Section 25159.19 Of Article 5.6. The Toxic Injection Well Control Act Of 1985 From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 5.6.
25159.19
. (a) On or before July 1, 1986, the department shall, by
emergency regulation, adopt a fee schedule that assesses a fee upon
any person discharging any hazardous wastes into an injection well.
The department shall include in this fee schedule the fees charged
for filing a hazardous waste injection statement specified in former
Section 25159.13, as added by Chapter 1591 of the Statutes of 1985,
the report specified in Section 25159.18, and applications for, and
renewals of, the exemptions specified in Section 25159.15. The
department shall also include provisions in the fee schedule for
assessing a penalty pursuant to subdivision (c). These fees shall be
based on the reasonable anticipated costs that will be incurred by
the department to implement and administer this article. The
department may also request an appropriation to be used in
combination with these fees to perform the monitoring, inspections,
review of reports, or any other implementation and administrative
actions required by this article.
(b) The emergency regulations that set the fee schedule shall be
adopted by the department 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, and 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, any emergency
regulations 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be filed with, but not be repealed by, the Office of Administrative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 until revised by the department.
(c) The department shall send a notice to each person subject to
the fee specified in subdivision (a). If a person fails to pay the
fee within 60 days after receipt of this notice, the department shall
require the person to pay an additional penalty fee. The department
shall set the penalty fee at not more than 100 percent of the
assessed fee, but in an amount sufficient to deter future
noncompliance, as based upon that person's past history of compliance
and ability to pay, and upon additional expenses incurred by this
noncompliance.
(d) The department shall collect and deposit the fees and
penalties collected pursuant to this section in the Hazardous Waste
Injection Well Account, which is hereby created in the General Fund.
The money within the Hazardous Waste Injection Well Account is
available, upon appropriation by the Legislature, to the department
for purposes of administering this article.
(e) This section applies only to injection wells into which
hazardous waste is discharged.