Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2018

Hazardous Waste Fee Health and Safety Code


Article 7. Treatment, Recycling, and Disposal Technology

Section 25175

25175. List of hazardous wastes feasibly recyclable. (a) The department shall prepare and adopt, and may revise when appropriate, a list of specified hazardous wastes which the department finds are economically and technologically feasible to recycle, taking into consideration the quantities of, concentrations of, and potential contaminants in, these hazardous wastes, the number and location of recycling facilities, and the proximity of these facilities to hazardous waste producers. The department may list a hazardous waste as recyclable only if the department makes a determination that at least one commercial recycler in California is ready, willing, and able to accept the hazardous waste for recycling at the time when the hazardous waste is listed. Whenever any waste on the list is disposed of by a person, the department may request, and the producer or disposer of that waste shall supply the department with, a formal, complete, and detailed statement justifying why the waste was not recycled. If the request is made of any entity listed in Section 25118 other than an individual, the statement shall be issued by the responsible management of that entity. The department shall keep confidential any trade secrets contained in any such statement.

(b) If, after receipt of the statement described in subdivision (a), the department finds the recycling of a hazardous waste to be economically and technologically feasible at the site of production, as determined by the site operator, or, if the department provides the name of a ready, willing, and able purchaser of the recyclable waste, the disposer of the hazardous waste shall recycle the hazardous waste by either of the above described methods. Failure to comply with an order to recycle by either of these methods shall result in the assessment of fees for disposal pursuant to Section 25174.1. The director may establish fees for the disposal of hazardous wastes determined to be recyclable in amounts which may be up to two times the base fee paid under the annual fee schedule established by the director.