Activity Fees for Permitting

Activity Fee for Hazardous Waste Permit Applications and Permit Modifications

(Health and Safety Code (H&SC) Sections 25189.3, 25205.7, 25206.1 through 25206.4 and 25247(d)(3))

Senate Bill (SB) 839 (Chapter 340, Statutes of 2016) eliminated the option for a flat-rate Activity Fee for hazardous waste facility permit application and permit modification requests submitted after April 1, 2016. SB 839 requires anyone applying for a new permit, renewal of a permit, standardized permit, or post closure permit, or requesting certain permit modifications to enter into a written agreement to reimburse DTSC for its costs incurred in processing the application or request. This requirement also applies to requests for variances and waste classification determinations.

DTSC has developed a policy and procedure document based on a proposed cost reimbursement agreement which you can view at: Permitting Cost Reimbursement Policy and Procedure. DTSC has met, and will continue to meet, with each of the facilities applying for permits or requesting permit modifications to discuss the cost reimbursement policy and procedure document, cost reimbursement payment agreement, cost estimate, required advance payment, billing issues, and schedule of the permitting project.

Activity Fees for Permitting do not apply to the following: (H&SC Section 25205.7 (e) & (f))

1. Any variance granted pursuant to Article 4 (commencing with Section 66263.40) of Chapter 13 of Division 4.5 of Title 22 of the California Code of Regulations (CCR) (certain transportation operations).
   
2. Any variance issued to a public agency to transport wastes for purposes of operating a household hazardous waste collection facility, or to transport waste from a household hazardous waste collection facility, which receives household hazardous waste or hazardous waste from conditionally exempted small quantity generators pursuant to Article 10.8 (H&SC Section 25218).
3. A permanent household hazardous waste collection facility.
4. Any variance issued to a public agency to conduct a collection program for agricultural wastes.