Amended in Assembly April 5, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2794

Introduced by Assembly Member Santiago

February 19, 2016

An act to amend begin delete Sections 25150.84, 25189.3, 25205.7, 25205.18, 25205.19, and 25247 end delete begin insert Section 25205.7 end insert of the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 2794, as amended, Santiago. Hazardous waste: facilities permitting: fees.

Existing law provides a person who applies for, or requests, specified hazardous waste permits, variances, or waste classification determinations with the option of paying a begin insert specified end insert flat fee begin insert amount end insert or entering into a reimbursement agreement to reimburse the Department of Toxic Substances Control for costs incurred in processing the application or response to the request. begin insert Those fee amounts are deposited in the Hazardous Waste Control Account and are available to the department upon appropriation by the Legislature. end insert

This bill would begin delete eliminate the end delete begin insert increase those specified end insert flat fee begin delete option and would make conforming changes. end delete begin insert amounts. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 25205.7 of the end insert begin insert Health and Safety Code end insert

begin insert is amended to read: end insert

25205.7.  

(a)  (1)  Except as otherwise provided in this section,
any person who applies for, or requests, begin delete one end delete begin insert any end insert 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 begin delete four
thousand one hundred eighty-seven dollars ($104,187) end delete begin insert fifty-three
thousand nine hundred fifteen dollars ($ end insert begin insert 153,915) end insert for a small
facility, begin delete two hundred twenty-two thousand one hundred
eighty-three dollars ($222,183) end delete begin insert three hundred twenty- end insert begin insert eight
thousand end insert begin insert two hundred end insert begin insert thirty-one dollars ($ end insert begin insert 328,231) end insert for a medium
facility, and begin delete three hundred eighty-one thousand six hundred two
dollars ($381,602) end delete begin insert end insert begin insert five hundred end insert begin insert sixty-three thousand end insert begin insert seven hundred
forty-one dollars ($ end insert begin insert 563,741) end insert for a large facility.

(B)  A person submitting a hazardous waste facilities permit
application for any incinerator shall pay begin delete sixty-two thousand seven
hundred sixty-two dollars ($62,762) end delete begin insert ninety-two thousand seven
hundred end insert begin insert eighteen dollars ($ end insert begin insert 92,718) end insert for a small facility, one
hundred begin delete thirty-three thousand sixty dollars ($133,060) end delete begin insert ninety-six
thousand end insert begin insert five hundred seventy dollars ($ end insert begin insert 196,570) end insert for a medium
facility, and begin delete two hundred twenty-eight thousand four hundred
fifty-eight dollars ($228,458) end delete begin insert three hundred end insert begin insert thirty-seven thousand end insert
begin insert five hundred end insert begin insert one dollars ($ end insert begin insert 337,501) end insert 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 begin delete twenty-one thousand three hundred forty dollars
($21,340) end delete begin insert thirty-one thousand five hundred twenty- end insert begin insert six dollars
($ end insert begin insert 31,526) end insert for a small facility, begin delete thirty-eight thousand nine hundred
thirteen dollars ($38,913) end delete begin insert fifty-seven thousand end insert begin insert four hundred end insert
begin insert eighty-six dollars ($ end insert begin insert 57,486) end insert for a medium facility, and begin delete seventy-five
thousand three hundred seventeen dollars ($75,317) end delete begin insert one hundred
eleven thousand end insert begin insert two hundred end insert begin insert sixty-six dollars ($ end insert begin insert 111,266) end insert 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
begin delete thirty-two thousand fifty-two dollars ($32,052) end delete begin insert forty-seven
thousand three hundred fifty dollars ($47,350) end insert for a Series A
standardized permit, begin delete twenty thousand eleven dollars ($20,011) end delete
begin insert twenty-nine thousand end insert begin insert five hundred sixty-two dollars ($ end insert begin insert 29,562) end insert for
a Series B standardized permit, and begin delete five thousand three hundred
thirty-two dollars ($5,332) end delete begin insert seven thousand end insert begin insert eight hundred end insert
begin insert seventy-seven dollars ($ end insert begin insert 7,877) end insert 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 begin delete sixteen
thousand three hundred twenty dollars ($16,320) end delete begin insert twenty-four
thousand end insert begin insert one hundred end insert begin insert ten dollars ($ end insert begin insert 24,110) end insert for a small unit,
begin delete thirty-seven thousand six hundred fifty-seven dollars ($37,657) end delete
begin insert fifty-five thousand six hundred end insert begin insert thirty-one dollars ($ end insert begin insert 55,631) end insert for a
medium unit, and begin delete seventy-five thousand three hundred seventeen
dollars ($75,317) end delete begin insert one hundred eleven thousand two hundred end insert
begin insert sixty-six dollars ($ end insert begin insert 111,266) end insert 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 begin delete ten thousand
forty dollars ($10,040) end delete begin insert fourteen thousand end insert begin insert eight hundred thirty-two
dollars ($ end insert begin insert 14,832) end insert for a small facility, begin delete twenty-two thousand five
hundred ninety-six dollars ($22,596) end delete begin insert thirty-three thousand end insert begin insert three
hundred end insert begin insert eighty-one dollars ($ end insert begin insert 33,381) end insert for a medium facility, and
begin delete thirty-seven thousand six hundred fifty-seven dollars ($37,657) end delete
begin insert fifty-five thousand six hundred end insert begin insert thirty-one dollars ($ end insert begin insert 55,631) end insert 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 begin delete 1997 end delete begin insert 2016 end insert 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.

begin delete

SECTION 1.  

Section 25150.84 of the Health and Safety Code
is amended to read:

25150.84.  

(a) The department is authorized to collect an annual
fee from all metal shredding facilities that are subject to the
requirements of this chapter or to the alternative management
standards adopted pursuant to Section 25150.82. The department
shall establish and adopt regulations necessary to administer this
fee and to establish a fee schedule that is set at a rate sufficient to
reimburse the department’s costs to implement this chapter as
applicable to metal shredder facilities. The fee schedule established
by the department may be updated periodically as necessary and
shall provide for the assessment of no more than the reasonable
and necessary costs of the department to implement this chapter,
as applicable to metal shredder facilities.

(b) The Controller shall establish a separate subaccount in the
Hazardous Waste Control Account. The fees collected pursuant
to this section shall be deposited into the subaccount and be
available for expenditure by the department upon appropriation
by the Legislature.

(c) A regulation adopted pursuant to this section may be adopted
as an emergency regulation 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, 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, an
emergency regulation adopted by the department pursuant to this
section shall be filed with, but not be repealed by, the Office of
Administrative Law and shall remain in effect for a period of two
years or until revised by the department, whichever occurs sooner.

(d) (1) A metal shredding facility paying an annual fee in
accordance with this section shall be exempt from the following
fees as the fees pertain to metal shredding activities and the
generation, handling, management, transportation, and disposal
of metal shredder waste:

(A) A fee imposed pursuant to subdivision (a) of Section
25205.7.

(B) A disposal fee imposed pursuant to Section 25174.1.

(C) A facility fee imposed pursuant to Section 25205.2.

(D) A generator fee imposed pursuant to Section 25205.5.

(E) A transportable treatment unit fee imposed pursuant to
Section 25205.14.

(2) A metal shredding facility is not exempt from the fees listed
in paragraph (1) for any other hazardous waste the metal shredding
facility generates and handles.

SEC. 2.  

Section 25189.3 of the Health and Safety Code is
amended to read:

25189.3.  

(a)  For purposes of this section, the term “permit”
means a hazardous waste facilities permit, interim status
authorization, or standardized permit.

(b)  The department shall suspend the permit of any facility for
nonpayment of any facility fee assessed pursuant to Section
25205.2 or activity fee assessed pursuant to Section 25205.7, if
the operator of the facility is subject to the fee, and if the State
Board of Equalization has certified in writing to all of the
following:

(1)  The facility’s operator is delinquent in the payment of the
fee for one or more reporting periods.

(2)  The State Board of Equalization has notified the facility’s
operator of the delinquency.

(3)  The operator has exhausted the administrative rights of
appeal provided by Chapter 3 (commencing with Section 43151)
of Part 22 of Division 2 of the Revenue and Taxation Code, and
the State Board of Equalization has determined that the operator
is liable for the fee, or that the operator has failed to assert those
rights.

(c)  (1)  The department shall suspend the permit of any facility
for nonpayment of a penalty assessed upon the owner or operator
for failure to comply with this chapter or the regulations adopted
pursuant to this chapter, if the penalty has been imposed by a trial
court judge or by an administrative hearing officer, if the person
has agreed to pay the penalty pursuant to a written agreement
resolving a lawsuit or an administrative order, or if the penalty has
become final due to the person’s failure to respond to the lawsuit
or order.

(2)  The department may suspend a permit pursuant to this
subdivision only if the owner or operator is delinquent in the
payment of the penalty and the department has notified the owner
or operator of the delinquency pursuant to subdivision (d).

(d)  Before suspending a permit pursuant to this section, the
department shall notify the owner or operator of its intent to do
so, and shall allow the owner or operator a minimum of 30 days
in which to cure the delinquency.

(e)  The department may deny a new permit or refuse to renew
a permit on the same grounds for which the department is required
to suspend a permit under this section, subject to the same
requirements and conditions.

(f)  (1)  The department shall reinstate a permit that is suspended
pursuant to this section upon payment of the amount due if the
permit has not otherwise been revoked or suspended pursuant to
any other provision of this chapter or regulation. Until the
department reinstates a permit suspended pursuant to this section,
if the facility stores, treats, disposes of, or recycles hazardous
wastes, the facility shall be in violation of this chapter. If the
operator of the facility subsequently pays the amount due, the
period of time for which the operator shall have been in violation
of this chapter shall be from the date of the activity that is in
violation until the day after the owner or operator submits the
payment to the department.

(2)  Except as otherwise provided in this section, the department
is not required to take any other statutory or regulatory procedures
governing the suspension of the permit before suspending a permit
in compliance with the procedures of this section.

(g)  (1)  A suspension under this section shall be stayed while
an authorized appeal of the fee or penalty is pending before a court
or an administrative agency.

(2)  For purposes of this subdivision, “an authorized appeal”
means any appeal allowed pursuant to an applicable regulation or
statute.

(h)  The department may suspend a permit under this section
based on a failure to pay the required fee or penalty that
commenced prior to January 1, 2002, if the failure to pay has been
ongoing for at least 30 days following that date.

(i)  Notwithstanding Section 43651 of the Revenue and Taxation
Code, the suspension of a permit pursuant to this section, the reason
for the suspension, and any documentation supporting the
suspension, shall be a matter of public record.

(j)  (1)  This section does not authorize the department to
suspend a permit held by a government agency if the agency does
not dispute the payment but nonetheless is unable to process the
payment in a timely manner.

(2)  This section does not apply to a site owned or operated by
a federal agency if the department has entered into an agreement
with that federal agency regarding the remediation of that site.

(k)  This section does not limit or supersede Section 25186.

SEC. 3.  

Section 25205.7 of the Health and Safety Code is
amended to read:

25205.7.  

(a) (1)  Except as otherwise provided in this section,
any person who applies for, or requests, any 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) 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.

(e) Subdivision (a) does 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.

(f) (1)  Except as provided in paragraphs (3) and (4), subdivision
(a) does 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.

(g) Subdivision (a) does 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.

(h)  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.

(i) 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.

SEC. 4.  

Section 25205.18 of the Health and Safety Code is
amended to read:

25205.18.  

(a)  If a facility has a permit or an interim status
document that 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 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)  Subdivision (a) of Section 25205.7 does 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.

(e)  This section shall have no bearing on the imposition of the
annual postclosure facility fee.

SEC. 5.  

Section 25205.19 of the Health and Safety Code is
amended to read:

25205.19.  

(a)  If a facility has a permit or an interim status
document that sets forth the facility’s type, pursuant to Section
25205.1, as either treatment, storage, or disposal, the facility’s
type for purposes of the annual facility fee shall be rebuttably
presumed to be what is set forth in that permit or document.

(b)  If the facility’s type changes as a result of a permit or interim
status modification, any change in the annual facility fee shall be
effective the reporting period following the one in which the
modification becomes effective.

(c)  (1)  If the facility’s permit or interim status document does
not set forth its type, the department may require the facility to
submit an application to modify the permit or interim status
document to provide for a facility type.

(2)  Subdivision (a) of Section 25205.7 does not apply to an
application for modification pursuant to this subdivision.

(d)  A permit or interim status document may set forth more
than one facility type or size. In accordance with subdivision (d)
of Section 25205.4, the facility shall be subject only to the highest
applicable fee.

SEC. 6.  

Section 25247 of the Health and Safety Code is
amended to read:

25247.  

(a) The department shall review each plan submitted
pursuant to Section 25246 and shall approve the plan if it finds
that the plan complies with the regulations adopted by the
department and complies with all other applicable state and federal
regulations.

(b) The department shall not approve the plan until at least one
of the following occurs:

(1) The plan has been approved pursuant to Section 13227 of
the Water Code.

(2) Sixty days expire after the owner or operator of an interim
status facility submits the plan to the department. If the department
denies approval of a plan for an interim status facility, this 60-day
period shall not begin until the owner or operator resubmits the
plan to the department.

(3) The director finds that immediate approval of the plan is
necessary to protect public health, safety, or the environment.

(c) Any action taken by the department pursuant to this section
is subject to Section 25204.5.

(d) (1) To the extent consistent with the federal act, the
department shall impose the requirements of a hazardous waste
facility postclosure plan on the owner or operator of a facility
through the issuance of an enforcement order, entering into an
enforceable agreement, or issuing a postclosure permit.

(A) A hazardous waste facility postclosure plan imposed or
modified pursuant to an enforcement order, a permit, or an
enforceable agreement shall be approved in compliance with the
California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code).

(B) Before the department initially approves or significantly
modifies a hazardous waste facility postclosure plan pursuant to
this subdivision, the department shall provide a meaningful
opportunity for public involvement, which, at a minimum, shall
include public notice and an opportunity for public comment on
the proposed action.

(C) For the purposes of subparagraph (B), a “significant
modification” is a modification that the department determines
would constitute a class 3 permit modification if the change were
being proposed to a hazardous waste facilities permit. In
determining whether the proposed modification would constitute
a class 3 modification, the department shall consider the similarity
of the modification to class 3 modifications codified in Appendix
I of Chapter 20 (commencing with Section 66270.1) of Division
4.5 of Title 22 of the California Code of Regulations. In
determining whether the proposed modification would constitute
a class 3 modification, the department shall also consider whether
there is significant public concern about the proposed modification,
and whether the proposed change is so substantial or complex in
nature that the modification requires the more extensive procedures
of a class 3 permit modification.

(2) This subdivision does not limit or delay the authority of the
department to order any action necessary at a facility to protect
public health or safety.

(3) If the department imposes a hazardous waste facility
postclosure plan in the form of an enforcement order or enforceable
agreement, in lieu of issuing or renewing a postclosure permit, the
owner or operator who submits the plan for approval shall, at the
time the plan is submitted, enter into a cost reimbursement
agreement pursuant to subdivision (a) of Section 25205.7 and upon
commencement of the postclosure period shall pay the fee required
by paragraph (9) of subdivision (c) of Section 25205.4. For
purposes of this paragraph and paragraph (9) of subdivision (c) of
Section 25205.4, the commencement of the postclosure period
shall be the effective date of the postclosure permit, enforcement
order, or enforceable agreement.

(4) In addition to any other remedy available under state law to
enforce a postclosure plan imposed in the form of an enforcement
order or enforcement agreement, the department may take any of
the following actions:

(A) File an action to enjoin a threatened or continuing violation
of a requirement of the enforcement order or agreement.

(B) Require compliance with requirements for corrective action
or other emergency response measures that the department deems
necessary to protect human health and the environment.

(C) Assess or file an action to recover civil penalties and fines
for a violation of a requirement of an enforcement order or
agreement.

(e) Subdivision (d) does not apply to a postclosure plan for
which a final or draft permit has been issued by the department on
or before December 31, 2003, unless the department and the facility
mutually agree to replace the permit with an enforcement order or
enforceable agreement pursuant to the provisions of subdivision
(d).

(f) (1) Except as provided in paragraphs (2) and (3), the
department may only impose postclosure plan requirements through
an enforcement order or an enforceable agreement pursuant to
subdivision (d) until January 1, 2009.

(2) This subdivision does not apply to an enforcement order or
enforceable agreement issued prior to January 1, 2009, or an order
or agreement for which a public notice is issued on or before
January 1, 2009.

(3) This subdivision does not apply to the modification on or
after January 1, 2009, of an enforcement order or enforceable
agreement that meets the conditions in paragraph (2).

(g) If the department determines that a postclosure permit is
necessary to enforce a postclosure plan, the department may, at
any time, rescind and replace an enforcement order or an
enforceable agreement issued pursuant to this section by issuing
a postclosure permit for the hazardous waste facility, in accordance
with the procedures specified in the department’s regulations for
the issuance of postclosure permits.

(h) Nothing in this section may be construed to limit or delay
the authority of the department to order any action necessary at a
facility to protect public health or safety, or the environment.

end delete