Managing Hazardous Waste

We strengthen regulations and streamline waste management

Generator Fee

(H&SC Sections 25174.7, 25205.1, 25205.5, 25205.5.1, 25205.9, 25205.22, 25250.15, and 25250.24; Section 3000 of Title 18 CCR; and Section 66269.2 of Title 22 CCR)

Every generator that produces five tons or more of hazardous waste will pay CDTFA a Generator Fee for each generator site for each calendar year, or portion thereof. Facilities permitted under a full or standardized permit who pay annual Facility Fees for a specific site do not owe a Generator Fee for that site. Generators are required to report the amount of waste generated on a hazardous waste Generator Fee return provided by CDTFA. The rates specified in Table 9 are for CY 2021 and are adjusted annually to reflect changes in the CPI as determined by the Department of Industrial Relations.

Table 9: Generator Fee CY 2021

Due Dates

One Prepayment:  August 31, 2021 (during reporting period)
Final Payment:  February 28, 2022 (after the reporting period)
Base Rate: $5,000

Generator SizeRateFee
Less than 5 tons/year0% base rate$0
5 but less than 25 tons/year5% base rate$250
25 but less than 50 tons/year40% base rate$2,000
50 but less than 250 tons/year100% base rate$5,000
250 but less than 500 tons/year5 x base rate$25,000
500 but less than 1,000 tons/year10 x base rate$50,000
1,000 but less than 2,000 tons/year15 x base rate$75,000
2,000 or more tons/year20 x base rate$100,000

Land Disposal Fee for Generators – In addition, generators who dispose of waste to land may be subject to Land Disposal Fees imposed pursuant to H&SC Section 25174.1.

Generator Fee Exemptions – Generators who have paid a Facility Fee or received a credit under H&SC Section 25205.2(i) are exempt from the Generator Fee.

Generator Fee Refunds – SB 2014 (Chapter 737, Statutes of 1998) provides for two potential refunds for hazardous waste generators:

  1. Generators who paid Generator Fees to CDTFA and in the same year also paid Generator Inspection Fees to a Certified Unified Program Agency (CUPA). In addition, the generator must also have received a state Generator Fee credit for local fees paid for in 1996.
  2. Generators who submitted hazardous waste to a permitted offsite facility for recycling. For this purpose, recycling does not include hazardous waste that is burned in a boiler; industrial furnace; or incinerator, disposed of, or used to produce products applied to land.

Other specific requirements apply to each of the two potential types of refunds. In addition, no refunds will be made unless DTSC certifies that funds are available for the refunds. Because of budgetary shortfalls, refunds have not been available in prior years, and may not be available in CY 2020. Separate applications for each type of refund must be submitted to CDTFA by September 30th of each year for the prior calendar year. For information regarding the application process please contact CDTFA at (916) 322-9534.

Standard Conversion Factors – All quantities in the Hazardous Waste Tracking System (HWTS) are reported in tons for standard reports and calculations. Volumes of hazardous waste reported in cubic yards on the manifest are converted to tons using a conversion factor that is specific to the state waste code. DTSC takes every precaution to ensure the accuracy of data in the HWTS; however, conversion factors may underestimate or overestimate the actual weight of waste, especially with waste types that are highly variable in composition. Consequently, conversions of wastes such as asbestos and contaminated soils, reported in volume and other measurements (e.g. bags) to tons, may not reflect the true tonnage generated or transported. Therefore, retention of weight tickets for each manifest is strongly recommended for accurate measurements. The weight tickets can be referenced by the generator to later file their generator fee return with CDTFA and/or the weight tickets can later be produced to respond to an audit initiated by CDTFA.

Effective January 1, 2016, the following standard conversion factors were implemented by DTSC in calculating Generator Fees.

  • Asbestos (State Waste Code # 151) – Conversion Factor = 0.23
  • Contaminated Soils (State Waste Code # 611) – Conversion Factor = 1.41

The following materials are not hazardous wastes for purposes of fee assessments:

  1. Hazardous materials that are recycled and used onsite and are not transferred offsite.
  2. Aqueous waste treated in a treatment unit operating, or that subsequently operates, pursuant to a permit by rule, or pursuant to H&SC Section 25200.3 or 25201.5. However, hazardous waste generated by a treatment unit treating waste pursuant to a permit-by-rule, by a unit that subsequently obtains a permit-by-rule or other authorization pursuant to H&SC Section 25200.3 or 25201.5 is hazardous waste.

Generator Fees do not apply to:

  1. Hazardous waste that results when a government agency, or its contractor, removes or remedies a release of hazardous waste in the state caused by another person.
  2. Hazardous waste generated or disposed of by a public agency operating a household hazardous waste collection facility in the state pursuant to Article 10.8, including hazardous waste received from conditionally exempt small quantity commercial generators.
  3. Hazardous waste generated or disposed of by local vector control agencies that have entered into a cooperative agreement pursuant to H&SC 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.
  4. Hazardous waste disposed of, or submitted for disposal or treatment, which is discovered and separated from solid waste as part of a load checking program.
  5. 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 H&SC Sections 25174.1, 25205.5, and 25345, in connection with the removal of the tank.
  6. Used oil collected from any person operating a refuse removal vehicle or a curbside collection vehicle used to collect, or transport used oil which has been generated as a household waste or as part of a curbside recycling program.
  7. Recycled Used Motor Oil – Used oil which is removed from a motor vehicle and which is subsequently recycled by a recycler permitted pursuant to Article 13 (commencing with Section 25250) of Chapter 6.5, Division 20 of the Health and Safety Code. “Motor vehicle” includes locomotives, vessels and self-propelled, off-road equipment, whether or not the equipment moves or is permitted to move on public highways.