25174.6
. (a) The fee provided pursuant to Section 25174.1 shall be
determined as a percentage of the base rate, as adjusted by the State
Board of Equalization, pursuant to Section 25174.2, or as otherwise
provided by this section. The procedure for determining these fees is
as follows:
(1) The following fees shall be paid for each ton, or fraction
thereof for up to the first 5,000 tons of the following hazardous
wastes disposed of, or submitted for disposal, in the state at each
specific offsite facility by each producer, or at each specific
onsite facility, per month, if the hazardous wastes are not otherwise
subject to the fee specified in paragraph (3) or (4) and are not
otherwise exempt from the fees imposed pursuant to this article:
(A) For non-RCRA hazardous waste, excluding asbestos, generated in
a remedial action, a removal action, or a corrective action taken
pursuant to this chapter, Chapter 6.7 (commencing with Section
25280), Chapter 6.75 (commencing with Section 25299.10), or Chapter
6.8 (commencing with Section 25300), or generated in any other
required or voluntary cleanup, removal, or remediation of a hazardous
substance or non-RCRA hazardous waste, a fee of five dollars and
seventy-two cents ($5.72) per ton.
(B) For all other non-RCRA hazardous waste, a fee of 16.31 percent
of the base rate for each ton.
(2) Thirteen percent of the base rate for each ton, or fraction
thereof, shall be paid for up to the first 5,000 tons of hazardous
waste disposed of, or submitted for disposal, in the state, at each
specific offsite facility by each producer, or at each specific
onsite facility, per month, which result from the extraction,
beneficiation, and processing of ores and minerals, including
phosphate rock and the overburden from the mining of uranium ore and
which is not otherwise subject to the fee specified in paragraph (3)
or (4).
(3) Two hundred percent of the base rate shall be paid for each
ton, or fraction thereof, of extremely hazardous waste disposed of,
or submitted for disposal, in the state.
(4) Two hundred percent of the base rate shall be paid for each
ton, or fraction thereof, of restricted hazardous wastes listed in
subdivision (b) of Section 25122.7 disposed of, or submitted for
disposal, in the state.
(5) Forty and four-tenths percent of the base rate shall be paid
for each ton, or fraction thereof, of hazardous waste disposed of, or
submitted for disposal, in the state, which is not otherwise subject
to the fees specified in paragraph (1), (2), (3), (4), or (6).
(6) Five percent of the base rate shall be paid for each ton, or
fraction thereof, of hazardous waste disposed of, or submitted for
disposal, in the state, that is a solid hazardous waste residue
resulting from incineration or dechlorination. No fees shall be
imposed pursuant to this paragraph on a solid hazardous waste residue
resulting from incineration or dechlorination which is disposed of,
or submitted for disposal, outside of the state.
(7) Fifty percent of the fee that would otherwise be paid for each
ton, or fraction thereof, of hazardous waste disposed of in the
state, that is a solid hazardous waste residue resulting from
treatment of a treatable waste by means of a designated treatment
technology, as defined in Section 25179.2. No fees shall be imposed
pursuant to this paragraph on a solid hazardous waste residue
resulting from treatment of a treatable waste by means of a
designated treatment technology that is not a hazardous waste or
which is disposed of, or submitted for disposal, outside of the
state.
(b) The amount of fees payable to the State Board of Equalization
pursuant to this section shall be calculated using the total wet
weight, measured in tons or fractions thereof, of the hazardous waste
in the form in which the hazardous waste existed at the time of
disposal, submission for disposal, or application to land using a
land disposal method, as defined in Section 66260.10 of Title 22 of
the California Code of Regulations, if all of the following apply:
(1) The weight of any nonhazardous reagents or treatment additives
added to the waste, after it has been submitted for disposal, for
purposes of rendering the waste less hazardous, shall not be included
in those calculations.
(2) Except as provided by paragraph (7) of subdivision (a), any
RCRA hazardous waste received, treated, and disposed at the disposal
facility shall be subject to a disposal fee pursuant to this section
as if it were a non-RCRA hazardous waste, if the waste, due to
treatment, is no longer a RCRA hazardous waste at the time of
disposal.
(c) All fees imposed by this section shall be paid in accordance
with Part 22 (commencing with Section 43001) of Division 2 of the
Revenue and Taxation Code.
(d) This section shall become operative on January 1, 2001.