Section 25205.12 Of Article 9.1. Facilities And Generator Fees From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 9.1.
25205.12
. (a) The owner of a hazardous waste facility authorized to
operate pursuant to a permit-by-rule, authorized under a grant of
conditional authorization pursuant to Section 25200.3, exempted
pursuant to subdivision (a) or (c) of Section 25201.5, or exempted
pursuant to Section 25144.6 or 25201.14 is exempt from the facility
fee specified in Section 25205.2 for any activities authorized by the
permit-by-rule, under a grant of conditional authorization pursuant
to Section 25200.3, exempted pursuant to subdivision (a) or (c) of
Section 25201.5, or exempted pursuant to Section 25144.6 or 25201.14
at that facility for any year or reporting period during which the
facility is operating.
(b) The retroactive portion of the facility fee exemption provided
by subdivision (a) does not apply to any facility that was
authorized by the department to operate on or before June 1, 1991,
for any fees paid or billed prior to September 1, 1992.
(c) The operator of a hazardous waste facility authorized by the
department to clean and recycle excavated underground storage tanks
is exempt from the facility fee specified in Section 25205.2 with
regard to those activities conducted before January 1, 1994, and
those activities conducted after that date, until the effective date
of a regulation adopted by the department governing the statewide
requirements for the issuance of a permit for tank cleaning and
recycling facilities.
(d) The operator of a hazardous waste facility operating pursuant
to a standardized permit or a grant of interim status, as specified
in Section 25201.6, is exempt from the facility fee specified in
Sections 25205.2 and 25205.4 for any year or reporting period prior
to January 1, 1993, during which the facility operated, if the
hazardous waste treatment or storage activity was conducted prior to
January 1, 1993, and the owner or operator is in compliance with the
notification and application requirements of Section 25201.6, as
amended in the 1993-94 Regular Session of the Legislature, or as
amended thereafter, and either of the following circumstances apply:
(1) The owner or operator was not authorized by the department
before July 1, 1993, to conduct the eligible treatment or storage
activity.
(2) The owner or operator did not pay a hazardous waste facility
fee, as specified in Section 25205.2, for that year or reporting
period prior to July 1, 1993, for the facility that is the subject of
the standardized permit.