2010 California Code
Health and Safety Code
Article 7. Treatment, Recycling, And Disposal Technology

25170.  The department, in performing its duties under this chapter,
shall do all of the following:
   (a) Coordinate research and development regarding methods of
hazardous waste handling, storage, use, processing, and disposal and
may conduct appropriate studies relating to hazardous wastes.
   (b) Maintain a technical reference center on hazardous waste
management practices, including, but not limited to, hazardous waste
disposal, recycling practices, and related information for public and
private use.
   (c) Establish and maintain a toll-free Toxic Substances Hotline,
operating during the regular working hours of the department, to
provide information on hazardous waste or appropriate referrals on
other toxic substances to the regulated community and the public. The
department shall coordinate the Toxic Substances Hotline program
with other programs that provide information on hazardous wastes and
other toxic substances, including, but not limited to, the technical
reference center established pursuant to subdivision (b).
   (d) Provide statewide planning for hazardous waste facility site
identification and assessment and render technical assistance to
state and local agencies in the planning and operation of hazardous
waste programs.
   (e) Provide for appropriate surveillance of hazardous waste
processing, use, handling, storage, and disposal practices in the
state.
   (f) Coordinate research and study in the technical and managerial
aspects of management and use of hazardous wastes, and recycling and
recovery of resources from hazardous wastes.
   (g) Determine existing and expected rates of production of
hazardous waste.
   (h) Investigate market potential and feasibility of use of
hazardous wastes and recovery of resources from hazardous wastes.
   (i) Promote recycling and recovery of resources from hazardous
wastes.
   (j) Conduct studies for the purpose of improving departmental
operations.
   (k) Encourage the reduction or exchange, or both, of hazardous
waste, including, but not limited to, publishing and distributing
both of the following:
   (1) Lists of hazardous wastes for the purpose of enabling persons
to match the constituents of hazardous waste streams with needs for
hazardous materials resources.
   (2) Directories of known and permitted commercial hazardous waste
recyclers in the state.
   ( l) Establish and maintain an information clearinghouse, which
shall consist of a record of wastes which may be recyclable. Every
producer of hazardous waste shall supply the department with
information for the clearinghouse. Each producer shall not be
required to supply any more information than is required by the
manifests provided for in Section 25160. The department shall make
this information available to persons who desire to recycle the
wastes. The information shall be made available in such a way that
the trade secrets of the producer are protected.
   (m) Conduct pilot projects, as appropriate, to document the
technical performance of emerging technologies which offer potential
for ameliorating California's hazardous waste disposal problems.
   (n) Develop and implement an industry education program which
shall emphasize small business education and shall include, but not
be limited to, all of the following elements:
   (1) Preparation of a synopsis of laws and regulations relating to
hazardous waste, which the department shall publish by January 1 of
each year.
   (2) Publication of educational pamphlets for selected types of
business explaining selected areas of the law, regulations, or
programs concerning hazardous waste.
   (3) Audio-visual training programs, as needed.
   (4) An annual California Hazardous Waste Management Symposium.



25172.6.  The department shall enter into contracts or agreements
with educational, professional, or trade associations, using a
competitive bidding process, to establish specialized training
programs with a statewide focus to instruct businesses and other
entities on compliance with statutes and regulations governing the
handling, disposal, transportation, and storage of hazardous waste.



25173.  The department shall establish procedures to ensure that
trade secrets used by a person regarding methods of hazardous waste
handling and disposal are utilized by the director, the department,
or any authorized representative of the department only in connection
with the responsibilities of the department pursuant to this chapter
and that such trade secrets are not otherwise disseminated by the
director, the department, or any authorized representative of the
department without the consent of the person. However, any
information shall be made available to governmental agencies for use
in making studies and for use in judicial review or enforcement
proceedings involving the person furnishing the information.
   "Trade secrets," as used in this section, may include, but are not
limited to, any formula, plan, pattern, process, tool, mechanism,
compound, procedure, production data, or compilation of information
which is not patented, which is known only to certain individuals
within a commercial concern who are using it to fabricate, produce,
or compound an article of trade or a service having commercial value,
and which gives its user an opportunity to obtain a business
advantage over competitors who do not know or use it.



25173.5.  (a) Except as provided in subdivision (b), the legislative
body of a city or county may impose and enforce a tax, for general
purposes, or may impose a user fee on the operation of an offsite,
multiuser hazardous waste facility located within the jurisdiction of
the city or county. The tax or the user fee imposed shall not exceed
10 percent of the facility's annual gross receipts for the
treatment, storage, or disposal of hazardous waste at the facility.
   If a city or county imposes a tax pursuant to this section, the
city or county may use the revenues collected from the tax to fund
those activities reasonably necessary for the city or county to carry
out its duties related to the operation of the hazardous waste
facility upon which the tax is imposed and for support of the city's
or county's fire and emergency response capabilities and emergency
medical services, to the extent the city or county determines that
this funding should be given priority.
   (b) A city or county shall not impose a tax or a user fee adopted
pursuant to subdivision (a) upon any of the following:
   (1) An existing hazardous waste facility for which a tax is
authorized pursuant to Section 25149.5.
   (2) That portion of the gross receipts of the hazardous waste
facility that derives from the recycling of hazardous wastes or the
treatment of medical wastes or wastes which meets the definition of
medical wastes.
   (c) A state agency shall not include the expenditure of revenues
received by a city or county pursuant to this section in calculating
the level of financial support that a city or county is required to
maintain under any other provision of law, including, but not limited
to, Section 77204 of the Government Code and Section 16990 of the
Welfare and Institutions Code. However, this subdivision does not
apply to subdivision (c) of Section 2105 of the Streets and Highways
Code.


25173.6.  (a) There is in the General Fund the Toxic Substances
Control Account, which shall be administered by the director. In
addition to any other money that may be appropriated by the
Legislature to the Toxic Substances Control Account, all of the
following shall be deposited in the account:
   (1) The fees collected pursuant to Section 25205.6.
   (2) The fees collected pursuant to Section 25187.2, to the extent
that those fees are for oversight of a removal or remedial action
taken under Chapter 6.8 (commencing with Section 25300) or Chapter
6.85 (commencing with Section 25396).
   (3) Fines or penalties collected pursuant to this chapter, Chapter
6.8 (commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396), except as directed otherwise by Section 25192.
   (4) Interest earned upon money deposited in the Toxic Substances
Control Account.
   (5) All money recovered pursuant to Section 25360, except any
amount recovered on or before June 30, 2006, that was paid from the
Hazardous Substance Cleanup Fund.
   (6) All money recovered pursuant to Section 25380.
   (7) All penalties recovered pursuant to Section 25214.3, except as
provided by Section 25192.
   (8) All penalties recovered pursuant to Section 25214.22.1, except
as provided by Section 25192.
   (9) All penalties recovered pursuant to Section 25215.7, except as
provided by Section 25192.
   (10) Reimbursements for funds expended from the Toxic Substances
Control Account for services provided by the department, including,
but not limited to, reimbursements required pursuant to Sections
25201.9 and 25343.
   (11) Money received from the federal government pursuant to the
federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).
   (12) Money received from responsible parties for remedial action
or removal at a specific site, except as otherwise provided by law.
   (b) The funds deposited in the Toxic Substances Control Account
may be appropriated to the department for the following purposes:
   (1) The administration and implementation of the following:
   (A) Chapter 6.8 (commencing with Section 25300), except that funds
shall not be expended from the Toxic Substances Control Account for
purposes of Section 25354.5.
   (B) Chapter 6.85 (commencing with Section 25396).
   (C) Article 10 (commencing with Section 7710) of Chapter 1 of
Division 4 of the Public Utilities Code, to the extent the department
has been delegated responsibilities by the secretary for
implementing that article.
   (D) Activities of the department related to pollution prevention
and technology development, authorized pursuant to this chapter.
   (2) The administration of the following units, and successor
organizations of those units, within the department, and the
implementation of programs administered by those units or successor
organizations:
   (A) The Human and Ecological Risk Division.
   (B) The Environmental Chemistry Laboratory.
   (C) The Office of Pollution Prevention and Technology Development.
   (3) For allocation to the Office of Environmental Health Hazard
Assessment, pursuant to an interagency agreement, to assist the
department as needed in administering the programs described in
subparagraphs (A) and (B) of paragraph (1).
   (4) For allocation to the State Board of Equalization to pay
refunds of fees collected pursuant to Section 43054 of the Revenue
and Taxation Code.
   (5) For the state share mandated pursuant to paragraph (3) of
subsection (c) of Section 104 of the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (42 U.S.C. Sec. 9604(c)(3)).
   (6) For the purchase by the state, or by a local agency with the
prior approval of the director, of hazardous substance response
equipment and other preparations for response to a release of
hazardous substances. However, all equipment shall be purchased in a
cost-effective manner after consideration of the adequacy of existing
equipment owned by the state or the local agency, and the
availability of equipment owned by private contractors.
   (7) For payment of all costs of removal and remedial action
incurred by the state, or by a local agency with the approval of the
director, in response to a release or threatened release of a
hazardous substance, to the extent the costs are not reimbursed by
the federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).
   (8) For payment of all costs of actions taken pursuant to
subdivision (b) of Section 25358.3, to the extent that these costs
are not paid by the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec.
9601 et seq.).
   (9) For all costs incurred by the department in cooperation with
the Agency for Toxic Substances and Disease Registry established
pursuant to subsection (i) of Section 104 of the federal
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as amended (42 U.S.C. Sec. 9604(i)) and all costs of health
effects studies undertaken regarding specific sites or specific
substances at specific sites. Funds appropriated for this purpose
shall not exceed five hundred thousand dollars ($500,000) in a single
fiscal year. However, these actions shall not duplicate reasonably
available federal actions and studies.
   (10) For repayment of the principal of, and interest on, bonds
sold pursuant to Article 7.5 (commencing with Section 25385) of
Chapter 6.8.
   (11) For the reasonable and necessary administrative costs and
expenses of the Hazardous Substance Cleanup Arbitration Panel created
pursuant to Section 25356.2.
   (12) Direct site remediation costs.
   (13) For the department's expenses for staff to perform oversight
of investigations, characterizations, removals, remediations, or
long-term operation and maintenance.
   (14) For the administration and collection of the fees imposed
pursuant to Section 25205.6.
   (15) For allocation to the office of the Attorney General,
pursuant to an interagency agreement or similar mechanism, for the
support of the Toxic Substance Enforcement Program in the office of
the Attorney General, in carrying out the purposes of Chapter 6.8
(commencing with Section 25300) and Chapter 6.85 (commencing with
Section 25396).
   (16) For funding the California Environmental Contaminant
Biomonitoring Program established pursuant to Chapter 8 (commencing
with Section 105440) of Part 5 of Division 103.
   (17) As provided in Sections 25214.3 and 25215.7 and, with regard
to penalties recovered pursuant to Section 25214.22.1, to implement
and enforce Article 10.4 (commencing with Section 25214.11).
   (c) The funds deposited in the Toxic Substances Control Account
may be appropriated by the Legislature to the Office of Environmental
Health Hazard Assessment and the State Department of Public Health
for the purposes of carrying out their duties pursuant to the
California Environmental Contaminant Biomonitoring Program (Chapter 8
(commencing with Section 105440) of Part 5 of Division 103).
   (d) The director shall expend federal funds in the Toxic
Substances Control Account consistent with the requirements specified
in Section 114 of the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec.
9614), upon appropriation by the Legislature, for the purposes for
which they were provided to the state.
   (e) Money in the Toxic Substances Control Account shall not be
expended to conduct removal or remedial actions if a significant
portion of the hazardous substances to be removed or remedied
originated from a source outside the state.
   (f) The Director of Finance, upon request of the director, may
make a loan from the General Fund to the Toxic Substances Control
Account to meet cash needs. The loan shall be subject to the
repayment provisions of Section 16351 of the Government Code and the
interest provisions of Section 16314 of the Government Code.
   (g) The Toxic Substances Control Account established pursuant to
subdivision (a) is the successor fund of all of the following:
   (1) The Hazardous Substance Account established pursuant to
Section 25330, as that section read on June 30, 2006.
   (2) The Hazardous Substance Clearing Account established pursuant
to Section 25334, as that section read on June 30, 2006.
   (3) The Hazardous Substance Cleanup Fund established pursuant to
Section 25385.3, as that section read on June 30, 2006.
   (4) The Superfund Bond Trust Fund established pursuant to Section
25385.8, as that section read on June 30, 2006.
   (h) On and after July 1, 2006, all assets, liabilities, and
surplus of the accounts and funds listed in subdivision (g), shall be
transferred to, and become a part of, the Toxic Substances Control
Account, as provided by Section 16346 of the Government Code. All
existing appropriations from these accounts, to the extent
encumbered, shall continue to be available for the same purposes and
periods from the Toxic Substances Control Account.
   (i) Notwithstanding Section 10231.5 of the Government Code, the
department, on or before February 1 of each year, shall report to the
Governor and the Legislature on the prior fiscal year's expenditure
of funds within the Toxic Substances Control Account for the purposes
specified in subdivision (b).



25173.7.  (a) It is the intent of the Legislature that funds
deposited in the Toxic Substances Control Account shall be
appropriated in the annual Budget Act each year in the following
manner:
   (1) Not less than six million seven hundred fifty thousand dollars
($6,750,000) to the Site Remediation Account in the General Fund for
direct site remediation costs, as defined in Section 25337. The
amount specified in this paragraph shall be increased in any fiscal
year by the amount of increased revenues specified by the Legislature
in the Budget Act for that fiscal year pursuant to subdivision (g)
of Section 25205.6.
   (2) Not less than four hundred thousand dollars ($400,000) to the
Expedited Site Remediation Trust Fund in the State Treasury, created
pursuant to subdivision (a) of Section 25399.1, for purposes of
paying the orphan share of response costs pursuant to Chapter 6.85
(commencing with Section 25396).
   (3) An amount that does not exceed the costs incurred by the State
Board of Equalization, a private party, or other public agency, to
administer and collect the fees imposed pursuant to Article 9.1
(commencing with Section 25205.1) and deposited into the Toxic
Substances Control Account, for the purpose of reimbursing the State
Board of Equalization, public agency, or private party, for those
costs.
   (4) Commencing with the 1999-2000 fiscal year and annually
thereafter, not less than one million fifty thousand dollars
($1,050,000) for purposes of establishing and implementing a program
pursuant to Sections 25244.15.1, 25244.17.1, 25244.17.2, 25244.22,
and 25244.24 to encourage hazardous waste generators to implement
pollution prevention measures.
   (5) Funds not appropriated as specified in paragraphs (1) to (4),
inclusive, may be appropriated for any of the purposes specified in
subdivision (b) of Section 25173.6, except the purposes specified in
subparagraph (C) of paragraph (1) of, and paragraph (14) of,
subdivision (b) of Section 25173.6.
   (b) (1) The amounts specified in paragraphs (1) to (3), inclusive,
of subdivision (a) are the amounts that the Legislature intends to
appropriate for the 1998-99 fiscal year for the purposes specified in
those paragraphs, and the amount specified in paragraph (4) of
subdivision (a) is the amount the Legislature intends to appropriate
for the 1999-2000 fiscal year for the purposes specified in that
paragraph. Beginning with the 1999-2000 fiscal year, and for each
fiscal year thereafter, the amounts specified in paragraphs (1) to
(3), inclusive, of subdivision (a), and beginning with the 2000-01
fiscal year, and for each fiscal year thereafter, the amount
specified in paragraph (4) of subdivision (a) shall be adjusted
annually 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 by a successor
agency.
   (2) Notwithstanding paragraph (1), the department may, upon the
approval of the Legislature in a statute or the annual Budget Act,
take either of the following actions:
   (A) Reduce the amounts specified in paragraphs (1) to (4),
inclusive, of subdivision (a), if there are insufficient funds in the
Toxic Substances Control Account.
   (B) Suspend the transfer specified in paragraph (2) of subdivision
(a), if there are no orphan shares pending payment pursuant to
Chapter 6.85 (commencing with Section 25396).




25174.  (a) There is in the General Fund the Hazardous Waste Control
Account, which shall be administered by the director. In addition to
any other money that may be deposited in the Hazardous Waste Control
Account, pursuant to statute, all of the following amounts shall be
deposited in the account:
   (1) The fees collected pursuant to Sections 25174.1, 25205.2,
25205.5, 25205.15, and 25205.16.
   (2) The fees collected pursuant to Section 25187.2, to the extent
that those fees are for the oversight of corrective action taken
under this chapter.
   (3) Any interest earned upon the money deposited in the Hazardous
Waste Control Account.
   (4) Any money received from the federal government pursuant to the
federal act.
   (5) Any reimbursements for funds expended from the Hazardous Waste
Control Account for services provided by the department pursuant to
this chapter, including, but not limited to, the reimbursements
required pursuant to Sections 25201.9 and 25205.7.
   (b) The funds deposited in the Hazardous Waste Control Account may
be appropriated by the Legislature, for expenditure as follows:
   (1) To the department for the administration and implementation of
this chapter.
   (2) To the department for allocation to the State Board of
Equalization to pay refunds of fees collected pursuant to Sections
43051 and 43053 of the Revenue and Taxation Code and for the
administration and collection of the fees imposed pursuant to Article
9.1 (commencing with Section 25205.1) that are deposited into the
Hazardous Waste Control Account.
   (3) To the department for the costs of performance or review of
analyses of past, present, or potential environmental public health
effects related to toxic substances, including extremely hazardous
waste, as defined in Section 25115, and hazardous waste, as defined
in Section 25117.
   (4) (A) To the department for allocation to the office of the
Attorney General for the support of the Toxic Substance Enforcement
Program in the office of the Attorney General, in carrying out the
purposes of this chapter.
   (B) On or before October 1 of each year, the Attorney General
shall report to the Legislature on the expenditure of any funds
allocated to the office of the Attorney General for the preceding
fiscal year pursuant to this paragraph and paragraph (15) of
subdivision (b) of Section 25173.6. The report shall include all of
the following:
   (i) A description of cases resolved by the office of the Attorney
General through settlement or court order, including the monetary
benefit to the department and the state.
   (ii) A description of injunctions or other court orders benefiting
the people of the state.
   (iii) A description of any cases in which the Attorney General's
Toxic Substance Enforcement Program is representing the department or
the state against claims by defendants or responsible parties.
   (iv) A description of other pending litigation handled by the
Attorney General's Toxic Substance Enforcement Program.
   (C) Nothing in subparagraph (C) shall require the Attorney General
to report on any confidential or investigatory matter.
   (5) To the department for administration and implementation of
Chapter 6.11 (commencing with Section 25404).
   (c) (1) Expenditures from the Hazardous Waste Control Account for
support of state agencies other than the department shall, upon
appropriation by the Legislature to the department, be subject to an
interagency agreement or similar mechanism between the department and
the state agency receiving the support.
   (2) The department shall, at the time of the release of the annual
Governor's Budget, describe the budgetary amounts proposed to be
allocated to the State Board of Equalization, as specified in
paragraph (2) of subdivision (b) and in paragraph (3) of subdivision
(b) of Section 25173.6, for the upcoming fiscal year.
   (3) It is the intent of the Legislature that moneys appropriated
in the annual Budget Act each year for the purpose of reimbursing the
State Board of Equalization, a private party, or other public
agency, for the administration and collection of the fees imposed
pursuant to Article 9.1 (commencing with Section 25205.1) and
deposited in the Hazardous Waste Control Account, shall not exceed
the costs incurred by the State Board of Equalization, the private
party, or other public agency, for the administration and collection
of those fees.
   (d) With respect to expenditures for the purposes of paragraphs
(1) and (3) of subdivision (b) and paragraphs (1) and (2) of
subdivision (b) of Section 25173.6, the department shall, at the time
of the release of the annual Governor's Budget, also make available
the budgetary amounts and allocations of staff resources of the
department proposed for the following activities:
   (1) The department shall identify, by permit type, the projected
allocations of budgets and staff resources for hazardous waste
facilities permits, including standardized permits, closure plans,
and postclosure permits.
   (2) The department shall identify, with regard to surveillance and
enforcement activities, the projected allocations of budgets and
staff resources for the following types of regulated facilities and
activities:
   (A) Hazardous waste facilities operating under a permit or grant
of interim status issued by the department, and generator activities
conducted at those facilities. This information shall be reported by
permit type.
   (B) Transporters.
   (C) Response to complaints.
   (3) The department shall identify the projected allocations of
budgets and staff resources for both of the following activities:
   (A) The registration of hazardous waste transporters.
   (B) The operation and maintenance of the hazardous waste manifest
system.
   (4) The department shall identify, with regard to site mitigation
and corrective action, the projected allocations of budgets and staff
resources for the oversight and implementation of the following
activities:
   (A) Investigations and removal and remedial actions at military
bases.
   (B) Voluntary investigations and removal and remedial actions.
   (C) State match and operation and maintenance costs, by site, at
joint state and federally funded National Priority List Sites.
   (D) Investigation, removal and remedial actions, and operation and
maintenance at the Stringfellow Hazardous Waste Site.
   (E) Investigation, removal and remedial actions, and operation and
maintenance at the Casmalia Hazardous Waste Site.
   (F) Investigations and removal and remedial actions at
nonmilitary, responsible party lead National Priority List Sites.
   (G) Preremedial activities under the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. Sec. 9601 et seq.).
   (H) Investigations, removal and remedial actions, and operation
and maintenance at state-only orphan sites.
   (I) Investigations and removal and remedial actions at
nonmilitary, non-National Priority List responsible party lead sites.
   (J) Investigations, removal and remedial actions, and operation
and maintenance at Expedited Remedial Action Program sites pursuant
to Chapter 6.85 (commencing with Section 25396).
   (K) Corrective actions at hazardous waste facilities.
   (5) The department shall identify, with regard to the regulation
of hazardous waste, the projected allocation of budgets and staff
resources for the following activities:
   (A) Determinations pertaining to the classification of hazardous
wastes.
   (B) Determinations for variances made pursuant to Section 25143.
   (C) Other determinations and responses to public inquiries made by
the department regarding the regulation of hazardous waste and
hazardous substances.
   (6) The department shall identify projected allocations of budgets
and staff resources needed to do all of the following:
   (A) Identify, remove, store, and dispose of, suspected hazardous
substances or hazardous materials associated with the investigation
of clandestine drug laboratories.
   (B) Respond to emergencies pursuant to Section 25354.
   (C) Create, support, maintain, and implement the railroad accident
prevention and immediate deployment plan developed pursuant to
Section 7718 of the Public Utilities Code.
   (7) The department shall identify projected allocations of budgets
and staff resources for the administration and implementation of the
unified hazardous waste and hazardous materials regulatory program
established pursuant to Chapter 6.11 (commencing with Section 25404).
   (8) The department shall identify the total cumulative
expenditures of the Regulatory Structure Update and Site Mitigation
Update projects since their inception, and shall identify the total
projected allocations of budgets and staff resources that are needed
to continue these projects.
   (9) The department shall identify the total projected allocations
of budgets and staff resources that are necessary for all other
activities proposed to be conducted by the department.
   (e) Notwithstanding this chapter, or Part 22 (commencing with
Section 43001) of Division 2 of the Revenue and Taxation Code, for
any fees, surcharges, fines, penalties, and funds that are required
to be deposited into the Hazardous Waste Control Account or the Toxic
Substances Control Account, the department, with the approval of the
Secretary for Environmental Protection, may take any of the
following actions:
   (1) Assume responsibility for, or enter into a contract with a
private party or with another public agency, other than the State
Board of Equalization, for the collection of any fees, surcharges,
fines, penalties and funds described in subdivision (a) or otherwise
described in this chapter or Chapter 6.8 (commencing with Section
25300), for deposit into the Hazardous Waste Control Account or the
Toxic Substances Control Account.
   (2) Administer, or by mutual agreement, contract with a private
party or another public agency, for the making of those
determinations and the performance of functions that would otherwise
be the responsibility of the State Board of Equalization pursuant to
this chapter, Chapter 6.8 (commencing with Section 25300), or Part 22
(commencing with Section 43001) of Division 2 of the Revenue and
Taxation Code, if those activities and functions for which the State
Board of Equalization would otherwise be responsible become the
responsibility of the department or, by mutual agreement, the
contractor selected by the department.
   (f) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall be responsible for ensuring that persons who are
subject to the fees specified in subdivision (e) have equivalent
rights to public notice and comment, and procedural and substantive
rights of appeal, as afforded by the procedures of the State Board of
Equalization pursuant to Part 22 (commencing with Section 43001) of
Division 2 of the Revenue and Taxation Code. Final responsibility for
the administrative adjustment of fee rates and the administrative
appeal of any fees or penalty assessments made pursuant to this
section may only be assigned by the department to a public agency.
   (g) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall have equivalent authority to make collections
and enforce judgments as provided to the State Board of Equalization
pursuant to Part 22 (commencing with Section 43001) of Division 2 of
the Revenue and Taxation Code. Unpaid amounts, including penalties
and interest, shall be a perfected and enforceable state tax lien in
accordance with Section 43413 of the Revenue and Taxation Code.
   (h) The department, with the concurrence of the Secretary for
Environmental Protection, shall determine which administrative
functions should be retained by the State Board of Equalization,
administered by the department, or assigned to another public agency
or private party pursuant to subdivisions (e), (f), and (g).
   (i) The department may adopt regulations to implement subdivisions
(e) to (h), inclusive.
   (j) The Director of Finance, upon request of the director, may
make a loan from the General Fund to the Hazardous Waste Control
Account to meet cash needs. The loan shall be subject to the
repayment provisions of Section 16351 of the Government Code and the
interest provisions of Section 16314 of the Government Code.
   (k) The department shall establish, within the Hazardous Waste
Control Account, a reserve of at least one million dollars
($1,000,000) each year to ensure that all programs funded by the
Hazardous Waste Control Account will not be adversely affected by any
revenue shortfalls.



25174.1.  (a) Each person who disposes of hazardous waste in this
state shall pay a fee for the disposal of hazardous waste to land,
based on the type of waste placed in a disposal site, in accordance
with this section and Section 25174.6.
   (b) "Disposal fee" means the fee imposed by this section.
   (c) For purposes of this section, "dispose" and "disposal" include
"disposal," as defined in Section 25113, including, but not limited
to, "land treatment," as defined in subdivision (n) of Section
25205.1.
   (d) Each operator of an authorized hazardous waste facility, at
which hazardous wastes are disposed, shall collect a fee from any
person submitting hazardous waste for disposal and shall transmit the
fees to the State Board of Equalization for the disposal of those
wastes. The operator shall be considered the taxpayer for purposes of
Section 43151 of the Revenue and Taxation Code. The facility
operator is not required to collect and transmit the fee for a
hazardous waste if the operator maintains written evidence that the
hazardous waste is eligible for the exemption provided by Section
25174.7 or otherwise exempted from the fees pursuant to this chapter.
The written evidence may be provided by the operator or by the
person submitting the hazardous waste for disposal, and shall be
maintained by the operator at the facility for a minimum of three
years from the date that the waste is submitted for disposal. If the
operator submits the hazardous waste for disposal, the operator shall
pay the same fee as would any other person.
   (e) Notwithstanding subdivision (d), the disposal facility shall
not be liable for the underpayment of any disposal fees for hazardous
waste submitted for disposal by a person other than the operator, if
the person submitting the hazardous waste to the disposal facility
has done either of the following:
   (1) Mischaracterized the hazardous waste.
   (2) Misrepresented any exemptions pursuant to Section 25174.7 or
any other exemption from the disposal fee provided pursuant to this
chapter.
   (f) (1) Any additional payment of disposal fees that are due to
the State Board of Equalization as a result of a mischaracterization
of a hazardous waste, a misrepresentation of an exemption, or any
other error, shall be the responsibility of the person making the
mischaracterization, misrepresentation, or error.
   (2) In the event of a dispute regarding the responsibility for a
mischaracterization, misrepresentation, or other error, for which
additional payment of disposal fees are due, the State Board of
Equalization shall assign responsibility for payment of the fee to
that person, or those persons, it determines responsible for the
mischaracterization, misrepresentation, or other error, provided that
the person, or persons, has the right to a public hearing and
comment, and the procedural and substantive rights of appeal pursuant
to Part 22 (commencing with Section 43001) of Division 2 of the
Revenue and Taxation Code.
   (3) Any generator, transporter, or owner or operator of a disposal
facility shall report to the department and the State Board of
Equalization any information regarding any such mischaracterization,
misrepresentation, or error, which could affect the disposal fee,
within 30 days of that information first becoming known to that
person.
   (g) The State Board of Equalization shall deposit the fees
collected pursuant to this section in the Hazardous Waste Control
Account, for expenditure by the department, upon appropriation by the
Legislature.
   (h) The operator of the facility that disposes of the hazardous
waste to land shall provide to every person who submits hazardous
waste for disposal at the facility a statement showing the amount of
hazardous waste fees payable pursuant to this section.
   (i) Any person who disposes of hazardous waste at any site that is
not an authorized hazardous waste facility shall be responsible for
payment of fees pursuant to this section and shall be the taxpayer
for purposes of Section 43151 of the Revenue and Taxation Code.
   (j) Any administrative savings that are derived by the state as a
result of changes made to this section during the 1995-96 Regular
Session of the Legislature shall be made available to the department
and reflected in the annual Budget Act.


25174.2.  (a) The base rate for the hazardous wastes specified in
Section 25174.6 which are disposed of or submitted for disposal in
the state is eighty-five dollars and twenty-four cents ($85.24) per
ton for disposal of hazardous waste to land.
   (b) The base rate specified in subdivision (a) is the base rate
for the period of January 1, 1997, to December 31, 1997. Beginning
with calendar year 1998, and for each year thereafter, the State
Board of Equalization shall adjust the base rate annually 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.
   (c) This section shall become operative on January 1, 2001.



25174.6.  (a) The fee provided pursuant to Section 25174.1 shall be
determined as a percentage of the base rate, as adjusted by the State
Board of Equalization, pursuant to Section 25174.2, or as otherwise
provided by this section. The procedure for determining these fees is
as follows:
   (1) The following fees shall be paid for each ton, or fraction
thereof for up to the first 5,000 tons of the following hazardous
wastes disposed of, or submitted for disposal, in the state at each
specific offsite facility by each producer, or at each specific
onsite facility, per month, if the hazardous wastes are not otherwise
subject to the fee specified in paragraph (3) or (4) and are not
otherwise exempt from the fees imposed pursuant to this article:
   (A) For non-RCRA hazardous waste, excluding asbestos, generated in
a remedial action, a removal action, or a corrective action taken
pursuant to this chapter, Chapter 6.7 (commencing with Section
25280), Chapter 6.75 (commencing with Section 25299.10), or Chapter
6.8 (commencing with Section 25300), or generated in any other
required or voluntary cleanup, removal, or remediation of a hazardous
substance or non-RCRA hazardous waste, a fee of five dollars and
seventy-two cents ($5.72) per ton.
   (B) For all other non-RCRA hazardous waste, a fee of 16.31 percent
of the base rate for each ton.
   (2) Thirteen percent of the base rate for each ton, or fraction
thereof, shall be paid for up to the first 5,000 tons of hazardous
waste disposed of, or submitted for disposal, in the state, at each
specific offsite facility by each producer, or at each specific
onsite facility, per month, which result from the extraction,
beneficiation, and processing of ores and minerals, including
phosphate rock and the overburden from the mining of uranium ore and
which is not otherwise subject to the fee specified in paragraph (3)
or (4).
   (3) Two hundred percent of the base rate shall be paid for each
ton, or fraction thereof, of extremely hazardous waste disposed of,
or submitted for disposal, in the state.
   (4) Two hundred percent of the base rate shall be paid for each
ton, or fraction thereof, of restricted hazardous wastes listed in
subdivision (b) of Section 25122.7 disposed of, or submitted for
disposal, in the state.
   (5) Forty and four-tenths percent of the base rate shall be paid
for each ton, or fraction thereof, of hazardous waste disposed of, or
submitted for disposal, in the state, which is not otherwise subject
to the fees specified in paragraph (1), (2), (3), (4), or (6).
   (6) Five percent of the base rate shall be paid for each ton, or
fraction thereof, of hazardous waste disposed of, or submitted for
disposal, in the state, that is a solid hazardous waste residue
resulting from incineration or dechlorination. No fees shall be
imposed pursuant to this paragraph on a solid hazardous waste residue
resulting from incineration or dechlorination which is disposed of,
or submitted for disposal, outside of the state.
   (7) Fifty percent of the fee that would otherwise be paid for each
ton, or fraction thereof, of hazardous waste disposed of in the
state, that is a solid hazardous waste residue resulting from
treatment of a treatable waste by means of a designated treatment
technology, as defined in Section 25179.2. No fees shall be imposed
pursuant to this paragraph on a solid hazardous waste residue
resulting from treatment of a treatable waste by means of a
designated treatment technology that is not a hazardous waste or
which is disposed of, or submitted for disposal, outside of the
state.
   (b) The amount of fees payable to the State Board of Equalization
pursuant to this section shall be calculated using the total wet
weight, measured in tons or fractions thereof, of the hazardous waste
in the form in which the hazardous waste existed at the time of
disposal, submission for disposal, or application to land using a
land disposal method, as defined in Section 66260.10 of Title 22 of
the California Code of Regulations, if all of the following apply:
   (1) The weight of any nonhazardous reagents or treatment additives
added to the waste, after it has been submitted for disposal, for
purposes of rendering the waste less hazardous, shall not be included
in those calculations.
   (2) Except as provided by paragraph (7) of subdivision (a), any
RCRA hazardous waste received, treated, and disposed at the disposal
facility shall be subject to a disposal fee pursuant to this section
as if it were a non-RCRA hazardous waste, if the waste, due to
treatment, is no longer a RCRA hazardous waste at the time of
disposal.
   (c) All fees imposed by this section shall be paid in accordance
with Part 22 (commencing with Section 43001) of Division 2 of the
Revenue and Taxation Code.
   (d) This section shall become operative on January 1, 2001.



25174.7.  (a) The fees provided for in Sections 25174.1 and 25205.5
do not apply to any of the following:
   (1) Hazardous wastes which result when a government agency, or its
contractor, removes or remedies a release of hazardous waste in the
state caused by another person.
   (2) Hazardous wastes generated or disposed of by a public agency
operating a household hazardous waste collection facility in the
state pursuant to Article 10.8 (commencing with Section 25218),
including, but not limited to, hazardous waste received from
conditionally exempt small quantity commercial generators, authorized
pursuant to Section 25218.3.
   (3) Hazardous wastes generated or disposed of by local vector
control agencies which have entered into a cooperative agreement
pursuant to Section 116180 or by county agricultural commissioners,
if the hazardous wastes result from their control or regulatory
activities and if they comply with the requirements of this chapter
and regulations adopted pursuant thereto.
   (4) Hazardous waste disposed of, or submitted for disposal or
treatment, by any person, which is discovered and separated from
solid waste as part of a load checking program.
   (b) Notwithstanding paragraph (1) of subdivision (a), any person
responsible for a release of hazardous waste, which has been removed
or remedied by a government agency, or its contractor, shall pay the
fee pursuant to Section 25174.1.
   (c) Any person who acquires land for the sole purpose of
owner-occupied single-family residential use, and who acquires that
land without actual or constructive notice or knowledge that there is
a tank containing hazardous waste on or under that property, is
exempt from the fees imposed pursuant to Sections 25174.1, 25205.5,
and 25345, in connection with the removal of the tank.



25174.9.  The Hazardous Waste Control Account is the successor fund
of the Federal Receipts Account that was established pursuant to
Section 25174.8, as that section read on January 1, 1999. All assets,
liabilities, and surplus of the Federal Receipts Account shall, as
of June 30, 1999, be transferred to, and become a part of the
Hazardous Waste Control Account, as provided by Section 16346 of the
Government Code. All existing appropriations from the Federal
Receipts Account, to the extent encumbered, and also those which had
been made for particular projects from the Federal Receipts Account,
shall continue to be available for the same purposes and periods from
the Hazardous Waste Control Account.



25174.11.  Section 25174.1 does not apply to the previous disposal
of mining waste that is subsequently classified as nonhazardous
pursuant to the department's California Assessment Manual criteria
regulations set forth in Article 2 (commencing with Section 66300) of
Chapter 30 of Division 4 of Title 22 of the California
Administrative Code, which became effective October 27, 1984, and
disposal fees shall not be assessed pursuant to Section 25174.1 for
that waste if the waste previously disposed of is not significantly
different from the waste classified as nonhazardous.



25175.  (a) (1) The department shall prepare and adopt, by
regulation, a list, and on or before January 1, 2002, and when
appropriate thereafter, shall revise, by regulation, that list, of
specified hazardous wastes that the department finds are economically
and technologically feasible to recycle either onsite or at an
offsite commercial hazardous waste recycling facility in the state,
taking into consideration various factors that shall include, but are
not limited to, 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 generators.
   (2) Whenever any hazardous waste on the list adopted or revised
pursuant to paragraph (1) is transported offsite for disposal, the
department may request, in writing, by certified mail with return
receipt requested, and the generator of that waste shall supply the
department with a formal, complete, and detailed statement justifying
why the waste was not recycled, in writing, by certified mail with
return receipt requested, within 30 calendar days of receipt of the
department's request. This statement shall include the generator's
assessment of the economic and technological feasibility of recycling
the wastes and may include, but is not required to be limited to,
the generator's good faith determination that sending the hazardous
waste to any recycling facility where it is feasible to recycle that
hazardous waste would constitute an unacceptable environmental or
business risk. This determination by the generator shall be based
upon an environmental audit or other reasonably diligent
investigation of the environmental and other relevant business
practices of the recycling facility or facilities where it would
otherwise be feasible to recycle the waste. 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 that statement.
   (3) On or before January 1, 2002, the department shall establish a
procedure for the department to independently verify whether any
hazardous waste identified in the list adopted pursuant to paragraph
(1) is disposed of, rather than recycled. The department shall, on or
before January 1, 2002, prepare and adopt those regulations that the
department finds necessary to ensure that it can fully perform its
duties pursuant to subdivisions (k) and ( l) of Section 25170 to
encourage the exchange of hazardous waste and to establish and
maintain an information clearinghouse of hazardous wastes that may be
recyclable.
   (4) On or before July 1, 2000, the department shall establish an
advisory committee to advise the department on the development of the
regulations required or authorized by this section and on the
department's implementation of this section. The advisory committee
shall consist of representatives of generators, hazardous waste
facility operators, environmental organizations, the Legislature, and
other interested parties.
   (5) In determining to which generators the department will send
the request specified in paragraph (2), the department shall give
priority to notifying generators transporting offsite for disposal
more than 1000 pounds per year of the type of hazardous waste that
would be the subject of the request, to the extent this
prioritization is feasible within the information management
capabilities of the department.
   (b) (1) If, after the department receives a statement from a
generator pursuant to paragraph (2) of subdivision (a), the
department finds the recycling of a hazardous waste to be
economically and technologically feasible, the department shall
inform the generator, in writing, by certified mail, return receipt
requested, that 30 days after the date the generator receives notice
of the department's finding, any of the generators' hazardous waste
transported offsite to which the department's finding applies shall,
after that date, be recycled. The department may establish procedures
for rescinding or modifying any finding made by the department
pursuant to this paragraph if there is a pertinent change in
circumstances related to that finding.
   (2) Notwithstanding paragraph (1), the department shall not find
the recycling of a hazardous waste to be economically and
technologically feasible if a generator includes a good faith
determination in the statement submitted pursuant to paragraph (2) of
subdivision (a) that sending its hazardous waste to any recycling
facility where it is otherwise feasible to recycle the hazardous
waste constitutes an unacceptable environmental or business risk.
   (c) A generator who does not recycle a hazardous waste after the
generator receives a notice of the departments' findings pursuant to
subdivision (b) that the hazardous waste is economically and
technologically feasible to recycle is subject to five times the
disposal fee that would otherwise apply to the disposal of that
hazardous waste pursuant to Section 25174.1.
   (d) For purposes of this section, "recycle" and "recycling" shall
have the same meaning as set forth in subdivision (a) of Section
25121.1.



25177.  The department may report findings and results of an
investigation which the department undertakes pertaining to subject
matter governed by this chapter, except for trade secrets as provided
in Section 25173. The department may distribute such information as
it considers necessary for the protection of the public or for the
protection of human health, domestic livestock, wildlife, and the
environment and to ensure the best use of natural resources. The
department may publish reports summarizing or containing any order of
the director or any judgment or court order which has been rendered
pursuant to this chapter, including the nature of the charge and its
disposition.


25178.  On or before January 1 of each odd-numbered year, the
department shall post on its Web site, at a minimum, all of the
following:
   (a) The status of the regulatory and program developments required
pursuant to legislative mandates.
   (b) (1) The status of the hazardous waste facilities permit
program that shall include all of the following information:
   (A) A description of the final hazardous waste facilities permit
applications received.
   (B) The number of final hazardous waste facilities permits issued
to date.
   (C) The number of final hazardous waste facilities permits yet to
be issued.
   (D) A complete description of the reasons why the final hazardous
waste facilities permits yet to be issued have not been issued.
   (2) For purposes of paragraph (1), "hazardous waste facility"
means a facility that uses a land disposal method, as defined in
subdivision (d) of Section 25179.2, and that disposes of wastes
regulated as hazardous waste pursuant to the federal act.
   (c) The status of the hazardous waste facilities siting program.
   (d) The status of the hazardous waste abandoned sites program.
   (e) A summary of enforcement actions taken by the department
pursuant to this chapter and any other actions relating to hazardous
waste management.
   (f) Summary data on annual quantities and types of hazardous waste
generated, transported, treated, stored, and disposed.
   (g) Summary data regarding onsite and offsite disposition of
hazardous waste.
   (h) Research activity initiated by the department.
   (i) Regulatory action by other agencies relating to hazardous
waste management.
   (j) A revised listing of recyclable materials showing any
additions or deletions to the list prepared pursuant to Section 25175
that have occurred since the last report.
   (k) Any other data considered pertinent by the department to
hazardous waste management.
   (l) The information specified in subdivision (c) of Section 25161,
paragraph (4) of subdivision (a) of Section 25197.1, subdivision (c)
of Section 25354, and Sections 25334.7, and 25356.5.
   (m) A status report on the cleanup of the McColl Hazardous Waste
Disposal Site in Orange County.



25178.1.  The State Board of Equalization shall provide quarterly
reports to the Legislature on the fees collected pursuant to Sections
25174.1, 25205.2, and 25205.5. The reports shall be due on the 15th
day of the second month following each quarter.



25178.3.  (a) The director shall notify the Republic of Mexico and
every state which is contiguous to this state whenever any of the
following occurs:
   (1) Any hazardous wastes listed pursuant to Section 25140 is
restricted as to land disposal in the state.
   (2) A hazardous waste regulated under the Resource Conservation
and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.),
is restricted as to land disposal in the state on a more accelerated
schedule than that implemented by the Environmental Protection
Agency.
   (3) The state takes any other action to restrict wastes as to land
disposal, including banning or increasing disposal fees on specific
categories of hazardous waste.
   (4) The department or a state or federal agency requires the
closure of, or curtailment of operations at, any offsite hazardous
waste land disposal facility currently operating pursuant to a grant
of interim status issued pursuant to Section 25200.5 or a final
permit issued pursuant to Section 25200.
   (b) When providing a notice pursuant to subdivision (a), the
director shall send a letter by registered mail to a public official
in the Republic of Mexico and in each state who the director
determines to have responsibility for hazardous waste regulation. The
letter shall include all of the following:
   (1) A description of the action taken in the state and
documentation as to why this state felt it necessary to take the
action to protect the public health and the environment.
   (2) Specific information on treatment alternatives available to
reduce, recycle, treat, or destroy the hazardous wastes affected by
the action.
   (3) The availability of the treatment capacity in this state, and
the costs of that treatment.
   (4) Information as to how the state or Mexico could develop
comparable treatment systems.
   (5) A statement that it is not the intent of the citizens of this
state to transfer their hazardous waste problems to the Republic of
Mexico or to other states.


25179.  (a) A city or county or an agency or entity established by a
joint powers agreement pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1 of the Government Code may
enter into a contract or contracts with a business entity for the
purpose of planning, financing, constructing, and operating an
offsite hazardous waste facility to transfer or treat hazardous
waste.
   (b) The authority granted by this section to a city, county,
agency, or entity is in addition to any other authority granted by
law.
   (c) For purposes of this section, "business entity" means any
private organization or enterprise operated for profit, including,
but not limited to, a proprietorship, partnership, firm, business,
trust, joint venture, syndicate, corporation, or association.