Section 25208.3 Of Article 9.5. Surface Impoundments From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 9.5.
25208.3
. (a) The state board shall, by emergency regulation, adopt
a fee schedule that assesses a fee upon any person discharging any
liquid hazardous wastes or hazardous wastes containing free liquids
into a surface impoundment, except as provided in Section 25208.17.
The state board shall include in this fee schedule the fees charged
for applications for, and renewals of, an exemption from Section
25208.5, as specified in subdivision (h) of Section 25208.5, from
subdivision (a) of Section 25208.4, as specified in subdivision (b)
of Section 25208.4, from subdivision (c) of Section 25208.4, as
specified in Section 25208.16, and from Sections 25208.4 and 25208.5,
as specified in subdivision (e) of Section 25208.13. The state board
shall also include provisions in the fee schedule for assessing a
penalty pursuant to subdivision (c). The state board shall set these
fees at an amount equal to the state board's and regional board's
reasonable and anticipated costs of administering this article.
(b) The emergency regulations that set the fee schedule shall be
adopted by the state board in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, and for the purposes of that chapter, including
Section 11349.6 of the Government Code, the adoption of these
regulations is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health and safety, and general welfare.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, any emergency
regulations adopted by the state board pursuant to this section shall
be filed with, but not be repealed by, the Office of Administrative
Law and shall remain in effect until revised by the state board.
(c) The state board shall send a notice to each person subject to
the fee specified in subdivision (a). If a person fails to pay the
fee within 60 days after receipt of this notice, the state board
shall require the person to pay an additional penalty fee. The state
board shall set the penalty fee at not more than 100 percent of the
assessed fee, but in an amount sufficient to deter future
noncompliance, as based upon that person's past history of compliance
and ability to pay, and upon additional expenses incurred by this
noncompliance.
(d) The state board shall collect and deposit the fees collected
pursuant to this article in the Surface Impoundment Assessment
Account, which is hereby created in the General Fund. The money
within the Surface Impoundment Assessment Account is available, upon
appropriation by the Legislature, to the state board and the regional
boards for purposes of administering this article and Article 9.7
(commencing with Section 25209.10).