BILLING_PRE 2019 - Laserfiche WebLink

Home Browse Search

STATE OF CALIFORNIA—ENVIRONMENTAL POOTECTIC ENCY u `` PETE WILSON,Governor DEPARTMENT OF TOXIC SUBSTANCES CONTROL Region 4 X45 West Broadway,Suite 350 Long Beach,CA 90802-4444 December 27, 1995 To: All Po ential CUPA Applicants SUBJECT: HAZARDOUS WASTE GENERATOR FEE OFFSET Businesses which generate hazardous waste in the state pay hazardous waste gjenerator fees to the Department of Toxic Substances Control (DISC) . Many local governments also charge businesses similair fees under local hazardous waste management ordinances. Busi esses in these jurisdictions are currently able to offset the amo nt of fees paid to local governments against the fees due to t e state under the provisions of Revenue and Taxation Code sec ions 43152.7 (c) and 43152. 11 (c) , if the localm government has a emoranduOf Understanding (MOU) concerning hazardous walte m nagement with DISC. The impemen ation of the Unified Hazardous Waste and Hazardous Ma erial Management Regulatory Program (Unified Program) will chin e the ability of businesses to offset these fees. Hazardous w ste management guidelines are now provided to local goverx",-- -t i the form of statute (Heath and Safety Code Chapter 6. 11) 1 and regulations (California Code of Regulations, Title 27) and will be implemented locally through certification of a local Certifid Unified Program Agency (CUPA) . The MOUS will be superseded ,by the Unified Program upon certification of a CUPA. Therefore, throughout the state will lose the ability to take thJusinesses s fee credit. DTSC's generator fees are not "fee for service" types of revenue which are esignated solely to fund services provided directly to the fe payer. Rather, they are deposits into the Hazardous Waste Co rol Account where, along with other fees, they fund a variet of services to the entire regulated community and public at large. In recognition of the generator fee's role in funding a wide v riety of state services, the legislature did not eliminate these fees upon the establishment of a CUPA as they did with the state iered permitting fees and the underground tank surcharge fees The legislature did not believe that the Unified Program would replace those services that were funded by the generator fees and allowed for the continuation of those services. i The issue of a replacement program for the existing generator fee offse program is of great importance to businesses and local governmen S. A different, but related issue, is a provision in SB 1222 (Calderon) of 1995 which tasks DTSC with n