designated facility located in California where the manifest is
signed and terminated, or is imported or exported through a point of
entry or exit in California.
(c) On and after July 1, 1999, commencing with 1999-2000 fiscal
year and annually thereafter, the department shall expend, upon
appropriation by the Legislature in the annual Budget Act, not less
than one million fifty thousand dollars ($1,050,000) from the
manifest fees, deposited in the Hazardous Waste Control Account, to
establish a program to encourage hazardous waste generators to
implement pollution prevention measures. The program shall be
administered pursuant to administrative and expenditure criteria to
be established by the Legislature.
(d) The manifest fees shall be deposited in the Hazardous Waste
Control Account and be available for expenditure, upon appropriation
by the Legislature.
(e) For purposes of this section, "air compliance solvent" means a
solvent, including aqueous solutions, that are required or approved
for use by regulations adopted by the State Air Resources Board, an
air pollution control district, or an air quality management
district, to meet air emission standards adopted by that board or
district and, pursuant to those regulations, is required to be used
instead of another solvent that was used and recycled prior to the
adoption of those regulations.
25205.16. (a) (1) The department may impose an annual verification
fee upon all generators, transporters, and facility operators with 50
or more employees that possess a valid identification number issued
either by the department or by the Environmental Protection Agency.
The fee charged shall be one hundred fifty dollars ($150) for each
generator, transporter, and facility operator with 50 or more
employees, but less than 75 employees; one hundred seventy-five
dollars ($175) for each generator, transporter, and facility operator
with 75 or more employees, but less than 100 employees; two hundred
dollars ($200) for each generator, transporter, and facility operator
with 100 or more employees, but less than 250 employees; two hundred
twenty-five dollars ($225) for each generator, transporter, and
facility operator with 250 or more employees, but less than 500
employees; two hundred fifty dollars ($250) for each generator,
transporter, and facility operator with 500 or more employees.
However, no generator, transporter, or facility operator shall be
assessed fees pursuant to this section that exceed, in total, five
thousand dollars ($5,000).
(2) The generator, transporter, or facility operator subject to
the fee shall submit payment of the fee within 30 days from the date
of receiving a notice of assessment from the department. The notice
shall be sent once during each fiscal year to each holder of a valid
identification number. The fee imposed by this section shall be
deposited in the Hazardous Waste Control Account and be available for
expenditure, upon appropriation by the Legislature. For purposes of
this section, "employee" shall have the same meaning set forth in
Section 25205.6.
(b) The department shall establish an identification number
certification system to biennially verify the accuracy of information
related to generators, transporters, and facilities authorized to
treat, store, or dispose of hazardous waste. However, if the number
of identification numbers issued since the previous certification
exceeds 20 percent of the active identification numbers, the
department may implement an annual certification. Each entity issued
an identification number shall provide or verify the information
specified in paragraphs (1) to (9), inclusive, when requested by the
department. The system shall include the provision or verification of
all of the following information:
(1) The name, mailing address, facsimile number, fictitious
business name, federal employer number, State Board of Equalization
identification number, SIC code, electronic mail address, if
available, and telephone number of the firm or organization engaged
in hazardous waste activities.
(2) The name, mailing address, facsimile number, and telephone
number of the owner of the firm or organization.
(3) The name, title, mailing address, facsimile number, and
telephone number of a contact person for the firm or organization.
(4) The identification number assigned to the firm or
organization.
(5) The site location address or description associated with the
firm or organization's identification number provided in paragraph
(4).
(6) T
25205.1. For purposes of this article, the following definitions
apply:
(a) "Board" means the State Board of Equalization.
(b) "Facility" means any units or other structures, and all
contiguous land, used for the treatment, storage, disposal, or
recycling of hazardous waste, for which a permit or a grant of
interim status has been issued by the department for that activity
pursuant to Article 9 (commencing with Section 25200).
(c) "Large storage facility," in those cases in which total
storage capacity is provided in a permit, interim status document, or
federal Part A application for the facility, means a storage
facility with capacity to store 1,000 or more tons of hazardous
waste. In those cases in which it is not so provided, "large storage
facility" means a storage facility that stores 1,000 or more tons of
hazardous waste during any one month of the current reporting period
commencing on or after July 1, 1991.
(d) "Large treatment facility," in those cases in which total
treatment capacity is provided in a permit, interim status document,
or federal Part A application for the facility, means a treatment
facility with capacity to treat, land treat, or recycle 1,000 or more
tons of hazardous waste. In those cases in which it is not so
provided, "large treatment facility" means a treatment facility that
treats, land treats, or recycles 1,000 or more tons of hazardous
waste during any one month of the current reporting period commencing
on or after July 1, 1991.
(e) "Generator" means a person who generates hazardous waste at an
individual site commencing on or after July 1, 1988. A generator
includes, but is not limited to, a person who is identified on a
manifest as the generator and whose identification number is listed
on that manifest, if that identifying information was provided by
that person or by an agent or employee of that person.
(f) "Ministorage facility," in those cases in which total storage
capacity is provided in a permit, interim status document, or federal
Part A application for the facility, means a storage facility with
capacity to store 0.5 tons (1,000 pounds) or less of hazardous waste.
In those cases in which it is not so provided, "ministorage facility"
means a storage facility that stores 0.5 tons (1,000 pounds) or less
of hazardous waste during any one month of the current reporting
period commencing on or after July 1, 1991.
(g) "Minitreatment facility," in those cases in which total
treatment capacity is provided in a permit, interim status document,
or federal Part A application for the facility, means a treatment
facility with capacity to treat, land treat, or recycle 0.5 tons
(1,000 pounds) or less of hazardous waste. In those cases in which it
is not so provided, "minitreatment facility, means a treatment
facility that treats, land treats, or recycles 0.5 tons (1,000
pounds) or less of hazardous waste during any one month of the
current reporting period commencing on or after July 1, 1991.
(h) "Site" means the location of an operation that generates
hazardous wastes and is noncontiguous to any other location of these
operations owned by the generator.
(i) "Small storage facility," in those cases in which total
storage capacity is provided in a permit, interim status document, or
federal Part A application for the facility, means a storage
facility with capacity to store more than 0.5 tons (1,000 pounds),
but less than 1,000 tons of hazardous waste. In those cases in which
it is not so provided, "small storage facility" means a storage
facility that stores more than 0.5 tons (1,000 pounds), but less than
1,000 tons, of hazardous waste during any one month of the current
reporting period commencing on or after July 1, 1991.
(j) "Small treatment facility," in those cases in which total
treatment capacity is provided in a permit, interim status document,
or federal Part A application for the facility, means a treatment
facility with capacity to treat, land treat, or recycle more than 0.5
tons (1,000 pounds), but less than 1,000 tons of hazardous waste. In
those cases in which this is not provided, "small treatment facility"
means a treatment facility that treats, land treats, or recycles
more than 0.5 tons (1,000 pounds), but less than 1,000 tons, of
hazardous waste during any month of the current reporting period
commencing on or after July 1, 1991.
(k) "Unit" means a hazardous waste management unit, as defined in
regulations adopted by the department. If an area is designated as a
hazardous waste management unit in a permit, it shall be conclusively
presumed that the area is a "unit."
(l) "Class 1 modification," "class 2 modification," and "class 3
modification" have the meanings provided in regulations adopted by
the department.
(m) "Hazardous waste" has the meaning provided in Section 25117.
The total tonnage of hazardous waste, unless otherwise provided by
law, includes the hazardous substance as well as any soil or other
substance that is commingled with the hazardous substance.
(n) "Land treat" means to apply hazardous waste onto or
incorporate it into the soil surface for the sole and express purpose
of degrading, transforming, or immobilizing the hazardous
constituents.
(o) "Treatment," "storage," and "disposal" mean only that
treatment, storage, or disposal of hazardous waste engaged in at a
facility pursuant to a permit or grant of interim status issued by
the department pursuant to Article 9 (commencing with Section 25200).
Treatment, storage, or disposal that does not require this permit or
grant of interim status shall not be considered treatment, storage,
or disposal for purposes of this article.
(1) "Disposal" includes only the placement of hazardous waste onto
or into the ground for permanent disposition and does not include
the placement of hazardous waste in surface impoundments, as defined
in regulations adopted by the department, or the placement of
hazardous waste onto or into the ground solely for purposes of land
treatment.
(2) "Storage" does not include the ongoing presence of hazardous
wastes in the ground or in surface impoundments after the facility
has permanently discontinued accepting new hazardous wastes for
placement into the ground or into surface impoundments.
25205.2. (a) Except as provided in subdivisions (c) and (h), in
addition to the fees specified in Section 25174.1, each operator of a
facility shall pay a facility fee for each reporting period, or any
portion thereof, to the board based on the size and type of the
facility, as specified in Section 25205.4. On or before January 31 of
each calendar year, the department annually shall notify the board
of all known facility operators by facility type and size. The
department shall also notify the board of any operator who is issued
a permit or grant of interim status within 30 days from the date that
a permit or grant of interim status is issued to the operator. The
fee specified in this section does not apply to facilities exempted
pursuant to Section 25205.12.
(b) The board shall deposit all fees collected pursuant to
subdivision (a) in the Hazardous Waste Control Account in the General
Fund. The fees so deposited may be expended by the department, upon
appropriation by the Legislature, for the purposes specified in
subdivision (b) of Section 25174.
(c) Notwithstanding subdivision (a), a person who is issued a
variance by the department from the requirement of obtaining a
hazardous waste facilities permit or grant of interim status is not
subject to the fee, for any reporting period following the reporting
period in which the variance was granted by the department.
(d) Operators subject to facility fee liability pursuant to this
section shall pay the following amounts:
(1) The operator shall pay the applicable facility fee for each
reporting period in which the facility actually engaged in the
treatment, storage, or disposal of hazardous waste.
(2) The operator shall pay the applicable facility fee for one
additional reporting period immediately following the final reporting
period in which the facility actually engaged in that treatment or
storage. For the 1994 reporting period and thereafter, the facility's
size for that additional reporting period shall be deemed to be the
largest size at which the facility has ever been subject to the fee.
If the department previously approved a unit or portion of the
facility for a variance, closure, or permit-by-rule, the facility's
size for that reporting period shall be deemed to be its largest size
since the department granted the approval.
(3) The operator of a disposal facility shall pay twice the
applicable facility fee for one additional reporting period
immediately following the final reporting period in which the
facility actually engaged in disposal of hazardous waste.
(4) For the 1994 reporting period and thereafter, a facility shall
not be deemed to have stopped treating, storing, or disposing of
hazardous waste unless it has actually ceased that activity and has
notified the department of its intent to close.
(5) If the reporting period which immediately followed the final
reporting period in which a facility actually engaged in the
treatment, storage, or disposal of the hazardous waste was the
six-month period from July 1, 1991, through December 31, 1991, the
operator shall be subject to twice the fee otherwise applicable to
that operator for that reporting period under paragraphs (2) and (3).
(e) No facility shall be subject to a facility fee for treatment,
storage, or disposal, if that activity ceased before July 1, 1986,
and if the fee for the activity was not paid prior to January 1,
1994.
(f) Notwithstanding any other provision of this section, a person
who ceased actual treatment, storage, or disposal of hazardous waste,
whether generated onsite or received from offsite, before July 1,
1986, and who paid facility fees for any reporting period after that
date pursuant to a decision of the State Board of Equalization, and
who filed a claim for refund of those fees on or before January 1,
1994, shall be entitled to a refund of those amounts.
(g) Facility operators who treated, stored, or disposed of
hazardous waste on or after July 1, 1986, shall be subject to the
provisions of this section which were in effect prior to January 1,
1994, as to payments which their operators made prior to January 1,
1994. The operators shall be subject to subdivision (d) as to any
other liability for the facility fee.
(h) A treatment facility is not subject to the facility fee
established pursuant to this section, if the facility engages in
treatment exclusively to accomplish a removal or remedial action or a
corrective action in accordance with an order issued by the
Environmental Protection Agency pursuant to the federal act or in
accordance with an order issued by the department pursuant to Section
25187, if the facility was put in operation solely for purposes of
complying with that order. The department shall instead assess a fee
for that facility for the actual time spent by the department for the
inspection and oversight of that facility. The department shall base
the fee on the department's work standards and shall assess the fee
on an hourly basis.
(i) Notwithstanding subdivision (a), a facility operating pursuant
to a standardized permit or grant of interim status, as specified in
Section 25201.6, shall receive a credit for the annual facility fee
imposed by this section for a period of time equal to the number of
years that the facility lawfully operated prior to September 21,
1993, pursuant to a hazardous waste facilities permit or other grant
of authorization and paid facility fees for the operation of the
facility pursuant to this section.
25205.3. The following facilities are exempt from the fees imposed
by this article:
(a) Any household hazardous waste collection facility operated
pursuant to Article 10.8 (commencing with Section 25218).
(b) Any facility operated by a local government agency, or by any
person operating a hazardous waste collection program under an
agreement with a public agency, which is used for wastes which meet
the requirements of paragraph (3) of subdivision (a) of Section
25174.7.
(c) That portion of a solid waste facility permitted pursuant to
Chapter 3 (commencing with Section 44001) of Part 4 of Division 30 of
the Public Resources Code, which is used for the segregation,
handling, and storage of hazardous waste separated from solid waste
loads received by the facility, pursuant to a load checking program.
(d) A facility used solely for the treatment, storage, disposal,
or recycling of hazardous waste which results when a public agency or
its contractor investigates, removes, or remedies a release of
hazardous waste caused by another person.
(e) (1) For purposes of fees assessed in any reporting period
beginning July 1, 1990, or subsequently, a facility which has been
issued a permit for the purpose of storing hazardous waste onsite,
and whose permit has expired, if all of the following has occurred:
(A) The facility has received no waste from offsite since the
permit expired.
(B) The owner or operator gave the department timely notification
of intent to close the facility, pursuant to regulations adopted by
the department.
(C) At least 90 days have elapsed since the owner or operator gave
the department that notification.
(D) The department did not complete its review of the closure plan
within 90 days of receiving the notification.
(2) This exclusion shall take effect the reporting period
following the reporting period in which the facility first satisfied
the requirements of paragraph (1) and did not accumulate waste onsite
for more than 90 consecutive days.
25205.4. (a) The base rate for the 1997 reporting period for the
facility fee imposed by Section 25205.2 is nineteen thousand seven
hundred sixty-one dollars ($19,761). Commencing with the 1998
reporting period, and for each reporting period thereafter, the board
shall adjust the base rate annually to reflect increases or
decreases in the cost of living during the prior fiscal year, as
measured by the Consumer Price Index issued by the Department of
Industrial Relations or by a successor agency.
(b) The determination of the facility fee pursuant to this
section, including the redetermination of the base rate, is exempt
from Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
(c) Except as provided in subdivision (e), in computing the
facility fees, all of the following shall apply:
(1) The fee to be paid by a ministorage facility shall equal 25
percent of the base facility rate.
(2) The fee to be paid by a small storage facility shall equal the
base facility rate.
(3) The fee to be paid by a large storage facility shall equal
twice the base facility rate.
(4) The fee to be paid by a minitreatment facility shall equal 50
percent of the base facility rate.
(5) The fee to be paid by a small treatment facility shall equal
twice the base facility rate.
(6) The fee to be paid by a large onsite treatment facility shall
equal three times the base facility rate.
(7) The fee to be paid by a large offsite treatment facility shall
be as follows:
(A) The annual facility fees for 1998, 1999, and 2000 shall equal
2.25 times the base facility rate.
(B) Beginning with the annual facility fee for 2001, the annual
facility fee shall equal three times the base facility rate.
(8) The fee to be paid by a disposal facility shall equal 10 times
the base facility rate.
(9) (A) The fee to be paid by a facility with a postclosure permit
shall be five thousand seven hundred twenty-five dollars ($5,725)
annually for a small facility, eleven thousand four hundred fifty
dollars ($11,450) annually for a medium facility, and seventeen
thousand one hundred seventy-five dollars ($17,175) for a large
facility during the first five years of the postclosure period. The
fee to be paid by a facility with a postclosure permit during the
remaining years of the postclosure care period shall be three
thousand fifty dollars ($3,050) annually for a small facility, six
thousand one hundred dollars ($6,100) annually for a medium facility,
and ten thousand three hundred dollars ($10,300) annually for a
large facility.
(B) The fees required by subparagraph (A) shall be reduced by 50
percent for any facility for which an agency, other than the
department, is the lead agency pursuant to paragraph (1) of
subdivision (b) of Section 25204.6.
(d) If a facility falls into more than one category listed in
either subdivision (c) or (e), or any combination thereof, or
multiple operations under a single hazardous waste facilities permit
or grant of interim status fall into more than one category listed in
subdivision (c) or (e), or any combination thereof, the facility
operator shall pay only the rate for the facility category which is
the highest rate.
(e) Notwithstanding subdivision (c), the facility fee for a
facility that has been issued a standardized permit shall be as
follows:
(1) The fee to be paid for a facility that has been issued a
Series A standardized permit shall be eleven thousand seven hundred
thirty dollars ($11,730).
(2) The fee to be paid for a facility that has been issued a
Series B standardized permit shall be five thousand four hundred
ninety-seven dollars ($5,497).
(3) Except as specified in paragraph (4), the fee to be paid for a
facility that has been issued a Series C standardized permit shall
be four thousand six hundred seventeen dollars ($4,617).
(4) The fee for a facility that has been issued a Series C
standardized permit is two thousand three hundred eight dollars
($2,308) if the facility meets all of the following conditions:
(A) The facility treats not more than 1,500 gallons of liquid
hazardous waste and not more than 3,000 pounds of solid hazardous
waste in any calendar month.
(B) The total facility storage capacity does not exceed 15,000
gallons of liquid hazardous waste and 30,000 pounds of solid
hazardous waste.
(C) If the facility both treats and stores hazardous waste, the
facility does not exceed the volume limitations specified in
subparagraphs (A) and (B) for each individual activity.
(f) The fee imposed pursuant to this section shall be paid in
accordance with Part 22 (commencing with Section 43001) of Division 2
of the Revenue and Taxation Code.
25205.5. (a) In addition to the fee imposed pursuant to Section
25174.1, every generator of hazardous waste, in the amounts specified
in subdivision (c), shall pay the board a generator fee for each
generator site for each calendar year, or portion thereof, unless the
generator has paid a facility fee or received a credit, as specified
in Section 25205.2, for each specific site, for the calendar year
for which the generator fee is due.
(b) The base fee rate for the fee imposed pursuant to subdivision
(a) is two thousand seven hundred forty-eight dollars ($2,748).
(c) (1) Each generator who generates an amount equal to, or more
than, five tons, but less than 25 tons, of hazardous waste during the
prior calendar year shall pay 5 percent of the base rate.
(2) Each generator who generates an amount equal to, or more than,
25 tons, but less than 50 tons, of hazardous waste during the prior
calendar year shall pay 40 percent of the base rate.
(3) Each generator who generates an amount equal to, or more than,
50 tons, but less than 250 tons, of hazardous waste during the prior
calendar year shall pay the base rate.
(4) Each generator who generates an amount equal to, or more than,
250 tons, but less than 500 tons, of hazardous waste during the
prior calendar year shall pay five times the base rate.
(5) Each generator who generates an amount equal to, or more than,
500 tons, but less than 1,000 tons, of hazardous waste during the
prior calendar year shall pay 10 times the base rate.
(6) Each generator who generates an amount equal to, or more than,
1,000 tons, but less than 2,000 tons, of hazardous waste during the
prior calendar year shall pay 15 times the base rate.
(7) Each generator who generates an amount equal to, or more than,
2,000 tons of hazardous waste during the prior calendar year shall
pay 20 times the base rate.
(d) The base rate established pursuant to subdivision (b) was the
base rate for the 1997 calendar year and the board shall adjust the
base rate annually to reflect increases or decreases in the cost of
living, during the prior fiscal year, as measured by the Consumer
Price Index issued by the Department of Industrial Relations or by a
successor agency.
(e) The establishment of the annual operating fee pursuant to this
section is exempt from Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code.
(f) The following materials are not hazardous wastes for purposes
of this section:
(1) Hazardous materials which are recycled, and used onsite, and
are not transferred offsite.
(2) Aqueous waste treated in a treatment unit operating, or which
subsequently operates, pursuant to a permit-by-rule, or pursuant to
Section 25200.3 or 25201.5. However, hazardous waste generated by a
treatment unit treating waste pursuant to a permit-by-rule, by a unit
which subsequently obtains a permit-by-rule, or other authorization
pursuant to Section 25200.3 or 25201.5 is hazardous waste for
purposes of this section.
(g) The fee imposed pursuant to this section shall be paid in
accordance with Part 22 (commencing with Section 43001) of Division 2
of the Revenue and Taxation Code.
(h) (1) A generator who pays a hazardous waste generator
inspection fee to a certified unified program agency, which is
imposed as part of a single fee system and fee accountability program
that are both in compliance with the requirements of Section
25404.5, shall be eligible for a refund of all, or part of, the
generator fee paid pursuant to subdivision (a) if both of the
following conditions apply:
(A) The generator received a credit pursuant to Section 43152.7 or
43152.11 of the Revenue and Taxation Code for fees paid for
hazardous waste generated in 1996.
(B) The department certifies, pursuant to subdivision (b) of
Section 25205.9, that funds are available to pay all or part of the
refund.
(2) A generator who is eligible for a refund pursuant to paragraph
(1) shall submit an application for that refund to the board by
September 30 following the fiscal year during which the generator
paid the generator fee pursuant to subdivision (a). An application
for a refund postmarked after September 30 is void, shall not be
processed by the board, and shall be returned to the applicant.
(i) (1) A generator who transfers hazardous materials to an
offsite facility for recycling at that offsite facility or another
offsite facility shall be eligible for a refund of all, or part of,
the generator fee paid pursuant to subdivision (a) if all of the
following conditions apply:
(A) The offsite facility to which the hazardous materials are
manifested pays a facility fee pursuant to Section 25205.2.
(B) The amount of hazardous materials transferred to the offsite
facility and recycled there, when deducted from the total tonnage of
hazardous waste generated at the generator's site, results in the
generator becoming eligible for a generator fee that is lower than
the fee paid pursuant to subdivision (a).
(C) The hazardous materials transferred to the offsite facility
are not burned in a boiler, industrial furnace, or an incinerator, as
those terms are defined in Section 260.10 of Title 40 of the Code of
Federal Regulations, used in a manner constituting disposal, or used
to produce products that are applied to land.
(D) The department certifies, pursuant to subdivision (b) of
Section 25205.9, that funds are available to pay all or part of the
refund.
(2) A generator who is eligible for a refund pursuant to paragraph
(1) shall submit an application for that refund to the board by
September 30 following the fiscal year during which the generator
paid the generator fee pursuant to subdivision (a). An application
for a refund postmarked after September 30 is void, shall not be
processed by the board, and shall be returned to the applicant.
(j) (1) The amendment of this section made by Chapter 1125 of the
Statutes of 1991 does not constitute a change in, but is declaratory
of, existing law.
(2) The amendment of subdivision (a) of this section made by
Chapter 259 of the Statutes of 1996 does not constitute a change in,
but is declaratory of, existing law.
25205.5.1. Notwithstanding Sections 25174.1 and 25205.5, the
department may adopt regulations exempting victims of disasters from
the hazardous waste disposal fee imposed pursuant to Section 25174.1
and the generator fee imposed pursuant to Section 25205.5. The
regulations may allow that exemption if all of the following apply:
(a) The hazardous waste is generated in a geographical area
identified in a state of emergency proclamation by the Governor
pursuant to Section 8625 of the Government Code because of fire,
flood, storm, earthquake, riot, or civil unrest.
(b) The hazardous waste is generated when property owned or
controlled by the victim is damaged or destroyed as a result of the
disaster.
(c) The hazardous waste is not hazardous waste that is routinely
produced as part of a manufacturing or commercial business or that is
managed by a hazardous waste facility or a facility operated by a
generator of hazardous waste who files a hazardous waste notification
statement with the department pursuant to subdivision (a) of Section
25158.
(d) The victim meets any other condition or limitation on
eligibility specified by the department.
25205.6. (a) For purposes of this section, "organization" means a
corporation, limited liability company, limited partnership, limited
liability partnership, general partnership, and sole proprietorship.
(b) On or before November 1 of each year, the department shall
provide the board with a schedule of codes, that consists of the
types of organizations that use, generate, store, or conduct
activities in this state related to hazardous materials, as defined
in Section 25501, including, but not limited to, hazardous waste. The
schedule shall consist of identification codes from one of the
following classification systems, as deemed suitable by the
department:
(1) The Standard Industrial Classification (SIC) system
established by the United States Department of Commerce.
(2) The North American Industry Classification System (NAICS)
adopted by the United States Census Bureau.
(c) Each organization of a type identified in the schedule adopted
pursuant to subdivision (a) shall pay an annual fee, which shall be
set in the following amounts:
(1) Two hundred dollars ($200) for those organizations with 50 or
more employees, but less than 75 employees.
(2) Three hundred fifty dollars ($350) for those organizations
with 75 or more employees, but less than 100 employees.
(3) Seven hundred dollars ($700) for those organizations with 100
or more employees, but less than 250 employees.
(4) One thousand five hundred dollars ($1,500) for those
organizations with 250 or more employees, but less than 500
employees.
(5) Two thousand eight hundred dollars ($2,800) for those
organizations with 500 or more employees, but less than 1,000
employees.
(6) Nine thousand five hundred dollars ($9,500) for those
organizations with 1,000 or more employees.
(d) The fee imposed pursuant to this section shall be paid by each
organization that is identified in the schedule adopted pursuant to
subdivision (a) in accordance with Part 22 (commencing with Section
43001) of Division 2 of the Revenue and Taxation Code and shall be
deposited in the Toxic Substances Control Account. The revenues shall
be available, upon appropriation by the Legislature, for the
purposes specified in subdivision (b) of Section 25173.6.
(e) For purposes of this section, the number of employees employed
by an organization is the number of persons employed in this state
for more than 500 hours during the calendar year preceding the
calendar year in which the fee is due.
(f) The fee rates specified in subdivision (c) are the rates for
the 1998 calendar year. Beginning with the 1999 calendar year, and
for each calendar year thereafter, the State Board of Equalization
shall adjust the rates annually to reflect increases or decreases in
the cost of living during the prior fiscal year, as measured by the
Consumer Price Index issued by the Department of Industrial Relations
or by a successor agency.
(g) (1) Pursuant to paragraph (3) of subsection (c) of Section 104
of the federal Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended (42 U.S.C. Sec. 9604(c)(3)),
the state is obligated to pay specified costs of removal and remedial
actions carried out pursuant to the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (42 U.S.C. Sec. 9601 et seq.).
(2) The fee rates specified in subdivision (c) are intended to
provide sufficient revenues to fund the purposes of subdivision (b)
of Section 25173.6, including appropriations in any given fiscal year
of three million three hundred thousand dollars ($3,300,000) to fund
the state's obligation pursuant to paragraph (3) of subsection (c)
of Section 104 of the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec.
9604(c)(3)).
(3) If the department determines that the state's obligation under
paragraph (3) of subsection (c) of Section 104 of the federal
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as amended (42 U.S.C. Sec. 9604(c)(3)) will exceed three
million three hundred thousand dollars ($3,300,000) in any fiscal
year, the department shall report that determination to the
Legislature in the Governor's Budget. If, as part of the Budget Act
deliberations, the Legislature concurs with the department's
determination, the Legislature shall specify in the annual Budget Act
those pro rata changes to the fee rates specified in subdivision (c)
that will increase revenues in the next calendar year as necessary
to fund the state's increased obligations. However, the Legislature
shall not specify fee rates in the annual Budget Act that increase
revenues in an amount greater than eight million two hundred thousand
dollars ($8,200,000) above the revenues provided by the fee rates
specified in subdivision (c).
(4) Any changes in the fee rates approved by the Legislature in
the annual Budget Act pursuant to this subdivision shall have effect
only on the fee payment that is due and payable by the end of
February in the fiscal year for which that annual Budget Act is
enacted.
(h) This section does not apply to a nonprofit corporation
primarily engaged in the provision of residential social and personal
care for children, the aged, and special categories of persons with
some limits on their ability for self-care, as described in SIC Code
8361 of the Standard Industrial Classification (SIC) Manual published
by the United States Office of Management and Budget, 1987 edition.
(i) The changes made to this section by the act of the 2005-06
Regular Session of the Legislature amending this section shall not
increase fee revenues in the 2006-07 fiscal year.
25205.7. (a) (1) Except as otherwise provided in this section, any
person who applies for, or requests, one of the following shall enter
into a written agreement with the department pursuant to which that
person shall reimburse the department, pursuant to Article 9.2
(commencing with Section 25206.1), for the costs incurred by the
department in processing the application or responding to the
request:
(A) A new hazardous waste facilities permit, including a
standardized permit.
(B) A hazardous waste facilities permit for postclosure.
(C) A renewal of an existing hazardous waste facilities permit,
including a standardized permit or postclosure permit.
(D) A class 2 or class 3 modification of an existing hazardous
waste facilities permit or grant of interim status, including a
standardized permit or grant of interim status or a postclosure
permit.
(E) A variance.
(F) A waste classification determination.
(2) Any agreement required pursuant to paragraph (1) may provide
for some, or all, of the reimbursement to be made in advance of the
processing of the application or the response to the request.
(3) Any agreement entered into pursuant to this subdivision may
include costs of reviewing and overseeing corrective action as set
forth in subdivision (b).
(4) This subdivision does not apply to any application or request
submitted to the department prior to July 1, 1998. Any person who
submitted such an application or request shall pay the applicable
fee, if not already paid, for the application or request as required
by this chapter as it read prior to January 1, 1998, unless the
department and the applicant or requester mutually agree to enter
into a reimbursement agreement in lieu of any unpaid portion of the
required fee.
(b) The department shall recover all the department's costs in
reviewing and overseeing any corrective action program described in
the application for a standardized permit pursuant to subparagraph
(C) of paragraph (2) of subdivision (c) of Section 25201.6 or
required pursuant to subdivision (b) of Section 25200.10, and in
reviewing and overseeing any corrective action work undertaken at the
facility pursuant to that corrective action program.
(c) Any reimbursements received pursuant to this section shall be
placed in the Hazardous Waste Control Account for appropriation in
accordance with Section 25174.
(d) (1) In lieu of entering into a reimbursement agreement with
the department pursuant to subdivision (a), any person who applies
for a new permit, a permit for postclosure, a renewal of an existing
permit, or a class 2 or class 3 permit modification may instead elect
to pay a fee as follows:
(A) A person submitting a hazardous waste facilities permit
application for a land disposal facility shall pay one hundred four
thousand one hundred eighty-seven dollars ($104,187) for a small
facility, two hundred twenty-two thousand one hundred eighty-three
dollars ($222,183) for a medium facility, and three hundred
eighty-one thousand six hundred two dollars ($381,602) for a large
facility.
(B) A person submitting a hazardous waste facilities permit
application for any incinerator shall pay sixty-two thousand seven
hundred sixty-two dollars ($62,762) for a small facility, one hundred
thirty-three thousand sixty dollars ($133,060) for a medium
facility, and two hundred twenty-eight thousand four hundred
fifty-eight dollars ($228,458) for a large facility.
(C) Except as provided in subparagraph (D), a person submitting a
hazardous waste facility permit application for a storage facility, a
treatment facility, or a storage and treatment facility shall pay
twenty-one thousand three hundred forty dollars ($21,340) for a small
facility, thirty-eight thousand nine hundred thirteen dollars
($38,913) for a medium facility, and seventy-five thousand three
hundred seventeen dollars ($75,317) for a large facility.
(D) A person submitting an application for a standardized permit
for a storage facility, a treatment facility, or a storage and
treatment facility, as specified in Section 25201.6, shall pay
thirty-two thousand fifty-two dollars ($32,052) for a Series A
standardized permit, twenty thousand eleven dollars ($20,011) for a
Series B standardized permit, and five thousand three hundred
thirty-two dollars ($5,332) for a Series C standardized permit. The
board shall assess the fees specified in this subparagraph, in
accordance with paragraph (2), based upon the classifications
specified in subdivision (a) of Section 25201.6.
(E) (i) A person submitting a hazardous waste facilities permit
application for a transportable treatment unit shall pay sixteen
thousand three hundred twenty dollars ($16,320) for a small unit,
thirty-seven thousand six hundred fifty-seven dollars ($37,657) for a
medium unit, and seventy-five thousand three hundred seventeen
dollars ($75,317) for a large unit.
(ii) Notwithstanding clause (i), the fee for any application for a
new permit, permit modification, or permit renewal for a
transportable treatment unit, that was pending before the department
as of January 1, 1996, shall be determined according to the type of
permit authorizing operation of that unit, as provided by subdivision
(d) of Section 25200.2 or the regulations adopted pursuant to
subdivision (a) of Section 25200.2. Any standardized permit issued to
the operator of a transportable treatment unit after January 1,
1996, that succeeds a full hazardous waste facilities permit issued
by the department prior to January 1, 1996, in accordance with
subdivision (d) of Section 25200.2 or the regulations adopted
pursuant to subdivision (a) of Section 25200.2, shall not be
considered to be a new hazardous waste facilities permit.
(F) A person submitting a hazardous waste facilities permit
application for a postclosure permit shall pay a fee of ten thousand
forty dollars ($10,040) for a small facility, twenty-two thousand
five hundred ninety-six dollars ($22,596) for a medium facility, and
thirty-seven thousand six hundred fifty-seven dollars ($37,657) for a
large facility.
(G) A person submitting an application for one or more class 2
permit modifications, including a class 2 modification to a
standardized permit, shall pay a fee equal to 20 percent of the fee
for a new permit for that facility for each unit directly impacted by
the modifications, up to a maximum of 40 percent for each
application, except that each person who applies for one or more
class 2 permit modifications for a land disposal facility or an
incinerator shall pay a fee equal to 15 percent of the fee for a new
permit for that facility for each unit directly impacted by the
modifications, up to a maximum of 30 percent for each application.
(H) A person submitting an application for one or more class 3
permit modifications, including a class 3 modification to a
standardized permit, shall pay a fee equal to 40 percent of the fee
for a new permit for that facility for each unit directly impacted by
the modifications, up to a maximum of 80 percent for each
application, except that a person who applies for one or more class 3
permit modifications for a land disposal facility or an incinerator
shall pay a fee equal to 30 percent of the fee for a new permit for
that facility for each unit directly impacted by the modifications,
up to a maximum of 60 percent for each application.
(I) A person who submits an application for renewal of any
existing permit shall pay an amount equal to the fee that would have
been assessed had the person requested the same changes in a
modification application, but not less than one-half the fee required
for a new permit.
(J) A person who submits a single application for a facility that
falls within more than one fee category shall pay only the higher
fee.
(2) The fees required by paragraph (1) shall be assessed by the
board upon application to the department. For a facility operating
pursuant to a grant of interim status, the submittal of the
application shall be the submittal of the Part B application in
accordance with regulations adopted by the department. The fee shall
be nonrefundable, even if the application is withdrawn or denied. The
department shall provide the board with any information that is
necessary to assess fees pursuant to this section. The fee shall be
collected in accordance with Part 22 (commencing with Section 43001)
of Division 2 of the Revenue and Taxation Code, and deposited into
the Hazardous Waste Control Account.
(3) The amounts stated in this subdivision are the base rates for
the 1997 calendar year. Thereafter, the fees shall be adjusted
annually by the board to reflect increases or decreases in the cost
of living, during the prior fiscal year, as measured by the Consumer
Price Index issued by the Department of Industrial Relations, or a
successor agency.
(4) Except as provided in paragraph (5), for purposes of this
section, and notwithstanding Section 25205.1, any facility or unit is
"small" if it manages 0.5 tons (1,000 pounds) or less of hazardous
waste during any one month of the state's current fiscal year,
"medium" if it manages more than 0.5 tons (1,000 pounds), but less
than 1,000 tons, of hazardous waste during any one month of the state'
s current fiscal year, and "large" if it manages 1,000 or more tons
of hazardous waste during any one month of the state's current fiscal
year.
(5) For purposes of subparagraph (F) of paragraph (1) of this
subdivision and paragraph (8) of subdivision (c) of Section 25205.4,
any facility or unit is "small" if 0.5 tons (1,000 pounds) or less of
hazardous waste remain after closure, "medium" if more than 0.5 tons
(1,000 pounds), but less than 1,000 tons of hazardous waste remain
after closure, and "large" if 1,000 or more tons of hazardous waste
remain after closure.
(6) The amounts stated in this subdivision are in addition to any
amounts required to reimburse the department for the corrective
action review and oversight costs required to be recovered pursuant
to subdivision (b).
(e) Subdivision (a) does not apply to any variance granted
pursuant to Article 4 (commencing with Section 66263.40) of Chapter
13 of Division 4.5 of Title 22 of the California Code of Regulations.
(f) Subdivisions (a) and (d) do not apply to a permit modification
resulting from a revision of a facility's or operator's closure plan
if the facility is exempted from fees pursuant to subdivision (e) of
Section 25205.3, or if the operator is subject to paragraph (2) or
(3) of subdivision (d) of Section 25205.2.
(g) (1) Except as provided in paragraphs (3) and (4), subdivisions
(a) and (d) do not apply to any permit or variance to operate a
research, development, and demonstration facility, if the duration of
the permit or variance is not longer than one year, unless the
permit or variance is renewed pursuant to the regulations adopted by
the department.
(2) For purposes of this section, a "research, development, and
demonstration facility" is a facility which proposes to utilize an
innovative and experimental hazardous waste treatment technology or
process for which regulations prescribing permit standards have not
been adopted.
(3) The exemption provided by this subdivision does not apply to a
facility which operates as a medium or large multiuser offsite
commercial hazardous waste facility and which does not otherwise
possess a hazardous waste facilities permit pursuant to Section
25200.
(4) The fee exemption authorized pursuant to paragraph (1) shall
be effective for a total duration of not more than two years.
(h) Subdivisions (a) and (d) do not apply to any of the following:
(1) Any variance issued to a public agency to transport wastes for
purposes of operating a household hazardous waste collection
facility, or to transport waste from a household hazardous waste
collection facility, which receives household hazardous waste or
hazardous waste from conditionally exempted small quantity generators
pursuant to Article 10.8 (commencing with Section 25218).
(2) A permanent household hazardous waste collection facility.
(3) Any variance issued to a public agency to conduct a collection
program for agricultural wastes.
(i) Notwithstanding subdivisions (a) and (b), the department shall
not assess any fees or seek any reimbursement for the department's
costs in reviewing and overseeing any preliminary site assessment in
conjunction with a hazardous waste facilities permit application.
(j) The changes made in this section by Chapter 870 of the
Statutes of 1997 do not require amendment of, or otherwise affect,
any agreement entered into prior to July 1, 1998, pursuant to which
any person has agreed to reimburse the department for the costs
incurred by the department in processing applications, responding to
requests, or otherwise providing other services pursuant to this
chapter.
25205.9. (a) On or before June 30 of each year, the department
shall determine if there are surplus funds in the Hazardous Waste
Control Account and shall, upon appropriation by the Legislature,
allocate these surplus funds to pay refunds in the following order of
priority:
(1) To pay refunds to generators pursuant to subdivision (c).
(2) To pay refunds to generators pursuant to subdivision (d).
However, the department shall not pay refunds pursuant to subdivision
(d) until all applications for refunds pursuant to subdivision (c)
have first been paid.
(b) The department shall certify the amount of the surplus in the
Hazardous Waste Control Account to the board and shall direct the
board to pay refunds to generators pursuant to subdivisions (c) and
(d) to the extent funds permit. If funds are not sufficient to pay
all the refunds for which the board receives applications pursuant to
subdivision (h) of Section 25205.5, the department shall direct the
board to pay refunds pursuant to subdivision (c) on a pro rata basis.
If funds are sufficient to pay all refunds for which applications
are received pursuant to subdivision (h) of Section 25205.5 but not
sufficient to pay all refunds for which applications were received by
the board pursuant to subdivision (i) of Section 25205.5, the
department shall direct the board to pay refunds pursuant to
subdivision (d) on a pro rata basis.
(c) (1) If the department certifies that there are sufficient
funds to do so, the board shall issue refunds, in the manner directed
by the department pursuant to subdivision (b), to hazardous waste
generators who are eligible for refunds pursuant to paragraph (1) of
subdivision (h) of Section 25205.5.
(2) The refund made to a generator pursuant to this subdivision
shall not exceed the fee paid by the generator pursuant to Section
25205.5, or exceed the hazardous waste generator inspection fee paid
to the certified unified program agency for the previous calendar
year, whichever is less.
(3) The board may issue refunds pursuant to this section only if
the department certifies, pursuant to subdivision (b), that funds for
these refunds are available.
(d) (1) If the department certifies that there are sufficient
funds to do so, the board shall issue refunds, in the manner directed
by the department pursuant to subdivision (b), to hazardous waste
generators who are eligible for refunds pursuant to paragraph (1) of
subdivision (i) of Section 25205.5.
(2) The refund made to a generator pursuant to this subdivision
shall be equal to the difference between the amount of the generator
fee paid by the generator pursuant to Section 25205.5 and the amount
the generator would have paid if the amount of hazardous materials
transferred to an offsite facility for recycling had been deducted
from the total tonnage of hazardous waste generated at the generator'
s site. However, if a generator receives a refund pursuant to
subdivision (c), the generator may not receive a refund pursuant to
this subdivision that exceeds the difference between the amount of
the generator fee paid pursuant to Section 25205.5 and the amount of
the refund received pursuant to subdivision (c).
(3) The board may issue refunds pursuant to this subdivision only
if the department certifies, pursuant to subdivision (b), that funds
for these refunds are available.
(e) For purposes of this section, "surplus" means the amount in
the Hazardous Waste Control Account on June 30 of each year that is
in excess of the reserve required by subdivision (k) of Section
25174.
25205.12. (a) The owner of a hazardous waste facility authorized to
operate pursuant to a permit-by-rule, authorized under a grant of
conditional authorization pursuant to Section 25200.3, exempted
pursuant to subdivision (a) or (c) of Section 25201.5, or exempted
pursuant to Section 25144.6 or 25201.14 is exempt from the facility
fee specified in Section 25205.2 for any activities authorized by the
permit-by-rule, under a grant of conditional authorization pursuant
to Section 25200.3, exempted pursuant to subdivision (a) or (c) of
Section 25201.5, or exempted pursuant to Section 25144.6 or 25201.14
at that facility for any year or reporting period during which the
facility is operating.
(b) The retroactive portion of the facility fee exemption provided
by subdivision (a) does not apply to any facility that was
authorized by the department to operate on or before June 1, 1991,
for any fees paid or billed prior to September 1, 1992.
(c) The operator of a hazardous waste facility authorized by the
department to clean and recycle excavated underground storage tanks
is exempt from the facility fee specified in Section 25205.2 with
regard to those activities conducted before January 1, 1994, and
those activities conducted after that date, until the effective date
of a regulation adopted by the department governing the statewide
requirements for the issuance of a permit for tank cleaning and
recycling facilities.
(d) The operator of a hazardous waste facility operating pursuant
to a standardized permit or a grant of interim status, as specified
in Section 25201.6, is exempt from the facility fee specified in
Sections 25205.2 and 25205.4 for any year or reporting period prior
to January 1, 1993, during which the facility operated, if the
hazardous waste treatment or storage activity was conducted prior to
January 1, 1993, and the owner or operator is in compliance with the
notification and application requirements of Section 25201.6, as
amended in the 1993-94 Regular Session of the Legislature, or as
amended thereafter, and either of the following circumstances apply:
(1) The owner or operator was not authorized by the department
before July 1, 1993, to conduct the eligible treatment or storage
activity.
(2) The owner or operator did not pay a hazardous waste facility
fee, as specified in Section 25205.2, for that year or reporting
period prior to July 1, 1993, for the facility that is the subject of
the standardized permit.
25205.13. (a) Notwithstanding any other provision of law or
regulation, for the 1993 reporting period, the deadline for
submitting permit-by-rule fixed treatment unit facility-specific
notifications and unit-specific notifications is April 1, 1993, or 60
days prior to commencing the first treatment of that waste,
whichever date is later.
(b) The development and publication of the notification form for a
fixed or transportable treatment unit operating pursuant to a
permit-by-rule, as specified in subdivisions (a) and (b) of Section
67450.2 of Title 22 of the California Code of Regulations, is not
subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. The department shall
hold at least one public workshop concerning the development of the
notification form.
(c) A facility or transportable treatment unit operating pursuant
to a permit-by-rule shall provide the following information with the
notifications required pursuant to subdivisions (a) and (b) of
Section 67450.2 of Title 22 of the California Code of Regulations:
(1) The basis for determining that a hazardous waste facility
permit is not required under the federal act.
(2) Documentation of any convictions, judgments, settlements, or
orders resulting from an action by any local, state, or federal
environmental or public health enforcement agency concerning the
operation of the facility within the last three years, as the
documents would be available under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code or the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
the Civil Code.
(3) A waste minimization certificate, as specified in Section
25202.9.
(d) The facility or transportable treatment unit operating
pursuant to a permit-by-rule shall treat only waste which is
generated onsite.
25205.14. (a) Except as provided in Section 25404.5, the owner or
operator of a facility or transportable treatment unit operating
pursuant to a permit-by-rule shall pay a fee to the board per
facility or transportable treatment unit for each reporting period,
or portion thereof. The fee for the 1997 reporting period shall be
nine hundred fifty-eight dollars ($958). Until July 1, 1998, the
owner or operator of a facility or transportable treatment unit
operating pursuant to a permit-by-rule shall also pay a fee in the
amount of 50 percent of the fee specified in this subdivision for
each modification of the notification required by Sections 67450.2
and 67450.3 of Title 22 of the California Code of Regulations, as
those sections read on January 1, 1995, or as those sections may
subsequently be amended. Thereafter, the fee shall be adjusted
annually by the board to reflect increases and decreases in the cost
of living, as measured by the Consumer Price Index issued by the
Department of Industrial Relations or a successor agency. The
reporting period shall begin January 1 of each calendar year. On or
before January 31 of each calendar year, the department shall notify
the board of all known owners or operators operating pursuant to a
permit-by-rule who are not exempted from this fee pursuant to Section
25404.5. The department shall also notify the board of any owner or
operator authorized to operate pursuant to a permit-by-rule, who is
not exempted from this fee pursuant to Section 25404.5, within 60
days after the owner or operator is authorized.
(b) Except as provided in Section 25404.5, a generator operating
under a grant of conditional authorization pursuant to Section
25200.3 shall pay a fee to the board per facility for each reporting
period, or portion thereof, unless the generator is subject to a fee
under a permit-by-rule. The fee for the 1997 reporting period shall
be nine hundred fifty-eight dollars ($958). Thereafter, the fee shall
be adjusted annually by the board to reflect increases and decreases
in the cost of living, during the prior fiscal year, as measured by
the Consumer Price Index issued by the Department of Industrial
Relations or a successor agency. The reporting period shall begin
January 1 of each calendar year. On or before January 31 of each
calendar year, the department shall notify the board of all known
generators operating pursuant to a grant of conditional authorization
under Section 25200.3 who are not exempted from this fee pursuant to
Section 25404.5. The department shall also notify the board of any
generator authorized to operate under a grant of conditional
authorization, who is not exempted from this fee pursuant to Section
25404.5, within 60 days of the receipt of notification.
(c) Except as provided in Section 25404.5, a generator performing
treatment conditionally exempted pursuant to Section 25144.6 or
subdivision (a) or (c) of Section 25201.5 shall pay thirty-eight
dollars ($38) to the board per facility for each reporting period,
unless that generator is subject to a fee under a permit-by-rule or a
conditional authorization pursuant to Section 25200.3. Until July 1,
1998, a generator performing treatment conditionally exempted
pursuant to Section 25144.6 or subdivision (a) or (c) of Section
25201.5 shall pay one hundred dollars ($100) to the board per
facility for the initial operating period, or portion thereof, unless
that generator is subject to a fee under a permit-by-rule or a
conditional authorization pursuant to Section 25200.3. The reporting
period shall begin January 1 of each calendar year. On or before
January 31 of each calendar year, the department shall notify the
board of all known facilities performing treatment conditionally
exempted by Section 25144.6 or subdivision (a) or (c) of Section
25201.5 who are not exempted from this fee pursuant to Section
25404.5. The department shall also notify the board of any generator
who notifies the department that the generator is conducting a
conditionally exempt treatment operation, and who is not exempted
from this fee pursuant to Section 25404.5, within 60 days of the
receipt of the notification.
(d) The fees imposed pursuant to this section shall be paid in
accordance with Part 22 (commencing with Section 43001) of Division 2
of the Revenue and Taxation Code.
25205.15. (a) Except for the first four manifests used in a
calendar year by a business with less than 100 employees, and except
as provided in paragraph (2), in addition to any fees to cover
printing and distribution costs, the department shall impose a
manifest fee of seven dollars and fifty cents ($7.50) for each
California Hazardous Waste Manifest form or electronic equivalent
used after June 30, 1998, by any person, in the following manner:
(1) The department shall bill generators for each California
Uniform Hazardous Waste Manifest form, manifest number, or electronic
equivalent used after June 30, 1998. The billing frequency specified
by the department may range from monthly to annually, with the
payment by the generator required within 30 days from the date of
receipt of the billing, and shall be determined based on consultation
with the regulated community. In preparing the bills, the department
shall distinguish between manifests used solely for recycled
hazardous wastes and those used for nonrecycled hazardous wastes. In
determining the billing frequency, the department may take into
account each person's volume of manifest usage.
(2) (A) The manifest fee shall not be collected on the use of
California Hazardous Waste Recycling Manifests that are used solely
for hazardous wastes that are recycled.
(B) The manifest fee for each California Uniform Hazardous Waste
Manifest form used solely for hazardous waste derived from air
compliance solvents, shall be three dollars and fifty cents ($3.50)
This is in addition to any fees charged to cover printing and
distribution costs.
(3) The department shall implement a system for the use of
manifests that distinguishes among recycling manifests used solely
for hazardous wastes that are to be recycled, manifests used solely
to transport hazardous waste derived from air compliance solvents,
and general manifests that may be used for transporting waste for any
purpose.
(4) (A) If a person erroneously reports on a California Uniform
Hazardous Waste Manifest that the manifest is being used for the
transport of hazardous wastes that are being shipped for recycling or
for the transport of hazardous wastes derived from air compliance
solvents rather than the transport of other types of hazardous waste,
the person shall pay the seven dollars and fifty cents ($7.50)
manifest fee and an additional error correction fee of twenty dollars
($20) per manifest, as required pursuant to Section 25160.5.
(B) Notwithstanding subparagraph (A) the department shall provide
the manifest user with a reasonable opportunity to notify the
department of any incorrect use of the recycling manifest, as
described in subparagraph (A), and to provide the department with the
appropriate manifest fee payment without additional fines,
penalties, or payment of the error correction fee.
(5) The department may adopt regulations to implement and
administer the manifest fee system imposed pursuant to this
subdivision.
(b) For purposes of subdivision (a), a California Uniform
Hazardous Waste Manifest means either of the following:
(1) A manifest document printed and supplied by the state for a
shipment initiated on and before September 4, 2006.
(2) The Uniform Hazardous Waste Manifest printed by a source
registered with the United States Environmental Protection Agency for
a shipment initiated on and after September 5, 2006, if the manifest
originates from a generator located in California, is received by
the designated facility located in California where the manifest is
signed and terminated, or is imported or exported through a point of
entry or exit in California.
(c) On and after July 1, 1999, commencing with 1999-2000 fiscal
year and annually thereafter, the department shall expend, upon
appropriation by the Legislature in the annual Budget Act, not less
than one million fifty thousand dollars ($1,050,000) from the
manifest fees, deposited in the Hazardous Waste Control Account, to
establish a program to encourage hazardous waste generators to
implement pollution prevention measures. The program shall be
administered pursuant to administrative and expenditure criteria to
be established by the Legislature.
(d) The manifest fees shall be deposited in the Hazardous Waste
Control Account and be available for expenditure, upon appropriation
by the Legislature.
(e) For purposes of this section, "air compliance solvent" means a
solvent, including aqueous solutions, that are required or approved
for use by regulations adopted by the State Air Resources Board, an
air pollution control district, or an air quality management
district, to meet air emission standards adopted by that board or
district and, pursuant to those regulations, is required to be used
instead of another solvent that was used and recycled prior to the
adoption of those regulations.
25205.16. (a) (1) The department may impose an annual verification
fee upon all generators, transporters, and facility operators with 50
or more employees that possess a valid identification number issued
either by the department or by the Environmental Protection Agency.
The fee charged shall be one hundred fifty dollars ($150) for each
generator, transporter, and facility operator with 50 or more
employees, but less than 75 employees; one hundred seventy-five
dollars ($175) for each generator, transporter, and facility operator
with 75 or more employees, but less than 100 employees; two hundred
dollars ($200) for each generator, transporter, and facility operator
with 100 or more employees, but less than 250 employees; two hundred
twenty-five dollars ($225) for each generator, transporter, and
facility operator with 250 or more employees, but less than 500
employees; two hundred fifty dollars ($250) for each generator,
transporter, and facility operator with 500 or more employees.
However, no generator, transporter, or facility operator shall be
assessed fees pursuant to this section that exceed, in total, five
thousand dollars ($5,000).
(2) The generator, transporter, or facility operator subject to
the fee shall submit payment of the fee within 30 days from the date
of receiving a notice of assessment from the department. The notice
shall be sent once during each fiscal year to each holder of a valid
identification number. The fee imposed by this section shall be
deposited in the Hazardous Waste Control Account and be available for
expenditure, upon appropriation by the Legislature. For purposes of
this section, "employee" shall have the same meaning set forth in
Section 25205.6.
(b) The department shall establish an identification number
certification system to biennially verify the accuracy of information
related to generators, transporters, and facilities authorized to
treat, store, or dispose of hazardous waste. However, if the number
of identification numbers issued since the previous certification
exceeds 20 percent of the active identification numbers, the
department may implement an annual certification. Each entity issued
an identification number shall provide or verify the information
specified in paragraphs (1) to (9), inclusive, when requested by the
department. The system shall include the provision or verification of
all of the following information:
(1) The name, mailing address, facsimile number, fictitious
business name, federal employer number, State Board of Equalization
identification number, SIC code, electronic mail address, if
available, and telephone number of the firm or organization engaged
in hazardous waste activities.
(2) The name, mailing address, facsimile number, and telephone
number of the owner of the firm or organization.
(3) The name, title, mailing address, facsimile number, and
telephone number of a contact person for the firm or organization.
(4) The identification number assigned to the firm or
organization.
(5) The site location address or description associated with the
firm or organization's identification number provided in paragraph
(4).
(6) T
