SECTIONS 48000-48008 - California Statutes

PUBLIC RESOURCES CODE

SECTION 48000-48008

48000. (a) Each operator of a disposal facility shall pay a fee
quarterly to the State Board of Equalization, which is based on the
amount, by weight or volumetric equivalent, as determined by the
Department of Resources Recycling and Recovery, of all solid waste
disposed of at each disposal site.
(b) (1) The fee for solid waste disposed of shall be one dollar
and thirty-four cents ($1.34) per ton. Commencing with the 1995-96
fiscal year, the amount of the fee shall be established by the
Department of Resources Recycling and Recovery at an amount that is
sufficient to generate revenues equivalent to the approved budget for
that fiscal year, including a prudent reserve, but shall not exceed
one dollar and forty cents ($1.40) per ton.
(2) On and after July 1, 2012, the amount of the fee established
by the Department of Resources Recycling and Recovery pursuant to
paragraph (1) shall be increased by twelve cents ($0.12) per ton for
each operator of a solid waste landfill whose owner has notified the
department that it elects to participate in the State Solid Waste
Postclosure and Corrective Action Trust Fund pursuant to Article 2.1
(commencing with Section 48010).
(c) The Department of Resources Recycling and Recovery shall
notify the state board on the first day of the period in which the
rate shall take effect of any rate change adopted pursuant to
paragraphs (1) and (2) of subdivision (b).
(d) The Department of Resources Recycling and Recovery and the
state board shall ensure that all of the fees for solid waste imposed
pursuant to this section that are collected at a transfer station
are paid to the state board in accordance with this article.
(e) (1) The fee imposed by paragraph (2) of subdivision (b) shall
not be operative on or after July 1, 2012, unless the Department of
Resources Recycling and Recovery receives, on or before January 1,
2012, letters of participation in the State Solid Waste Postclosure
and Corrective Action Trust Fund from landfill owners representing at
least 50 percent of the total volume of waste disposed of in 2010.
(2) The Department of Resources Recycling and Recovery shall
notify the state board, on or before February 29, 2012, if the fee
imposed by paragraph (2) of subdivision (b) shall become operative
pursuant to paragraph (1).

48001. The revenue from the fees paid pursuant to paragraph (1) of
subdivision (b) of Section 48000 shall, after payment of refunds and
administrative costs of collection, be deposited in the Integrated
Waste Management Account, which is hereby created in the fund.

48001.5. (a) The revenue from the fees paid pursuant to paragraph
(2) of subdivision (b) of Section 48000 shall, after payment of
refunds and administrative costs of collection, be deposited in the
State Solid Waste Postclosure and Corrective Action Trust Fund, which
is hereby created in the State Treasury.
(b) Fees, revenues, and all interest earned shall be available to
the board, upon appropriation by the Legislature, to carry out the
purposes of Article 2.1, including all of the following:
(1) Corrective action and postclosure activities pursuant to
subdivision (b) of Section 48011.
(2) Administrative costs incurred by the board in implementing
Article 2.1.
(3) Any startup costs incurred by the board in implementing
Article 2.1 that were incurred before fees were paid pursuant to
paragraph (2) of subdivision (b) of Section 48000.

48002. The state board shall adopt rules and regulations to carry
out Section 48000, including, but not limited to, provisions
governing collections, reporting, refunds, and appeals.

48003. The state board may not spend more than 1/2 percent of the
total revenues deposited, or anticipated to be deposited, in the
account during a fiscal year for the administration of this chapter
during that fiscal year.

48004. (a) The money in the account shall be used by the Department
of Resources Recycling and Recovery, upon appropriation by the
Legislature, for the following purposes:
(1) The administration and implementation of this division by the
Department of Resources Recycling and Recovery.
(2) The state water board's and regional water boards'
administration and implementation of Division 7 (commencing with
Section 13000) of the Water Code at solid waste disposal sites.
(b) It is the intent of the Legislature that an amount that is
sufficient to fund state water board and regional water board
regulatory activities for solid waste landfills be appropriated from
the account by the Legislature in the annual Budget Act. Those
persons who are required to pay the fee imposed pursuant to Section
48000 shall not be required to pay the annual fee imposed pursuant to
subdivision (d) of Section 13260 of the Water Code with regard to
the same discharge if the requirements for the waiver of that fee set
forth in paragraph (3) of subdivision (d) of Section 13260 of the
Water Code are met.
(c) Notwithstanding subdivisions (a) and (b), if the fee
established pursuant to Section 48000 does not generate revenues
sufficient to fund the programs specified in this section, or if the
amount appropriated by the Legislature for these purposes is reduced,
those reductions shall be equally and proportionally distributed
between funding for the solid waste programs of the state water board
and the regional water boards and the Department of Resources
Recycling and Recovery.

48005. Unless otherwise specified, all money received by the board
shall be deposited in the Integrated Waste Management Account and
shall be used by the board, upon appropriation by the Legislature,
for the purposes for which it was collected or, if not expressly
specified for a particular purpose, for the purposes of this
division, except Part 6 (commencing with Section 46000), which shall
be funded by fees pursuant to Section 46801.

48006. The board may exempt from all fees any operator of a solid
waste landfill that receives less than a monthly average of five tons
per operating day of solid waste.

48007. (a) Recycled materials and inert waste removed from the
waste stream and not disposed of in a solid waste landfill shall not
be included for the purpose of assessing fees imposed pursuant to
Section 48000.
(b) For purposes of this section, and only for the purpose of
determining whether fees shall be imposed pursuant to Section 48000,
"inert waste removed from the waste stream and not disposed of in
solid waste landfills" includes the use, disposal, or placement of
solely inert waste on property where surface mining operations, as
defined in Section 2735, are being conducted, or have been conducted
previously, as long as the use, disposal, or placement is for
purposes of reclamation, as defined in Section 2733, pursuant to
either of the following:
(1) A reclamation plan approved pursuant to Section 2774.
(2) For surface mining operations conducted prior to January 1,
1976, an agreement with a city or county, or a permit issued by a
city or county, that provides for a fill appropriately engineered for
the planned future use of the reclaimed minesite.
(c) For purposes of this section, "inert waste" means rock,
concrete, brick, sand, soil, and cured asphalt only. In addition,
inert waste does not include any waste that meets the definition of
"designated waste" as defined in Section 13173 of the Water Code or
"hazardous waste" as defined by Section 40141.
(d) This section shall remain operative until the operative date
of the regulations adopted by the board pursuant to Section 48007.5
and, as of the January 1 following that operative date, this section
is repealed, unless a later enacted statute deletes or extends the
dates on which it becomes inoperative and is repealed.

48007. (a) Recycled materials and inert waste removed from the
waste stream and not disposed of in a solid waste landfill shall not
be included for the purpose of assessing fees imposed pursuant to
Section 48000.
(b) This section shall become operative on the operative date of
the regulations adopted by the board pursuant to Section 48007.5.

48007.5. (a) On or before January 1, 2004, the board shall adopt
and file with the Secretary of State, pursuant to Section 11346.2 of
the Government Code, regulations that establish an appropriate level
of oversight of the management of construction and demolition waste,
and the management of inert waste at mine reclamation sites.
(b) For purposes of this section, "inert waste" has the same
meaning as defined in subdivision (c) of Section 48007, as that
section read on January 1, 2002.

48008. (a) Any operator of a solid waste landfill that pays a fee
pursuant to this chapter may impose on its users an administrative
fee of not more than 5 percent of the fees paid to the State Board of
Equalization during the previous quarter pursuant to Section 48000.
(b) Administrative fees imposed pursuant to subdivision (a) shall
reflect, to the extent feasible, the actual costs of collecting and
accounting for fees paid to the State Board of Equalization.