| California Hazardous
Substance Tax Law
The Board administers six hazardous waste fee programs in cooperation
with the Department of Toxic Substances
Control, pursuant to the requirements of the California Hazardous Substances Tax Law. The fee programs are:
Environmental Fee
The Environmental Fee is a fee on businesses in industry groups that
use, generate or store hazardous materials or that conduct activities
related to those materials. In the past, the annual fee only applied to certain corporations. Beginning January 1, 2007, Assembly Bill 1803 (Stats. 2006, ch. 77) expanded the fee to include: general partnerships, limited partnerships, limited liability partnerships, limited liability companies and sole proprietorships, in addition to corporations (including nonprofit corporations, "S" corporations and out-of-state corporations) operating in California. In general, the fee applies to businesses that have 50 or more employees who are employed more than 500 hours in California during
a calendar year. The fee is graduated based on the number of employees; for more information, see Publication 90.
Facility Fee
The Facility Fee applies to an owner or operator of a site that is permitted
by the Department of Toxic Substances Control to dispose, treat or store
hazardous waste. The fee varies according to the permitted level.
Generator Fee
The Generator Fee applies to every person who generates five or more tons
of hazardous waste in California within a calendar year for a specific
site. This includes recycled waste and waste sent outside California
for disposal. The fee is determined by the total tonnage of waste generated.
If the Facility Fee is being paid for a site, the Generator Fee does
not apply.
Hazardous Waste Generator Fee Surplus Funds Unavailable
Disposal Fee
The Disposal Fee applies to any waste disposed of by depositing the waste
on or into land in California. The Disposal Fee is paid directly to the
Disposal Facility where the waste is submitted for disposal. The fee
is determined by the total tonnage of waste disposed of and returns are
only required to be filed by the Disposal Facilities.
Activity Fee
Activity Fees are based upon specific activities performed by the Department
of Toxic Substances Control (DTSC). The fees are assessed upon notice
to the Board from DTSC that a fee is due and are the result of an action
requested by the feepayer, such as a new permit, permit modification,
variance or site mitigation assessment fee.
Transportable Treatment Unit Fee
The Transportable Treatment Unit Fee applies to owners or operators of sites that treat hazardous waste but,
due to the volume of waste treated or waste stored, do not warrant a full facility permit. The fee is assessed
as a flat rate fee per unit and by permit modification, pursuant to information provided by the DTSC.
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