25205.7
. (a) (1) Except as otherwise provided in this section, any
person who applies for, or requests, one of the following shall enter
into a written agreement with the department pursuant to which that
person shall reimburse the department, pursuant to Article 9.2
(commencing with Section 25206.1), for the costs incurred by the
department in processing the application or responding to the
request:
(A) A new hazardous waste facilities permit, including a
standardized permit.
(B) A hazardous waste facilities permit for postclosure.
(C) A renewal of an existing hazardous waste facilities permit,
including a standardized permit or postclosure permit.
(D) A class 2 or class 3 modification of an existing hazardous
waste facilities permit or grant of interim status, including a
standardized permit or grant of interim status or a postclosure
permit.
(E) A variance.
(F) A waste classification determination.
(2) Any agreement required pursuant to paragraph (1) may provide
for some, or all, of the reimbursement to be made in advance of the
processing of the application or the response to the request.
(3) Any agreement entered into pursuant to this subdivision may
include costs of reviewing and overseeing corrective action as set
forth in subdivision (b).
(4) This subdivision does not apply to any application or request
submitted to the department prior to July 1, 1998. Any person who
submitted such an application or request shall pay the applicable
fee, if not already paid, for the application or request as required
by this chapter as it read prior to January 1, 1998, unless the
department and the applicant or requester mutually agree to enter
into a reimbursement agreement in lieu of any unpaid portion of the
required fee.
(b) The department shall recover all the department's costs in
reviewing and overseeing any corrective action program described in
the application for a standardized permit pursuant to subparagraph
(C) of paragraph (2) of subdivision (c) of Section 25201.6 or
required pursuant to subdivision (b) of Section 25200.10, and in
reviewing and overseeing any corrective action work undertaken at the
facility pursuant to that corrective action program.
(c) Any reimbursements received pursuant to this section shall be
placed in the Hazardous Waste Control Account for appropriation in
accordance with Section 25174.
(d) (1) In lieu of entering into a reimbursement agreement with
the department pursuant to subdivision (a), any person who applies
for a new permit, a permit for postclosure, a renewal of an existing
permit, or a class 2 or class 3 permit modification may instead elect
to pay a fee as follows:
(A) A person submitting a hazardous waste facilities permit
application for a land disposal facility shall pay one hundred four
thousand one hundred eighty-seven dollars ($104,187) for a small
facility, two hundred twenty-two thousand one hundred eighty-three
dollars ($222,183) for a medium facility, and three hundred
eighty-one thousand six hundred two dollars ($381,602) for a large
facility.
(B) A person submitting a hazardous waste facilities permit
application for any incinerator shall pay sixty-two thousand seven
hundred sixty-two dollars ($62,762) for a small facility, one hundred
thirty-three thousand sixty dollars ($133,060) for a medium
facility, and two hundred twenty-eight thousand four hundred
fifty-eight dollars ($228,458) for a large facility.
(C) Except as provided in subparagraph (D), a person submitting a
hazardous waste facility permit application for a storage facility, a
treatment facility, or a storage and treatment facility shall pay
twenty-one thousand three hundred forty dollars ($21,340) for a small
facility, thirty-eight thousand nine hundred thirteen dollars
($38,913) for a medium facility, and seventy-five thousand three
hundred seventeen dollars ($75,317) for a large facility.
(D) A person submitting an application for a standardized permit
for a storage facility, a treatment facility, or a storage and
treatment facility, as specified in Section 25201.6, shall pay
thirty-two thousand fifty-two dollars ($32,052) for a Series A
standardized permit, twenty thousand eleven dollars ($20,011) for a
Series B standardized permit, and five thousand three hundred
thirty-two dollars ($5,332) for a Series C standardized permit. The
board shall assess the fees specified in this subparagraph, in
accordance with paragraph (2), based upon the classifications
specified in subdivision (a) of Section 25201.6.
(E) (i) A person submitting a hazardous waste facilities permit
application for a transportable treatment unit shall pay sixteen
thousand three hundred twenty dollars ($16,320) for a small unit,
thirty-seven thousand six hundred fifty-seven dollars ($37,657) for a
medium unit, and seventy-five thousand three hundred seventeen
dollars ($75,317) for a large unit.
(ii) Notwithstanding clause (i), the fee for any application for a
new permit, permit modification, or permit renewal for a
transportable treatment unit, that was pending before the department
as of January 1, 1996, shall be determined according to the type of
permit authorizing operation of that unit, as provided by subdivision
(d) of Section 25200.2 or the regulations adopted pursuant to
subdivision (a) of Section 25200.2. Any standardized permit issued to
the operator of a transportable treatment unit after January 1,
1996, that succeeds a full hazardous waste facilities permit issued
by the department prior to January 1, 1996, in accordance with
subdivision (d) of Section 25200.2 or the regulations adopted
pursuant to subdivision (a) of Section 25200.2, shall not be
considered to be a new hazardous waste facilities permit.
(F) A person submitting a hazardous waste facilities permit
application for a postclosure permit shall pay a fee of ten thousand
forty dollars ($10,040) for a small facility, twenty-two thousand
five hundred ninety-six dollars ($22,596) for a medium facility, and
thirty-seven thousand six hundred fifty-seven dollars ($37,657) for a
large facility.
(G) A person submitting an application for one or more class 2
permit modifications, including a class 2 modification to a
standardized permit, shall pay a fee equal to 20 percent of the fee
for a new permit for that facility for each unit directly impacted by
the modifications, up to a maximum of 40 percent for each
application, except that each person who applies for one or more
class 2 permit modifications for a land disposal facility or an
incinerator shall pay a fee equal to 15 percent of the fee for a new
permit for that facility for each unit directly impacted by the
modifications, up to a maximum of 30 percent for each application.
(H) A person submitting an application for one or more class 3
permit modifications, including a class 3 modification to a
standardized permit, shall pay a fee equal to 40 percent of the fee
for a new permit for that facility for each unit directly impacted by
the modifications, up to a maximum of 80 percent for each
application, except that a person who applies for one or more class 3
permit modifications for a land disposal facility or an incinerator
shall pay a fee equal to 30 percent of the fee for a new permit for
that facility for each unit directly impacted by the modifications,
up to a maximum of 60 percent for each application.
(I) A person who submits an application for renewal of any
existing permit shall pay an amount equal to the fee that would have
been assessed had the person requested the same changes in a
modification application, but not less than one-half the fee required
for a new permit.
(J) A person who submits a single application for a facility that
falls within more than one fee category shall pay only the higher
fee.
(2) The fees required by paragraph (1) shall be assessed by the
board upon application to the department. For a facility operating
pursuant to a grant of interim status, the submittal of the
application shall be the submittal of the Part B application in
accordance with regulations adopted by the department. The fee shall
be nonrefundable, even if the application is withdrawn or denied. The
department shall provide the board with any information that is
necessary to assess fees pursuant to this section. The fee shall be
collected in accordance with Part 22 (commencing with Section 43001)
of Division 2 of the Revenue and Taxation Code, and deposited into
the Hazardous Waste Control Account.
(3) The amounts stated in this subdivision are the base rates for
the 1997 calendar year. Thereafter, the fees shall be adjusted
annually by the board to reflect increases or decreases in the cost
of living, during the prior fiscal year, as measured by the Consumer
Price Index issued by the Department of Industrial Relations, or a
successor agency.
(4) Except as provided in paragraph (5), for purposes of this
section, and notwithstanding Section 25205.1, any facility or unit is
"small" if it manages 0.5 tons (1,000 pounds) or less of hazardous
waste during any one month of the state's current fiscal year,
"medium" if it manages more than 0.5 tons (1,000 pounds), but less
than 1,000 tons, of hazardous waste during any one month of the state'
s current fiscal year, and "large" if it manages 1,000 or more tons
of hazardous waste during any one month of the state's current fiscal
year.
(5) For purposes of subparagraph (F) of paragraph (1) of this
subdivision and paragraph (8) of subdivision (c) of Section 25205.4,
any facility or unit is "small" if 0.5 tons (1,000 pounds) or less of
hazardous waste remain after closure, "medium" if more than 0.5 tons
(1,000 pounds), but less than 1,000 tons of hazardous waste remain
after closure, and "large" if 1,000 or more tons of hazardous waste
remain after closure.
(6) The amounts stated in this subdivision are in addition to any
amounts required to reimburse the department for the corrective
action review and oversight costs required to be recovered pursuant
to subdivision (b).
(e) Subdivision (a) does not apply to any variance granted
pursuant to Article 4 (commencing with Section 66263.40) of Chapter
13 of Division 4.5 of Title 22 of the California Code of Regulations.
(f) Subdivisions (a) and (d) do not apply to a permit modification
resulting from a revision of a facility's or operator's closure plan
if the facility is exempted from fees pursuant to subdivision (e) of
Section 25205.3, or if the operator is subject to paragraph (2) or
(3) of subdivision (d) of Section 25205.2.
(g) (1) Except as provided in paragraphs (3) and (4), subdivisions
(a) and (d) do not apply to any permit or variance to operate a
research, development, and demonstration facility, if the duration of
the permit or variance is not longer than one year, unless the
permit or variance is renewed pursuant to the regulations adopted by
the department.
(2) For purposes of this section, a "research, development, and
demonstration facility" is a facility which proposes to utilize an
innovative and experimental hazardous waste treatment technology or
process for which regulations prescribing permit standards have not
been adopted.
(3) The exemption provided by this subdivision does not apply to a
facility which operates as a medium or large multiuser offsite
commercial hazardous waste facility and which does not otherwise
possess a hazardous waste facilities permit pursuant to Section
25200.
(4) The fee exemption authorized pursuant to paragraph (1) shall
be effective for a total duration of not more than two years.
(h) Subdivisions (a) and (d) do not apply to any of the following:
(1) Any variance issued to a public agency to transport wastes for
purposes of operating a household hazardous waste collection
facility, or to transport waste from a household hazardous waste
collection facility, which receives household hazardous waste or
hazardous waste from conditionally exempted small quantity generators
pursuant to Article 10.8 (commencing with Section 25218).
(2) A permanent household hazardous waste collection facility.
(3) Any variance issued to a public agency to conduct a collection
program for agricultural wastes.
(i) Notwithstanding subdivisions (a) and (b), the department shall
not assess any fees or seek any reimbursement for the department's
costs in reviewing and overseeing any preliminary site assessment in
conjunction with a hazardous waste facilities permit application.
(j) The changes made in this section by Chapter 870 of the
Statutes of 1997 do not require amendment of, or otherwise affect,
any agreement entered into prior to July 1, 1998, pursuant to which
any person has agreed to reimburse the department for the costs
incurred by the department in processing applications, responding to
requests, or otherwise providing other services pursuant to this
chapter.