Section 25200.2 Of Article 9. Permitting Of Facilities From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 9.
25200.2
. (a) The department shall develop a permitting process for
transportable hazardous waste treatment units for treating hazardous
waste in accordance with the federal act and in accordance with this
chapter for hazardous wastes that are not otherwise subject to the
federal act. The permitting process shall require the units to be
permitted pursuant to the regulations of the department for operation
pursuant to a permit-by-rule, a hazardous waste facilities permit,
or pursuant to the regulations of the department for operation under
a standardized permit adopted pursuant to Section 25201.6, whichever
the department determines to be appropriate, by regulation, depending
on the nature of the treatment units and the type of hazardous waste
to be treated, and without regard to whether the units are
determined to be onsite or offsite treatment units.
(b) (1) The operator of a transportable hazardous waste treatment
unit shall pay the same annual fee as facilities authorized to
operate pursuant to a permit-by-rule specified in subdivision (a) of
Section 25205.14. The operator of a unit is exempt from paying the
facility fee specified in Section 25205.2 for any year or reporting
period during which the unit was operating for any activity
authorized under permit, except as specified in subdivision (b) of
Section 25205.12.
(2) The department shall report on the actual costs of managing
the transportable hazardous waste treatment units in the annual
onsite treatment report required pursuant to subparagraph (D) of
paragraph (3) of subdivision (a) of Section 25171.5. Notwithstanding
paragraph (1), the Legislature may authorize the department to
recover the costs to manage the transportable treatment units should
the actual costs exceed the revenue raised by the fees specified in
Section 25205.14.
(c) A transportable hazardous waste treatment unit operating
pursuant to a hazardous waste facilities permit, a standardized
permit, or pursuant to the department's regulations for operation
under a permit-by-rule may operate at a facility for a period not to
exceed one year. If the owner or operator of the transportable
hazardous waste treatment unit shows cause, the department may
authorize up to two extensions of this period, of six months
duration, during which the transportable hazardous waste treatment
unit may operate at the facility, if the department reviews the
justification for the extension request after the first six-month
period.
(d) Notwithstanding any other provision of this section, if, as of
March 1, 1996, the department has not issued proposed regulations,
or has not adopted emergency regulations, to implement the changes
made to this section by the act adding this subdivision, until the
department issues or adopts those regulations, the department shall
regulate all transportable treatment units operating pursuant to a
permit-by-rule on January 1, 1996, pursuant to the regulations
adopted by the department with regard to permit-by-rule, and shall
regulate all transportable treatment units operating pursuant to a
hazardous waste facilities permit on January 1, 1996, pursuant to the
regulations providing for a standardized permit.