Article 9.1 - Facilities and Generator Fees

California Health and Safety Code — §§ 25205.1-25205.25

Sections (11)

Amended by Stats. 2006, Ch. 538, Sec. 380. Effective January 1, 2007.

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

Amended by Stats. 2024, Ch. 80, Sec. 84. (SB 1525) Effective January 1, 2025.

(a)(1) For purposes of subdivisions (c) and (d), a 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.

(2)Except as provided in subdivisions (h) and (k), and in accordance with Section 43152.6 of the Revenue and Taxation Code, the operator of a facility shall pay a facility fee for each reporting period, or any portion of a reporting period, to the California Department of Tax and Fee Administration based on the size and

type of the facility, as specified in this section. The fee rate shall be the rate established for the fiscal year in which the payment is due. On or before October 1 of each calendar year, the department shall notify the California Department of Tax and Fee Administration of all known facility operators by facility type and size. The department shall also notify the California Department of Tax and Fee Administration 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.

(3)For the 2022–23 fiscal year, the fee rates established in this section shall apply. Commencing July 1, 2023, the fee rates established pursuant to Section 25205.2.1 shall apply.

(b)(1) The base rate for the fee imposed by this section is ninety-four thousand nine hundred ten dollars ($94,910).

(2)Except as provided in subdivision (c), in computing the facility fees, all of the following shall apply:

(A)The fee to be paid by a ministorage facility shall equal 25 percent of the base facility rate.

(B)The fee to be paid by a small storage facility shall equal the base facility rate.

(C)The fee to be paid by a large storage facility shall equal twice the base facility rate.

(D)The fee to be paid by a minitreatment facility shall equal 50 percent of the base

facility rate.

(E)The fee to be paid by a small treatment facility shall equal twice the base facility rate.

(F)The fee to be paid by a large onsite treatment facility shall equal three times the base facility rate.

(G)The fee to be paid by a large offsite treatment facility shall be three times the base facility rate.

(H)The fee to be paid by a disposal facility shall equal 10 times the base facility rate.

(c)The fee to be paid by a facility with a postclosure permit during the first five years of the postclosure period shall be:

(1)Twenty-six thousand nine hundred eighty dollars ($26,980) annually for a small facility.

(2)Fifty-three thousand nine hundred sixty dollars ($53,960) annually for a medium facility.

(3)Eighty thousand nine hundred forty dollars ($80,940) annually for a large facility.

(d)The fee to be paid by a facility with a postclosure permit after the first five years of the postclosure care period shall be:

(1)Fourteen thousand three hundred seventy-five dollars ($14,375) annually for a small facility.

(2)Twenty-eight thousand seven hundred fifty dollars ($28,750) annually for a medium

facility.

(3)Forty-eight thousand five hundred fifty dollars ($48,550) annually for a large facility.

(e)If a facility falls into more than one category listed in either subdivision (b) or (d), or any combination of categories, or if multiple operations under a single hazardous waste facilities permit or grant of interim status fall into more than one category listed in subdivision (b) or (d), or any combination of categories, the facility operator shall pay only the rate for the facility category that is the highest rate.

(f)Notwithstanding subdivision (b), the 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 fifty-five thousand two hundred eighty dollars ($55,280).

(2)The fee to be paid for a facility that has been issued a Series B standardized permit shall be twenty-five thousand nine hundred ten dollars ($25,910).

(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 twenty-one thousand seven hundred sixty dollars ($21,760).

(4)The fee for a facility that has been issued a Series C standardized permit is ten thousand eight hundred eighty dollars ($10,880) 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.

(g)The California Department of Tax and Fee Administration shall deposit all fees collected pursuant to this section into the Hazardous Waste Facilities Account in the Hazardous Waste Control Account. The fees so deposited may be expended

by the department, upon appropriation by the Legislature, for the purposes specified in Section 25174.01.

(h)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.

(i)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. 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)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.

(j)(1) 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 California Department of Tax and Fee Administration per facility or transportable treatment unit for each reporting period, or portion of a reporting period. The fee for the 2022–23 fiscal year reporting period shall be four thousand six hundred dollars ($4,600). The department shall notify the California Department of Tax and Fee Administration

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 California Department of Tax and Fee Administration 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.

(2)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 California Department of Tax and Fee Administration per facility for each reporting period, or portion of a reporting period, unless the generator is subject to a fee under a permit-by-rule. The fee for the 2022–23 fiscal year reporting period shall be four thousand six

hundred dollars ($4,600). The department shall notify the California Department of Tax and Fee Administration 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 California Department of Tax and Fee Administration 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.

(3)Except as provided in Section 25404.5, the fee for a generator performing treatment conditionally exempted pursuant to Section 25144.6 or subdivision (a) or (c) of Section 25201.5 for the 2022–23 fiscal year reporting period shall be one hundred eighty dollars ($180) paid to the

California Department of Tax and Fee Administration 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. The department shall notify the California Department of Tax and Fee Administration 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 California Department of Tax and Fee Administration 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.

(k)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 United States Environmental Protection Agency pursuant to the federal act or in accordance with an order issued by the department pursuant to Section 25187, or if the removal or remedial action is carried out pursuant to a removal action work plan or a remedial action plan prepared pursuant to Article 12 (commencing with Section 79195) of Chapter 5 of Part 2 of Division 45 and is authorized to operate pursuant to Article 14 (commencing with Section 79290) of Chapter 5 of Part 2 of Division 45, 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.

(l)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.

(m)This section shall become operative on July 1, 2022, and shall apply to the annual facility fees due for the 2022–23 fiscal year, and each fiscal year thereafter.

§ 25205.13

Amended by Stats. 2021, Ch. 615, Sec. 246. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.

(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 (Division 10 (commencing with Section 7920.000) 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 that is generated onsite.

§ 25205.16

Repealed (in Sec. 66) and added by Stats. 2021, Ch. 73, Sec. 67. (SB 158) Effective July 12, 2021. Operative January 1, 2022, by its own provisions.

(a)The department shall establish an identification number certification system to annually verify the accuracy of information related to generators, transporters, and facilities authorized to treat, store, or dispose of hazardous waste. 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, California Department of Tax and Fee Administration identification number, SIC code, email 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)The number of employees of the firm or organization.

(7)If the firm or organization is a generator, a statement of whether the

generator produces RCRA hazardous waste or non-RCRA hazardous waste.

(8)An identification of any of the following hazardous waste activities in which the firm or organization is engaged:

(A)Generation.

(B)Transportation.

(C)Onsite treatment, storage, or disposal.

(9)The waste codes associated with the four largest hazardous waste streams, by volume, of the firm or organization. The federal waste code shall be verified for RCRA hazardous waste and the California waste code shall be verified for non-RCRA hazardous waste.

(b)Any generator, transporter, and facility operator who fails to comply with this section, or who

fails to provide information required by the department to verify the accuracy of hazardous waste activity data, shall be subject to suspension of any and all identification numbers assigned to the generator, transporter, or facility operator and to any other authorized enforcement action.

(c)This section shall become operative on January 1, 2022.

§ 25205.17

Added by Stats. 1993, Ch. 1145, Sec. 13. Effective January 1, 1994.

Notwithstanding any other provision of law, no facility for any reporting period prior to 1994 shall be a “disposal facility” for purposes of the annual facility fee if that facility had a permit or interim status document issued by the department which designated that facility or any part of its process as “storage” or “treatment” and did not designate that facility or any part of its process as “disposal” or “landfill.”

§ 25205.18

Amended by Stats. 2016, Ch. 340, Sec. 20. (SB 839) Effective September 13, 2016.

(a)If a facility has a permit or an interim status document which sets forth the facility’s allowable capacity for treatment or storage, the facility’s size for purposes of the annual facility fee pursuant to Section 25205.2 shall be based upon that capacity, except as provided in subdivision (d).

(b)If a facility’s allowable capacity changes or is initially established as a result of a permit modification, or a submission of a certification pursuant to subdivision (d), the fee that is due for the reporting period in which the change occurs shall be the higher fee.

(c)The department may require the facility to

submit an application to modify its permit to provide for an allowable capacity.

(d)A facility may reduce its allowable capacity below the amounts specified in subdivision (a) or (c) by submitting a certification signed by the owner or operator in which the owner or operator pledges that the facility will not handle hazardous waste at a capacity above the amount specified in the certification. In that case, the facility’s size for purposes of the annual facility fee pursuant to Section 25205.2 shall be based upon the capacity specified in the certification, until the certification is withdrawn. Exceeding the capacity limits specified in a certification that has not been withdrawn shall be a violation of the hazardous waste control law and may subject a facility or its operator to a penalty and corrective action as provided in this chapter.

(e)This section shall have no bearing

on the imposition of the annual postclosure facility fee.

§ 25205.19

Amended by Stats. 2016, Ch. 340, Sec. 21. (SB 839) Effective September 13, 2016.

(a)If a facility has a permit or an interim status document which sets forth the facility’s type, pursuant to Section 25205.1, as either treatment, storage, or disposal, the facility’s type for purposes of the annual facility fee pursuant to Section 25205.2 shall be rebuttably presumed to be what is set forth in that permit or document.

(b)If the facility’s type changes as a result of a permit or interim status modification, any change in the annual facility fee shall be effective the reporting period following the one in which the modification becomes effective.

(c)If the facility’s permit or interim status

document does not set forth its type, the department may require the facility to submit an application to modify the permit or interim status document to provide for a facility type.

(d)A permit or interim status document may set forth more than one facility type or size. In accordance with subdivision (d) of Section 25205.4, the facility shall be subject only to the highest applicable fee.

§ 25205.21

Amended by Stats. 2022, Ch. 60, Sec. 28. (AB 203) Effective June 30, 2022.

(a)Notwithstanding Section 25205.2, a disposal facility operator that is a government agency shall be subject to a maximum facility fee of ten thousand dollars ($10,000) for any reporting period of 12 months and five thousand dollars ($5,000) for any reporting period of six months, for that disposal facility for any reporting period in which it did not at any time dispose of hazardous waste during the reporting period. This section shall apply to all reporting periods since the inception of the facility fee up to and including the reporting period ending December 31, 1998.

(b)This section shall not affect the imposition of the annual postclosure facility fee imposed pursuant to

Section 25205.2.

§ 25205.22

Repealed (in Sec. 70) and added by Stats. 2021, Ch. 73, Sec. 71. (SB 158) Effective July 12, 2021. Operative January 1, 2022, by its own provisions.

(a)On and after January 1, 2022, for hazardous waste imported into this state for purposes of treatment, recycling, or disposal, the operator of the facility receiving the imported hazardous waste shall pay the applicable generation and handling fee.

(b)This section shall become operative on January 1, 2022, and shall apply to the generation and handling fees due for the 2022 reporting period and thereafter, including the prepayments due during the reporting period and the fee due and payable by February 28 of the year following the reporting period.

§ 25205.23

Amended by Stats. 2022, Ch. 258, Sec. 54. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.

Notwithstanding Chapter 3 (commencing with Section 43151) of Part 22 of Division 2 of the Revenue and Taxation Code, at the request of any party contesting any fee imposed pursuant to this chapter or Part 2 (commencing with Section 78000) of Division 45, the department may hold an informal conference to attempt to settle the dispute. Upon the payment of any sum agreed upon between the contesting party and the department in settlement of the disputed fee liability, the liable person shall be released from any further liability for payment of the disputed fee.

§ 25205.25

Added by Stats. 2024, Ch. 72, Sec. 27. (SB 156) Effective July 2, 2024.

(a)The Legislature hereby finds and declares that changes made to the imposition and administration of the disposal fee, generator fee, and transportable treatment unit fee set forth in Sections 28, 53, 54, and 64 of Chapter 73 of the Statutes of 2021 were not intended to repeal the authority for the Department of Toxic Substances Control and the California Department of Tax and Fee Administration to continue to administer and collect those fees.

(b)The disposal fee that was imposed pursuant to Section 25174.1, as that section read on December 31, 2022, for hazardous waste disposed of on or before June 30, 2022, that was due and payable on or before June 30, 2022, shall continue to be administered and collected.

(c)The generator fee that was imposed pursuant to Section 25205.5, as that section read on December 31, 2021, for hazardous waste generated on or before December 31, 2021, that was due and payable on or before February 28, 2022, shall continue to be administered and collected.

(d)The transportable treatment unit fee imposed pursuant to Section 25205.14, as that section read on December 31, 2022, for each facility or transportable treatment unit authorized on or before June 30, 2022, and that was due and payable on or before December 31, 2022, shall continue to be administered and collected.

(e)The exemptions and exclusions authorized pursuant to Section 25174.7, as that section on December 31, 2022, and Section 25205.5, as that section read on December 31, 2021, shall only apply to the fees described in subdivisions

(b)and (c).

(f)It is the intent of the Legislature to authorize the California Department of Tax and Fee Administration to administer and collect the fees specified in this section in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code.