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SB-1579 Hazardous waste facilities: standardized permits.(1993-1994)

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SB1579:v90#DOCUMENT

Senate Bill No. 1579
CHAPTER 1159

An act to amend Sections 25201.6, 25205.2, 25205.4, 25205.7, and 25205.12 of the Health and Safety Code, relating to hazardous waste.

[ Filed with Secretary of State  September 30, 1994. Approved by Governor  September 29, 1994. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1579, Wright. Hazardous waste facilities: standardized permits.
(1)  Under existing law, the Department of Toxic Substances Control is required to issue hazardous waste facilities permits to use and operate one or more hazardous waste management units at a facility which, in the judgment of the department, meet specified requirements.
Existing law requires the State Board of Equalization to assess a fee for any application for a new hazardous waste facilities permit, a permit for a hazardous waste facility which would manage extremely hazardous waste, a variance, or a permit modification, for deposit into the Hazardous Waste Control Account. Existing law specifies certain fee amounts to be assessed and provides that these amounts are base rates for the 1989–90 fiscal year.
Certain offsite non-RCRA treatment or storage facilities are eligible, under existing law, for operation under a standardized permit. A facility treating oil or solvents is not eligible for a standardized permit. Interim status granted pursuant to the standardized permit provisions terminates upon a final permit determination, or June 1, 1995, whichever date is earlier. An offsite treatment facility which is not subject to the federal Resources Conservation and Recovery Act of 1976 (RCRA) operating pursuant to interim status under the standardized permit provisions is required to pay a specified facility fee to the department.
A violation of the hazardous waste control laws is a crime.
This bill would extend the June 1, 1995, date for interim status termination under the standardized permit provisions, to October 1, 1995.
The bill would provide that an offsite facility treating only solvents of the types generated from dry cleaning operations is eligible for a standardized permit if specified conditions are met. The bill would also make that facility eligible for the facility fee exemption for any year or reporting period prior to January 1, 1995, if the owner or operator is in compliance with specified notification and application requirements not later than March 1, 1995.
The bill would additionally require offsite non-RCRA storage or treatment or storage facilities subject to the standardized permit provisions to pay the facility fee, and would exempt the operator of a hazardous waste facility operating pursuant to a grant of interim status under the standardized permit provisions from specified facility fees, subject to specified conditions.
The bill would provide that, for all facilities operating pursuant to a standardized permit, the fee amounts are to be the base rates for the 1993–94 fiscal year. The bill would require the board to pay a refund to an owner or operator of a facility operating pursuant to a standardized permit who paid fees in excess of the amounts specified for the 1993–94 fiscal year.
The bill would make related and technical changes.
Since a violation of the requirements for facilities eligible to operate under a standardized permit is a crime, the bill would impose a state-mandated local program by creating new crimes. (2)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:


SECTION 1.

 Section 25201.6 of the Health and Safety Code is amended to read:

25201.6.
 (a)  For purposes of this section and Section 25205.2, the following terms have the following meaning:
(1)  “Series A standardized permit” means a permit issued to a facility that meets one of the following conditions:
(A)  The total influent volume of liquid hazardous waste treated is greater than 50,000 gallons per calendar month.
(B)  The total volume of solid hazardous waste treated is greater than 100,000 pounds per calendar month.
(C)  Where both liquid and solid hazardous wastes are being treated, either the total volume of liquid waste treated exceeds the volume specified in subparagraph (A), or the total volume of solid hazardous waste treated exceeds the volume specified in subparagraph (B).
(D)  The total facility storage design capacity is greater than 500,000 gallons for liquid hazardous waste.
(E)  The total facility storage design capacity is greater than 500 tons for solid hazardous waste.
(F)  Where both liquid and solid hazardous waste are being stored, the total volume of liquid waste stored exceeds the volume specified in subparagraph (D), or the total volume of solid hazardous waste stored exceeds the volume specified in subparagraph (E).
(G)  A volume of liquid or solid hazardous waste is stored at the facility for more than one calendar year.
(2)  “Series B standardized permit” means a permit issued to a facility that does not store liquid or solid hazardous waste of any period of more than one calendar year, and that meets one of the following conditions:
(A)  The total influent volume of liquid hazardous waste treated is greater than 5,000 gallons but less than 50,000 gallons per calendar month.
(B)  The total volume of solid hazardous waste treated is greater than 10,000 pounds but less than 100,000 pounds per calendar month.
(C)  Where both liquid and solid hazardous wastes are being treated, the total volume of liquid hazardous waste treated does not exceed the volume specified in subparagraph (A), and the volume of solid hazardous waste treated does not exceed the volume specified in subparagraph (B).
(D)  The total facility storage design capacity is greater than 50,000 gallons but less than 500,000 gallons for liquid hazardous waste.
(E)  The total facility storage design capacity is greater than 100,000 pounds but less than 500 tons for solid hazardous waste.
(F)  Where both liquid and solid hazardous wastes are being stored, the total volume of liquid hazardous waste stored does not exceed the volume specified in subparagraph (D), and the total volume of solid hazardous waste stored does not exceed the volume specified in subparagraph (E).
(3)  “Series C standardized permit” means a permit issued to a facility that does not store liquid or solid hazardous waste for any period for more than one calendar year, that, except as provided in subparagraph (G), does not treat or store reactive, ignitable or extremely hazardous waste, that does not conduct thermal treatment of hazardous waste, with the exception of evaporation, and meets one of the following conditions:
(A)  The total influent volume of liquid hazardous waste treated does not exceed 5,000 gallons per calendar month.
(B)  The total volume of solid hazardous waste treated does not exceed 10,000 pounds per calendar month.
(C)  Where both liquid and solid hazardous wastes are being treated, the total volume of liquid hazardous waste treated does not exceed the volume specified in subparagraph (A), and the total volume of solid hazardous wastes treated does not exceed the volume specified in subparagraph (B).
(D)  The total facility storage design capacity does not exceed 50,000 gallons for liquid hazardous waste.
(E)  The total facility storage design capacity does not exceed 100,000 pounds for solid hazardous waste.
(F)  Where both liquid and solid hazardous wastes are being stored, the total volume of liquid hazardous waste stored does not exceed the volume specified in subparagraph (D) and the total volume of solid hazardous waste stored does not exceed the volume specified in subparagraph (E).
(G)  Notwithstanding any other provision of this paragraph, a permanent household hazardous waste collection facility operating pursuant to a series C standardized permit may store and bulk reactive, ignitable, and extremely hazardous waste.
(b)  The department shall adopt regulations specifying standardized hazardous waste facilities permit application forms that may be completed by an offsite non-RCRA series A, B, or C treatment, storage, or treatment and storage facility, in lieu of other hazardous waste facilities permit application procedures set forth in regulations. The department shall not issue permits under this section to specific classes of facilities unless the department finds that doing so will not create a competitive disadvantage to a member or members of that class which were in compliance with the permitting requirements which were in effect on September 1, 1992.
(c)  The regulations adopted pursuant to subdivision (b) shall include all of the following:
(1)  Require that the standardized permit notification be submitted to the department on or before October 1, 1993, for facilities existing on or before September 1, 1992, except for facilities specified in paragraph (2) of subdivision (g). The standardized permit notification shall include, at a minimum, the information required for a Part A application as described in Section 66270.13 of Title 22 of the California Code of Regulations.
(2)  Require that the standardized permit application be submitted to the department within six months of the submittal of the standardized permit notification, except that a facility that submits a notification prior to October 1, 1993, may submit a permit application on or before April 1, 1994. The standardized permit application shall require, at a minimum, that the following information be submitted to the department for review prior to the final permit determination:
(A)  A description of the treatment and storage activities to be covered by the permit, including the type and volumes of waste, the treatment process, equipment description, and design capacity.
(B)  A copy of the closure plan as required by paragraph (13) of subdivision (b) of Section 66270.14 of Title 22 of the California Code of Regulations.
(C)  A description of the corrective action program, as required by Section 25200.10.
(D)  Financial responsibility documents specified in paragraph (17) of subdivision (b) of Section 66270.14 of Title 22 of the California Code of Regulations.
(E)  A copy of the topographical map as specified in paragraph (18) of subdivision (b) of Section 66270.14 of Title 22 of the California Code of Regulations.
(F)  A description of the individual container, and tank and containment system, and of the engineer’s certification, as specified in Sections 66270.15 and 66270.16 of Title 22 of the California Code of Regulations.
(G)  Documentation of compliance, if applicable, with the requirements of Article 8.7 (commencing with Section 25199).
(3)  Require that a facility operating pursuant to a standardized permit comply with the liability assurance requirements in Section 25200.1.
(4)  Specify which of the remaining elements of the permit application as described in subdivision (b) of Section 66270.14 of the California Code of Regulations shall be the subject of a certification of compliance by the applicant.
(5)  Establish a procedure for imposing an administrative penalty pursuant to Section 25187, in addition to any other penalties provided by this chapter, upon an owner or operator of an offsite non-RCRA treatment or storage facility who does not submit a standardized permit notification to the department on or before October 1, 1993, pursuant to paragraph (1), or, on or before March 1, 1995, for facilities subject to paragraph (2) of subdivision (g), and who continues to operate the facility without obtaining a hazardous waste facilities permit or other grant of authorization from the department after October 1, 1993. In determining the amount of the administrative penalty to be assessed, the regulations shall require the amount to be based upon the economic benefit gained by that owner or operator as a result of failing to comply with this section.
(6)  Require that a facility operating pursuant to a standardized permit comply, at a minimum, with the interim status facility operating requirements specified in the regulations adopted by the department, except that the regulations adopted pursuant to this section may specify financial assurance amounts necessary to adequately respond to damage claims at levels that are less than those required for interim status facilities if the department determines that lower financial assurance levels are appropriate.
(d)  (1)  Any regulations adopted pursuant to this section may be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(2)  On and before January 1, 1995, the adoption of the regulations pursuant to paragraph (1) 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.
(e)  The department shall take final action on each standardized permit application within 18 months after the application is submitted to the department. The department may not grant a permit under this section unless the department has determined the adequacy of the material submitted with the application and has conducted an inspection of the facility and determined all of the following:
(1)  The treatment process is an effective method of treating the waste, as described in the permit application.
(2)  The corrective action plan is appropriate for the facility.
(3)  The financial assurance is sufficient for the facility.
(f)  Interim status shall not be granted to a facility which does not submit a standardized permit notification on or before October 1, 1993, unless the facility is subject to paragraph (2) of subdivision (g). Interim status shall be revoked if the permit application is not submitted within six months of the permit notification. Interim status granted to any facility pursuant to this section and Sections 25200.5 and 25200.9 shall terminate upon a final permit determination or October 1, 1995, whichever date is earlier. An offsite non-RCRA treatment, storage, or treatment and storage facility operating pursuant to interim status which applies for a permit pursuant to this section shall pay fees to the department in an amount equal to the fees established by subdivision (e) of Section 25205.4 for the same size and type of facility.
(g)  (1)  Except as provided in paragraph (2), a facility treating used oil or solvents, or which engages in incineration, thermal destruction, or any land disposal activity, is not eligible for a standardized permit pursuant to this section.
(2)  (A)  Notwithstanding paragraph (1), an offsite facility treating solvents is eligible for a standardized permit pursuant to this section if all of the following conditions are met:
(i)  The facility exclusively treats solvent wastes, and is not required to obtain a permit pursuant to the federal act.
(ii)  The solvent wastes that the facility treats are only the types of solvents generated from dry cleaning operations.
(iii)  Ninety percent or more of the solvents that the facility receives are from dry cleaning operations.
(iv)  Ninety percent or more of the solvents that the facility receives are recycled and sold by the facility, excluding recycling for energy recovery, provided that the facility does not produce more than 15,000 gallons per month of recycled solvents.
(B)  A facility that is eligible for a standardized permit pursuant to this paragraph is also eligible for the fee exemption provided in subdivision (d) of Section 25205.12 for any year or reporting period prior to January 1, 1995, if the owner or operator complies with the notification and application requirements of this section on or before March 1, 1995.
(C)  A facility treating solvents pursuant to this paragraph shall clearly label all recycled solvents as recycled prior to subsequent sale or distribution.
(D)  Notwithstanding that a facility eligible for a standardized permit pursuant to this paragraph meets the eligibility requirements for a Series C standardized permit specified in paragraph (3) of subdivision (a), the facility shall obtain and meet the requirements for a Series B standardized permit specified in paragraph (2) of subdivision (a).
(E)  Notwithstanding any other provision of this chapter, for purposes of this paragraph, if the recycled material is to be used for dry cleaning, “recycled” means the removal of water and inhibitors from waste solvent and the production of dry cleaning solvent with an appropriate inhibitor for dry cleaning use. The removal of inhibitors is not required if all of the solvents received by the facility that are recycled for dry cleaning use are from dry cleaners.
(h)  Offsite non-RCRA treatment facilities operating pursuant to this section shall comply with Article 4 (commencing with Section 66270.40) of Chapter 20 of Division 4.5 of Title 22 of the California Code of Regulations.
(i)  (1)  The department shall require an owner or operator applying for a standardized permit to complete and file a phase I environmental assessment with the application. However, if a RCRA facility assessment has been performed by the department, the assessment shall be deemed to satisfy the requirement of this subdivision to complete and file a phase I environmental assessment, and the facility shall not be required to submit a phase I environmental assessment with its application.
(2)  (A)  For purposes of this subdivision, the phase I environmental assessment shall include a preliminary site assessment, as described in subdivision (b) of Section 25200.14, except that the phase I environmental assessment shall also include a certification, signed, except as provided in subparagraph (B), by the owner, and also by the operator if the operator is not the owner, of the facility and an independent professional engineer, geologist, or environmental assessor registered in the state.
(B)  Notwithstanding subparagraph (A), the certification for a permanent household waste collection facility may be signed by any professional engineer, geologist, or environmental assessor registered in the state, including, but not limited to, such a person employed by the governmental entity, but if the facility owner is not a governmental entity, the engineer, geologist, or assessor signing the certification shall not be employed by, or be an agent of, the facility owner.
(3)  The certification specified in paragraph (2) shall state whether evidence of a release of hazardous waste or hazardous constituents has been found.
(4)  If evidence of a release has been found, the facility shall complete a detailed site assessment to determine the nature and extent of any contamination resulting from the release and shall submit a corrective action plan to the department, within one year of submittal of the standardized permit application.
(j)  The department shall establish an inspection program to identify, inspect, and bring into compliance any non-RCRA treatment, storage, or treatment and storage facility which is operating without a permit or other grant of authorization from the department for that treatment or storage activity.
(k)  An offsite non-RCRA treatment, storage, or treatment and storage facility authorized to operate pursuant to a hazardous waste facilities permit issued pursuant to Section 25200 may operate pursuant to a series A, B, or C standardized permit by completing the appropriate permit modification procedure specified in the regulations for such a modification.
( l)  Notwithstanding any other provision of law, the permit modification fee imposed pursuant to subdivision (i) of Section 25205.7 for a modification made pursuant to subdivision (k) shall be the appropriate class 1, 2, or 3 standardized permit modification fee specified in subdivision (i) of Section 25205.7.

SEC. 2.

 Section 25205.2 of the Health and Safety Code is amended to read:

25205.2.
 (a)  Except as provided in subdivisions (c) and (h), in addition to the fees specified in Section 25174.1, each operator of a facility shall pay a facility fee for each reporting period, or any portion thereof, to the board based on the size and type of the facility, as specified in Section 25205.4. On or before January 31 of each calendar year, the department annually shall notify the board of all known facility operators by facility type and size. The department shall also notify the board of any operator issued a permit or grant of interim status within 30 days after a permit or grant of interim status is issued to the operator. The fee specified in this section does not apply to facilities operating pursuant to a permit-by-rule, as specified in Section 25205.12.
(b)  The board shall deposit all fees collected pursuant to subdivision (a) in the Hazardous Waste Control Account in the General Fund. The fees so deposited may be expended by the department, upon appropriation by the Legislature, for the purposes specified in subdivision (b) of Section 25174.
(c)  Notwithstanding subdivision (a), a person who is issued a variance by the department from the requirement of obtaining a hazardous waste facilities permit or grant of interim status is not subject to the fee, for any reporting period following the reporting period in which the variance was granted by the department.
(d)  Operators subject to facility fee liability pursuant to this section shall pay the following amounts:
(1)  The operator shall pay the applicable facility fee for each reporting period in which the facility actually engaged in the treatment, storage, or disposal of hazardous waste.
(2)  The operator shall pay the applicable facility fee for one additional reporting period immediately following the final reporting period in which the facility actually engaged in that treatment or storage. For the 1994 reporting period and thereafter, the facility’s size for that additional reporting period shall be deemed to be the largest size at which the facility has ever been subject to the fee. If the department previously approved a unit or portion of the facility for a variance, closure, or permit-by-rule, the facility’s size for that reporting period shall be deemed to be its largest size since the department granted the approval.
(3)  The operator of a disposal facility shall pay twice the applicable facility fee for one additional reporting period immediately following the final reporting period in which the facility actually engaged in disposal of hazardous waste.
(4)  For the 1994 reporting period and thereafter, a facility shall not be deemed to have stopped treating, storing, or disposing of hazardous waste unless it has actually ceased that activity and has notified the department of its intent to close.
(5)  If the reporting period which immediately followed the final reporting period in which a facility actually engaged in the treatment, storage, or disposal of the hazardous waste was the six-month period from July 1, 1991, through December 31, 1991, the operator shall be subject to twice the fee otherwise applicable to that operator for that reporting period under paragraphs (2) and (3).
(e)  No facility shall be subject to a facility fee for treatment, storage, or disposal, if that activity took place before July 1, 1986, and if the fee for the activity was not paid prior to January 1, 1994.
(f)  Notwithstanding any other provision of this section, a person who ceased actual treatment, storage, or disposal of hazardous waste, whether generated onsite or received from offsite, before July 1, 1986, and who paid facility fees for any reporting period after that date pursuant to a decision of the Board of Equalization and who filed a claim for refund of those fees on or before January 1, 1994, shall be entitled to a refund of those amounts.
(g)  Facility operators who treated, stored, or disposed of hazardous waste on or after July 1, 1986, shall be subject to the provisions of this section which were in effect prior to January 1, 1994, as to payments which their operators made prior to January 1, 1994. The operators shall be subject to subdivision (d) as to any other liability for the facility fee.
(h)  A treatment facility is not subject to the facility fee established pursuant to this section, if the facility engages in treatment exclusively to accomplish a removal or remedial action or a corrective action in accordance with an order issued by the Environmental Protection Agency pursuant to the federal act or in accordance with an order issued by the department pursuant to Section 25187, if the facility was put in operation solely for purposes of complying with that order. The department shall instead assess a fee for that facility for the actual time spent by the department for the inspection and oversight of that facility. The department shall base the fee on the department’s work standards and shall assess the fee on an hourly basis.
(i)  Notwithstanding subdivision (a), a facility operating pursuant to a standardized permit or a grant of interim status, as specified in Section 25201.6, is exempt from the annual facility fee imposed by this section for a period of time equal to the number of years that the facility lawfully operated prior to September 21, 1993, pursuant to a hazardous waste facilities permit or other grant of authorization and paid facility fees for the operation of the facility pursuant to this section.

SEC. 3.

 Section 25205.4 of the Health and Safety Code is amended to read:

25205.4.
 (a)  The base rate for the facility fee imposed by Section 25205.2 for the 1991–92 fiscal year is the base rate for the 1991 reporting period, as established pursuant to this section as it read on June 30, 1991. Commencing with the 1992 reporting period, and for each reporting period thereafter, the board shall adjust the base rate annually to reflect increases or decreases in the cost of living measured by the Consumer Price Index issued by the United States Department of Labor or by a successor agency of the federal government.
(b)  The determination of the facility fee pursuant to this section, including the redetermination of the base rate, is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(c)  Except as provided in subdivision (e), in computing the facility fees, all of the following shall apply:
(1)  The fee to be paid by a ministorage facility shall equal 25 percent of the base facility rate.
(2)  The fee to be paid by a small storage facility shall equal the base facility rate.
(3)  The fee to be paid by a large storage facility shall equal twice the base facility rate.
(4)  The fee to be paid by a minitreatment facility shall equal 50 percent of the base facility rate.
(5)  The fee to be paid by a small treatment facility shall equal twice the base facility rate.
(6)  The fee to be paid by a large treatment facility shall equal three times the base facility rate.
(7)  The fee to be paid by a disposal facility until closure is approved shall equal 10 times the base facility rate.
(8)  The fee to be paid by a facility with a postclosure permit shall be seven thousand five hundred dollars ($7,500) annually for a small facility, fifteen thousand dollars ($15,000) annually for a medium facility, and twenty-two thousand five hundred dollars ($22,500) for a large facility during the first five years of the postclosure period. The fee to be paid by a facility with a postclosure permit during the remaining years of the postclosure care period shall be four thousand dollars ($4,000) annually for a small facility, eight thousand dollars ($8,000) annually for a medium facility, and thirteen thousand five hundred dollars ($13,500) annually for a large facility.
(d)  If a facility falls into more than one category listed in either subdivision (c) or (e), or any combination thereof, or multiple operations under a single hazardous waste facilities permit or grant of interim status fall into more than one category listed in either subdivision (c) or (e), or any combination thereof, the facility operator shall pay only the rate for the facility category which is the highest rate.
(e)  Notwithstanding subdivision (c), the facility fee for a facility operating under a standardized permit shall be as follows:
(1)  The fee to be paid for a facility operating pursuant to a series A standardized permit shall be fifteen thousand three hundred seventy-three dollars ($15,373).
(2)  The fee to be paid for a facility operating pursuant to a series B standardized permit shall be seven thousand two hundred five dollars ($7,205).
(3)  Except as specified in paragraph (4), the fee to be paid for a facility operating pursuant to a series C standardized permit shall be six thousand fifty-one dollars ($6,051).
(4)  The fee for a facility operating pursuant to a series C standardized permit is three thousand twenty-five dollars ($3,025) if the facility meets all of the following conditions:
(A)  The facility treats not more than 1,500 gallons of liquid hazardous waste and not more than 3,000 pounds of solid hazardous waste in any calendar month.
(B)  The total facility storage capacity does not exceed 15,000 gallons of liquid hazardous waste and 30,000 pounds of solid hazardous waste.
(C)  If the facility both treats and stores hazardous waste, the facility does not exceed the volume limitations specified in subparagraphs (A) and (B) for each individual activity.
(f)  The fee imposed pursuant to this section shall be paid in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code.

SEC. 4.

 Section 25205.7 of the Health and Safety Code, as amended by Chapter 65 of the Statutes of 1994, is amended to read:

25205.7.
 (a)  The board shall assess a fee for any application for a new hazardous waste facilities permit, a permit for a hazardous waste facility which would manage extremely hazardous waste, a variance, or a permit modification issued by the department pursuant to this chapter or the regulations adopted pursuant to this chapter. The fee shall be nonrefundable, even if the application is withdrawn or the permit, variance, or modification is denied. The department shall provide the board with any information which 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. A person who submits a single application for a facility that falls within more than one fee category shall pay only the higher fee.
(b)  (1)  The amounts stated in this section shall be base rates for the 1989–90 fiscal year for all facilities, other than those operating pursuant to a standardized permit, as specified in Section 25201.6. For all facilities operating pursuant to a standardized permit, the amounts stated in this section shall be the base rates for the 1993–94 fiscal year. Thereafter the fees shall be adjusted annually to reflect increases or decreases in the cost of living, as measured by the Consumer Price Index for the United States, as reported by the Department of Labor or a successor agency of the United States government.
(2)  The board shall pay a refund of the portion of the fee that was paid for the 1993–94 fiscal year, in excess of the amounts specified in this section, to an owner or operator of a facility operating pursuant to a standardized permit pursuant to Section 25201.6 who paid fees in excess of the amounts specified in this section for that fiscal year.
(3)  The fee shall be assessed upon application to the department. For a facility operating pursuant to interim status, the submittal of the application shall be the submittal of the Part B application in accordance with regulations adopted by the department. 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.
(c)  A person submitting a hazardous waste facilities permit application for a land disposal facility shall pay eighty-three thousand dollars ($83,000) for a small facility, one hundred seventy-seven thousand dollars ($177,000) for a medium facility, and three hundred four thousand dollars ($304,000) for a large facility.
(d)  A person submitting a hazardous waste facilities permit application for any incinerator shall pay fifty thousand dollars ($50,000) for a small facility, one hundred six thousand dollars ($106,000) for a medium facility, and one hundred eighty-two thousand dollars ($182,000) for a large facility.
(e)  (1)  Except as provided in paragraphs (2) and (3), a person submitting a hazardous waste facility permit application for a storage facility, a treatment facility, or a storage and treatment facility shall pay seventeen thousand dollars ($17,000) for a small facility, thirty-one thousand dollars ($31,000) for a medium facility, and sixty thousand dollars ($60,000) for a large facility.
(2)  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 thousand fifty-one dollars ($30,051) for a series A standardized permit, eighteen thousand seven hundred sixty-two dollars ($18,762) for a series B standardized permit, and five thousand dollars ($5,000) for a series C standardized permit. The board shall assess these fees based upon the classifications specified in subdivision (a) of Section 25201.6.
(3)  In addition to the fees specified in paragraph (2), the board shall assess a fee equal to 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, and in reviewing and overseeing any corrective action work undertaken at the facility pursuant to that corrective action program.
(f)  A person submitting a hazardous waste facilities permit application for a transportable treatment unit shall pay thirteen thousand dollars ($13,000) for a small unit, thirty thousand dollars ($30,000) for a medium unit, and sixty thousand dollars ($60,000) for a large unit.
(g)  (1)  (A)  A person submitting a request for a variance shall pay three thousand dollars ($3,000) for a variance from any hazardous waste storage requirements imposed by this chapter, three hundred dollars ($300) for a variance issued pursuant to Section 25179.8, three hundred dollars ($300) for a variance to allow the use of a test method or analytical method which is an alternative to the methods prescribed by regulation for use in classifying a waste, eight hundred dollars ($800) for a variance from the requirements for hazardous waste haulers imposed by this chapter.
(B)  A person submitting a request for a variance not listed in subparagraph (A) shall pay eight thousand dollars ($8,000), unless the applicant is a small business and the department determines in its discretion that payment of this fee would cause financial or other unreasonable hardship to the applicant. If that finding is made, the department may assess the applicant up to 50 percent of the standard fee. For the purposes of this subparagraph, “small business” means a business which is independently owned and operated, has 25 employees or less, and has a gross annual income which does not exceed two million dollars ($2,000,000).
(C)  If the variance application requests a variance from more than one specific statute or regulation, a separate fee may be assessed for each statute or regulation from which the variance is requested.
(2)  If the variance contains no significant changes from a variance previously issued to the same owner or operator, the fee shall be 25 percent of the amount otherwise provided for by this section. A change is a significant change if, had it been made to a permit, it would have been a class 2 or class 3 modification, as specified in subdivision (h).
(3)  Any variance granted pursuant to Article 3 (commencing with Section 66260.21) of Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations is not subject to a fee under this section.
(h)  (1)  A person who applies for one or more class 1 permit modifications shall pay a fee of five hundred dollars ($500) for each unit directly impacted by the modification, up to a maximum of one thousand five hundred dollars ($1,500) for each application.
(2)  A person who applies for one or more class 2 permit modifications 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.
(3)  A person who applies for one or more class 3 permit modifications 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 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 modification.
(4)  No facility which is exempted from fees imposed by this article pursuant to subdivision (e) of Section 25205.3, nor any operator who is subject to paragraph (2) or (3) of subdivision (d) of Section 25205.2, shall be subject to any fee pursuant to this section for a permit modification resulting from a revision of the facility’s or operator’s closure plan.
(i)  (1)  Permits for postclosure shall be required for hazardous waste facilities if hazardous wastes remain after closure which will not be subject to the requirements of any other hazardous waste facilities permit issued by the department at the time of postclosure permit approval.
(2)  A person submitting a hazardous waste facilities permit application for a postclosure permit shall pay a fee of eight thousand dollars ($8,000) for a small facility, eighteen thousand dollars ($18,000) for a medium facility, and thirty thousand dollars ($30,000) for a large facility.
(3)  For purposes of this subdivision and paragraph (8) of subdivision (c) of Section 25205.4, and notwithstanding subdivision (j), 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.
(j)  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.
(k)  The fees assessed pursuant to this section 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. 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.
( l)  The fees assessed pursuant to this section 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.
(m)  Except as provided in paragraph (3) of subdivision (e), the department shall not access any fees for the department’s costs in reviewing and overseeing a corrective action taken in conjunction with a hazardous waste facility permit application.
(n)  The fees assessed pursuant to subdivision (h) do not apply to any government agency for hazardous wastes which result when the government agency, or its contractor, investigates, removes, or remedies a release of hazardous waste caused by another person.
(o)  Any person producing or transporting extremely hazardous waste shall pay a fee to the department of two hundred dollars ($200) per calendar year, in addition to any other fee imposed by this section. The fee shall be collected by the department annually.

SEC. 5.

 Section 25205.12 of the Health and Safety Code is amended to read:

25205.12.
 (a)  The owner of a hazardous waste facility authorized by the department to operate pursuant to a permit-by-rule, authorized under a grant of conditional authorization pursuant to Section 25200.3, exempted pursuant to subdivision (a) or (c) of Section 25201.5, or exempted pursuant to Section 25144.6 is exempt from the facility fee specified in Section 25205.2 for any activities authorized by the permit-by-rule, under a grant of conditional authorization pursuant to Section 25200.3, exempted pursuant to subdivision (a) or (c) of Section 25201.5, or exempted pursuant to Section 25144.6 at that facility for any year or reporting period during which the facility is operating.
(b)  The retroactive portion of the facility fee exemption provided by subdivision (a) does not apply to any facility which was authorized by the department to operate on or before June 1, 1991, for any fees paid or billed prior to September 1, 1992.
(c)  The operator of a hazardous waste facility authorized by the department to clean and recycle excavated underground storage tanks is exempt from the facility fee specified in Section 25205.2 with regard to these activities conducted before January 1, 1994, and these activities conducted after that date, until the effective date of a regulation adopted by the department governing the statewide requirements for the issuance of a permit for tank cleaning and recycling facilities.
(d)  The operator of a hazardous waste facility operating pursuant to a standardized permit or a grant of interim status, as specified in Section 25201.6, is exempt from the facility fee specified in Sections 25205.2 and 25205.4 for any year or reporting period prior to January 1, 1993, during which the facility operated, if the hazardous waste treatment or storage activity was conducted prior to January 1, 1993, and the owner or operator is in compliance with the notification and application requirements of Section 25201.6, as amended in the 1993–94 Regular Session of the Legislature, or as amended thereafter, and either of the following circumstances apply:
(1)  The owner or operator was not authorized by the department before July 1, 1993, to conduct the eligible treatment or storage activity.
(2)  The owner or operator did not pay a hazardous waste facility fee, as specified in Section 25205.2, for that year or reporting period prior to July 1, 1993, for the facility that is the subject of the standardized permit.

SEC. 6.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII  B of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.