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Business Taxes Law Guide—Revision 2024
Hazardous Waste Fee
Health and Safety Code
Division 20. Miscellaneous Health and Safety Provisions
Chapter 6.5. Hazardous Waste Control
Article 9. Permitting of Facilities
Section 25204.7
Text of Section Operative July 1, 1998 Through July 11, 2021
25204.7. Generators exemption from fees and notification requirements. (a) Notwithstanding any other provision of law, a generator conducting a treatment activity that is eligible for operation under a permit-by-rule pursuant to the department's regulations, a grant of conditional authorization, or a grant of conditional exemption pursuant to this chapter, and who meets the criteria in subdivision (b), is exempt from all of the following requirements:
(1) The requirement for a generator to submit a notification to the department under Sections 25144.6, 25200.3, and 25201.5 and the regulations adopted by the department pertaining to a permit-by-rule.
(2) The requirement to pay a fee pursuant to Section 25201.14 or 25205.14.
(b) To be eligible for an exemption pursuant to this section, the generator shall meet all of the following requirements:
(1) The generator is located within the jurisdiction of a certified unified program agency that includes the publicly owned treatment works that regulates the generator's activity or unit that is eligible for operation under a permit-by-rule or a grant of conditional authorization or conditional exemption, and which has implemented a unified program pursuant to Chapter 6.11 (commencing with Section 25404) that includes the following elements:
(A) The pretreatment program of the publicly owned treatment works that regulates the generator.
(B) An inspection program that meets the requirements of Section 25201.4 and that inspects the generator for compliance with the requirements of this section.
(2) The generator meets all other requirements of this chapter and the department's regulations pertaining to permit-by-rule, conditional authorization, or conditional exemption, whichever is applicable.
(3) The generator's activity or unit that is eligible for operation under a permit-by-rule or a grant of conditional authorization or conditional exemption is within the scope of the hazardous waste element of the unified program, as specified in paragraph (1) of subdivision (c) of Section 25404.
Text of Section Operative July 1, 1998 Through July 11, 2021
25204.7. Generators exemption from fees and notification requirements. (a) Notwithstanding any other law, a generator conducting a treatment activity that is eligible for operation under a permit-by-rule pursuant to the department’s regulations, a grant of conditional authorization, or a grant of conditional exemption pursuant to this chapter, and who meets the criteria in subdivision (b), is exempt from all of the following requirements:
(1) The requirement for a generator to submit a notification to the department under Sections 25144.6, 25200.3, and 25201.5 and the regulations adopted by the department pertaining to a permit-by-rule.
(2) The requirement to pay a fee pursuant to Section 25201.14 or 25205.14 until July 1, 2022, and Section 25205.2 on and after July 1, 2022.
(b) To be eligible for an exemption pursuant to this section, the generator shall meet all of the following requirements:
(1) The generator is located within the jurisdiction of a certified unified program agency that includes the publicly owned treatment works that regulates the generator’s activity or unit that is eligible for operation under a permit-by-rule or a grant of conditional authorization or conditional exemption, and that has implemented a unified program pursuant to Chapter 6.11 (commencing with Section 25404) that includes the following elements:
(A) The pretreatment program of the publicly owned treatment works that regulates the generator.
(B) An inspection program that meets the requirements of Section 25201.4 and that inspects the generator for compliance with the requirements of this section.
(2) The generator meets all other requirements of this chapter and the department’s regulations pertaining to permit-by-rule, conditional authorization, or conditional exemption, whichever is applicable.
(3) The generator’s activity or unit that is eligible for operation under a permit-by-rule or a grant of conditional authorization or conditional exemption is within the scope of the hazardous waste element of the unified program, as specified in paragraph (1) of subdivision (c) of Section 25404.