25205.15
. (a) Except for the first four manifests used in a
calendar year by a business with less than 100 employees, and except
as provided in paragraph (2), in addition to any fees to cover
printing and distribution costs, the department shall impose a
manifest fee of seven dollars and fifty cents ($7.50) for each
California Hazardous Waste Manifest form or electronic equivalent
used after June 30, 1998, by any person, in the following manner:
(1) The department shall bill generators for each California
Uniform Hazardous Waste Manifest form, manifest number, or electronic
equivalent used after June 30, 1998. The billing frequency specified
by the department may range from monthly to annually, with the
payment by the generator required within 30 days from the date of
receipt of the billing, and shall be determined based on consultation
with the regulated community. In preparing the bills, the department
shall distinguish between manifests used solely for recycled
hazardous wastes and those used for nonrecycled hazardous wastes. In
determining the billing frequency, the department may take into
account each person's volume of manifest usage.
(2) (A) The manifest fee shall not be collected on the use of
California Hazardous Waste Recycling Manifests that are used solely
for hazardous wastes that are recycled.
(B) The manifest fee for each California Uniform Hazardous Waste
Manifest form used solely for hazardous waste derived from air
compliance solvents, shall be three dollars and fifty cents ($3.50)
This is in addition to any fees charged to cover printing and
distribution costs.
(3) The department shall implement a system for the use of
manifests that distinguishes among recycling manifests used solely
for hazardous wastes that are to be recycled, manifests used solely
to transport hazardous waste derived from air compliance solvents,
and general manifests that may be used for transporting waste for any
purpose.
(4) (A) If a person erroneously reports on a California Uniform
Hazardous Waste Manifest that the manifest is being used for the
transport of hazardous wastes that are being shipped for recycling or
for the transport of hazardous wastes derived from air compliance
solvents rather than the transport of other types of hazardous waste,
the person shall pay the seven dollars and fifty cents ($7.50)
manifest fee and an additional error correction fee of twenty dollars
($20) per manifest, as required pursuant to Section 25160.5.
(B) Notwithstanding subparagraph (A) the department shall provide
the manifest user with a reasonable opportunity to notify the
department of any incorrect use of the recycling manifest, as
described in subparagraph (A), and to provide the department with the
appropriate manifest fee payment without additional fines,
penalties, or payment of the error correction fee.
(5) The department may adopt regulations to implement and
administer the manifest fee system imposed pursuant to this
subdivision.
(b) For purposes of subdivision (a), a California Uniform
Hazardous Waste Manifest means either of the following:
(1) A manifest document printed and supplied by the state for a
shipment initiated on and before September 4, 2006.
(2) The Uniform Hazardous Waste Manifest printed by a source
registered with the United States Environmental Protection Agency for
a shipment initiated on and after September 5, 2006, if the manifest
originates from a generator located in California, is received by
the designated facility located in California where the manifest is
signed and terminated, or is imported or exported through a point of
entry or exit in California.
(c) On and after July 1, 1999, commencing with 1999-2000 fiscal
year and annually thereafter, the department shall expend, upon
appropriation by the Legislature in the annual Budget Act, not less
than one million fifty thousand dollars ($1,050,000) from the
manifest fees, deposited in the Hazardous Waste Control Account, to
establish a program to encourage hazardous waste generators to
implement pollution prevention measures. The program shall be
administered pursuant to administrative and expenditure criteria to
be established by the Legislature.
(d) The manifest fees shall be deposited in the Hazardous Waste
Control Account and be available for expenditure, upon appropriation
by the Legislature.
(e) For purposes of this section, "air compliance solvent" means a
solvent, including aqueous solutions, that are required or approved
for use by regulations adopted by the State Air Resources Board, an
air pollution control district, or an air quality management
district, to meet air emission standards adopted by that board or
district and, pursuant to those regulations, is required to be used
instead of another solvent that was used and recycled prior to the
adoption of those regulations.