Section 25205.18 Of Article 9.1. Facilities And Generator Fees From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 9.1.
25205.18
. (a) If a facility has a permit or an interim status
document which sets forth the facility's allowable capacity for
treatment or storage, the facility's size for purposes of the annual
facility fee shall be based upon that capacity, except as provided in
subdivision (d).
(b) If a facility's allowable capacity changes or is initially
established as a result of a permit modification, or a submission of
a certification pursuant to subdivision (d), the fee that is due for
the reporting period in which the change occurs shall be the lower
fee until December 31, 1994. After that date, the fee that is due for
the reporting period in which a change occurs shall be the higher
fee.
(c) (1) The department may require the facility to submit an
application to modify its permit to provide for an allowable
capacity.
(2) Subdivisions (a) and (d) of Section 25205.7 do not apply to an
application for modification required by the department pursuant to
this subdivision.
(d) A facility may reduce its allowable capacity below the amounts
specified in subdivision (a) or (c) by submitting a certification
signed by the owner or operator in which the owner or operator
pledges that the facility will not handle hazardous waste at a
capacity above the amount specified in the certification. In that
case, the facility's size for purposes of the annual facility fee
shall be based upon the capacity specified in the certification,
until the certification is withdrawn. Exceeding the capacity limits
specified in a certification that has not been withdrawn shall be a
violation of the hazardous waste control law and may subject a
facility or its operator to a penalty and corrective action as
provided in this chapter, including, but not limited to, an
augmentation pursuant to Section 25191.1.
(e) This section shall have no bearing on the imposition of the
annual postclosure facility fee.