Section 25205.9 Of Article 9.1. Facilities And Generator Fees From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 9.1.
25205.9
. (a) On or before June 30 of each year, the department
shall determine if there are surplus funds in the Hazardous Waste
Control Account and shall, upon appropriation by the Legislature,
allocate these surplus funds to pay refunds in the following order of
priority:
(1) To pay refunds to generators pursuant to subdivision (c).
(2) To pay refunds to generators pursuant to subdivision (d).
However, the department shall not pay refunds pursuant to subdivision
(d) until all applications for refunds pursuant to subdivision (c)
have first been paid.
(b) The department shall certify the amount of the surplus in the
Hazardous Waste Control Account to the board and shall direct the
board to pay refunds to generators pursuant to subdivisions (c) and
(d) to the extent funds permit. If funds are not sufficient to pay
all the refunds for which the board receives applications pursuant to
subdivision (h) of Section 25205.5, the department shall direct the
board to pay refunds pursuant to subdivision (c) on a pro rata basis.
If funds are sufficient to pay all refunds for which applications
are received pursuant to subdivision (h) of Section 25205.5 but not
sufficient to pay all refunds for which applications were received by
the board pursuant to subdivision (i) of Section 25205.5, the
department shall direct the board to pay refunds pursuant to
subdivision (d) on a pro rata basis.
(c) (1) If the department certifies that there are sufficient
funds to do so, the board shall issue refunds, in the manner directed
by the department pursuant to subdivision (b), to hazardous waste
generators who are eligible for refunds pursuant to paragraph (1) of
subdivision (h) of Section 25205.5.
(2) The refund made to a generator pursuant to this subdivision
shall not exceed the fee paid by the generator pursuant to Section
25205.5, or exceed the hazardous waste generator inspection fee paid
to the certified unified program agency for the previous calendar
year, whichever is less.
(3) The board may issue refunds pursuant to this section only if
the department certifies, pursuant to subdivision (b), that funds for
these refunds are available.
(d) (1) If the department certifies that there are sufficient
funds to do so, the board shall issue refunds, in the manner directed
by the department pursuant to subdivision (b), to hazardous waste
generators who are eligible for refunds pursuant to paragraph (1) of
subdivision (i) of Section 25205.5.
(2) The refund made to a generator pursuant to this subdivision
shall be equal to the difference between the amount of the generator
fee paid by the generator pursuant to Section 25205.5 and the amount
the generator would have paid if the amount of hazardous materials
transferred to an offsite facility for recycling had been deducted
from the total tonnage of hazardous waste generated at the generator'
s site. However, if a generator receives a refund pursuant to
subdivision (c), the generator may not receive a refund pursuant to
this subdivision that exceeds the difference between the amount of
the generator fee paid pursuant to Section 25205.5 and the amount of
the refund received pursuant to subdivision (c).
(3) The board may issue refunds pursuant to this subdivision only
if the department certifies, pursuant to subdivision (b), that funds
for these refunds are available.
(e) For purposes of this section, "surplus" means the amount in
the Hazardous Waste Control Account on June 30 of each year that is
in excess of the reserve required by subdivision (k) of Section
25174.