Section 25150.84 Of Article 5. Standards From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 5.
25150.84
. (a) The department is authorized to collect an annual fee
from all metal shredding facilities that are subject to the
requirements of this chapter or to the alternative management
standards adopted pursuant to Section 25150.82. The department shall
establish and adopt regulations necessary to administer this fee and
to establish a fee schedule that is set at a rate sufficient to
reimburse the department's costs to implement this chapter as
applicable to metal shredder facilities. The fee schedule established
by the department may be updated periodically as necessary and shall
provide for the assessment of no more than the reasonable and
necessary costs of the department to implement this chapter, as
applicable to metal shredder facilities.
(b) The Controller shall establish a separate subaccount in the
Hazardous Waste Control Account. The fees collected pursuant to this
section shall be deposited into the subaccount and be available for
expenditure by the department upon appropriation by the Legislature.
(c) A regulation adopted pursuant to this section may be adopted
as an emergency regulation in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, and for the purposes of that chapter, including
Section 11349.6 of the Government Code, the adoption of these
regulations is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health, safety, and general welfare. Notwithstanding
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, an emergency regulation adopted by
the department pursuant to this section shall be filed with, but not
be repealed by, the Office of Administrative Law and shall remain in
effect for a period of two years or until revised by the department,
whichever occurs sooner.
(d) (1) A metal shredding facility paying an annual fee in
accordance with this section shall be exempt from the following fees
as the fees pertain to metal shredding activities and the generation,
handling, management, transportation, and disposal of metal shredder
waste:
(A) A fee imposed pursuant to subdivision (a) or (d) of Section
25205.7.
(B) A disposal fee imposed pursuant to Section 25174.1.
(C) A facility fee imposed pursuant to Section 25205.2.
(D) A generator fee imposed pursuant to Section 25205.5.
(E) A transportable treatment unit fee imposed pursuant to Section
25205.14.
(2) A metal shredding facility is not exempt from the fees listed
in paragraph (1) for any other hazardous waste the metal shredding
facility generates and handles.