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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 9.1. Facilities and Generator Fees

Section 25205.5.3


25205.5.3. Evaluation of Exemption Claims. (a) (1) The department shall adopt regulations to establish a process for evaluating exemptions from the fee imposed pursuant to 25205.5 claimed by a generator. The department shall adopt these regulations in consultation with the California Department of Tax and Fee Administration and after conducting one or more public workshops for which the department provides public notice and provides an opportunity for all interested parties to comment.

(2) The regulations adopted pursuant to this section shall establish both of the following:

(A) The criteria and process for evaluating exemption claims.

(B) The information a claimant is required to submit to the department.

(b) A regulation adopted pursuant to this section may be adopted as an emergency regulation pursuant to Section 25205.5.4.