(HSC Sections 25205.1 through 25205.2.1, 25205.13, 25205.17 through 25205.19, 25205.21, & 25205.25; 22 CCR Sections 66269.3 & 66269.6.)

The Facility Fee is imposed on the owner or operator of a facility that is issued a hazardous waste facility permit or a grant of interim status by DTSC to treat, store, or dispose of hazardous waste in California. The Facility Fee due is determined by the facility’s type and size.

Any facility treating, storing, or disposing of hazardous waste in California must have a hazardous waste facility permit or other forms of authorization. California has a five-tiered permitting program which matches the statutory/regulatory requirements imposed upon each category of hazardous waste facility to the degree of risk posed by them. The five tiers are Full Permit Tier, Standardized Permit Tier, Permit by Rule Tier, Conditional Authorization Tier, and Conditional Exemption Tier.

For information about the different permitting tiers, please scroll down or use the quick links provided below.

BES adopted regulation to set the rates for the Facility Fee applicable commencing July 1, 2023. The rate limits shall be adjusted annually to reflect changes in the CPI issued by the DIR. BES may not adjust the rates more frequently than once a year and no later than October 1 of any year in which BES adopts the rates.

Adjusting or Reducing Facility Fees

Full and Standardized permitted facilities may have the Facility Fees adjusted or reduced when:

• Size: The facility submits a certification to DTSC and pledges to operate at a reduced capacity, below the amount the permit allows. (HSC Section 25205.18.)
• Type: A facility changed the type of authorization when DTSC approves its request for a permit modification. (HSC Section 25205.19.)
• Timing: The Facility Fee for a facility that changed its capacity, type, or size would be adjusted or reduced in the next calendar year following the year the change occurred. (HSC Section 25205.19(b)).

Closing Facilities and Ceasing Operations

Closing Facilities – All facilities that are closing must notify DTSC in writing of their intent to close and when operations actually cease. (HSC Sections 25205.2(i)(4), 25201.5(d)(8); 22 CCR Division 4.5, Chapter 14, Article 7 or Chapter 15, Article 7, & Chapters 20, 21 and 45.) A facility shall not be deemed to have stopped treating, storing, or disposing of hazardous waste unless it has actually ceased that activity and has notified DTSC of its intent to close.

Non-operating Facilities Ceasing Operations – Non-operating treatment or storage facilities owe the Facility Fee for one calendar year after they have ceased operations and notified DTSC of their intent to close. The Facility Fee rate for this additional year after final closure shall be either:

• the largest facility size rate at which the facility has ever been subject to the fee; or
• where prior approval was obtained from, and granted by, DTSC for a variance, closure, or Permit-by-Rule, the largest facility size rate since DTSC last granted approval for such variance, closure or Permit-by-Rule. (HSC 25205.2(i)(2).)

Non-operating disposal facilities pay twice the applicable full permit Facility Fee for one additional reporting period after operations have ceased. (HSC Section 25205.2(i)(3).)

Quick Links

Full Permit Facility Fee  |  Postclosure Permit Facility Fee  |  Standardized Permit Facility Fee  |  Permits-by-Rule (PBR)

Full Permit Facility Fee

(HSC Section 25205.1(b), 25205.2 through 25505.2.1, & 25205.5(a)(4), 25205.7; 22 CCR Section 66269.3(b))

Each operator of a hazardous waste facility will pay an annual Facility Fee for each reporting period, or any portion thereof, to CDTFA based on the size and type of the facility. For the purpose of the Facility Fee, “facility” means any units or other structures, and all contiguous land, used for the treatment, storage, disposal, or recycling of hazardous waste for which a permit or a grant of interim status has been issued by DTSC for that activity.

Facility Fees are due and payable to CDTFA annually in two installments each at 50% of the annual Facility Fee. Facilities are required to make prepayments and report their facility fees on a Hazardous Waste Facility Fee Return provided by CDTFA. Senate Bill (SB) 158 (Chapter 73, Statutes 2021) changed the timing of the fees from a calendar year assessment to a fiscal year assessment. The rates specified in Table 2 are for the prepayment for CY 2024 and the payments for FY 2024/25.

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Postclosure Permit Facility Fee

(HSC Section 25205.2 & 25205.2.1; 22 CCR Section 66269.3(c)-(d).)

Postclosure Facility Fee applies to Full Permit facilities with postclosure permits and is assessed by fiscal year. Table 3 provides the FY 2024/25 Postclosure Permit Facility Fee rates. The rates are subject to the annual CPI adjustment, beginning in FY 2024/25. (HSC Section 25205.2.1(c)(2).)

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Standardized Permit Facility Fee

(HSC Sections 25201.6, 25205.1(b), 25205.2, & 25205.2.1; 22 CCR Section 66269.3(e)(1)-(4).)

Standardized permits are only for non-RCRA facilities. The amount of the annual Facility Fee is determined by the size and series designation of the facility. For the purpose of the Facility Fee, “facility” means any units or other structures, and all contiguous land, used for the treatment, storage, disposal, or recycling of hazardous waste for which a permit or a grant of interim status has been issued by DTSC for that activity. Facility Fees are assessed on a fiscal year basis, and facilities are required to report their Facility Fees on a Hazardous Waste Facility Fee Return provided by CDTFA.  Table 4 lists the rates of the Facility Fee for a Standardized Permit in CY 2024 and FY 2024/25. The rates of the Standardized permit Facility Fee are subject to the annual CPI adjustment, beginning in FY 2024/25. (HSC Section 25205.2.1(c)(2).)

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Permits-By-Rule (PBR)

(HSC Section 25205.2(j)(1) (effective July 1, 2022); 22 CCR Div. 45, Chp. 45 & Section 66269.3(f)(1).)

The PBR tier allows onsite treatment of non-RCRA and RCRA-exempt hazardous waste. This tier is for more hazardous and higher volume waste streams and processes than the Conditional Authorization tier or Conditional Exemption tier.

PBR authorizations for Fixed Treatment Units (FTU) are processed through the local Certified Unified Program Agency (CUPA) (or DTSC in a non-CUPA jurisdiction), while Transportable Treatment Units (TTU) are processed through DTSC. TTUs require site-specific notification to DTSC prior to conducting treatment at any site.

Once authorized under PBR, the facility will be billed by the CUPA (or DTSC in a non-CUPA jurisdiction) annually, until both FTU and TTU have been certified closed and the facility submits the FTU closure certification to the CUPA or submit the TTU closure certification to DTSC. If the facility operates during any part of a calendar year, the facility may be billed a PBR fee for the entire year. Note:  Each CUPA may institute a single fee system that allows for a single billing to cover the costs of oversight and inspection of the FTU hazardous waste management activities (i.e., treatment, storage or disposal). The facility can obtain more specific fee information from the CUPA as the fee may vary with each county.

Conditional Authorization

(HSC Section 25200.3, 25205.2(j)(2) (on and after July 1, 2022); 22 CCR Section 66269.3(f)(2).)

The Conditionally Authorized tier allows onsite treatment of non-RCRA and RCRA-exempt hazardous waste such as metal-bearing waters, and mostly single-hazardous wastes, some neutralization, and oil/water separation. Only FTUs are eligible for authorization under this tier, while TTUs are not. 

Conditional Exemption

(HSC Section 25205.2(j)(3) (on and after July 1, 2022) ; 22 CCR Section 66269.3(f)(3).)

The Conditionally Exempt tier allows onsite treatment of non-RCRA and RCRA-exempt hazardous waste. This tier is for smaller quantities or less risky waste and treatment methods. This tier includes Conditionally Exempt:

• Small Quantity Treatment (TTU or FTU eligible)
• Specified Waste Streams (TTU or FTU eligible)
• Commercial Laundries (FTU only)
• Limited (FTU only)

Effective July 1, 2023, owners or operators of TTUs are required to file an annual return and pay the applicable hazardous waste facility fee in two equal payments. These payments are due on November 30 and February 28 of each fiscal year. The rates specified in Table 6 are for CY 2024 and are adjusted annually to reflect changes in the CPI issued by the DIR.

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