Section § 48000

Explanation

If you run a waste disposal facility, you need to pay quarterly fees to the State, based on how much garbage you handle. The current base fee is $1.34 per ton but can't go above $1.40 unless you're in a special program. From July 2012, an extra $0.12 per ton is added if your landfill is part of the State's special fund for managing landfill closure and problems. However, this extra fee only applies if enough landfills that handle at least half of the 2010's total waste sign up by early 2012.

The Department in charge will inform the State Board about any rate changes or about whether the extra fee is activated. Plus, they make sure all fees collected are paid correctly.

(a)CA Public Resources Code § 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)Copy CA Public Resources Code § 48000(b)
(1)Copy CA Public Resources Code § 48000(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)CA Public Resources Code § 48000(b)(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)CA Public Resources Code § 48000(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)CA Public Resources Code § 48000(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)Copy CA Public Resources Code § 48000(e)
(1)Copy CA Public Resources Code § 48000(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)CA Public Resources Code § 48000(e)(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).

Section § 48001

Explanation

This law states that after covering refunds and administrative collection costs, the money from certain fees is placed into a special account called the Integrated Waste Management Account. This account is part of a larger fund.

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.

Section § 48001.5

Explanation

This California statute explains how money from specific fees related to waste management is handled. After covering refunds and the cost of collection, this money goes into a special fund called the State Solid Waste Postclosure and Corrective Action Trust Fund.

The fund is used for several activities that help manage solid waste, like fixing problems (corrective action), managing waste sites after they close (postclosure activities), and covering administrative expenses. Additionally, start-up costs related to the implementation of the waste management program before the fees started coming in are also covered by this fund.

(a)CA Public Resources Code § 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)CA Public Resources Code § 48001.5(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)CA Public Resources Code § 48001.5(b)(1) Corrective action and postclosure activities pursuant to subdivision (b) of Section 48011.
(2)CA Public Resources Code § 48001.5(b)(2) Administrative costs incurred by the board in implementing Article 2.1.
(3)CA Public Resources Code § 48001.5(b)(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.

Section § 48002

Explanation

This law instructs the state board to create rules and regulations to implement Section 48000. These rules should cover how collections are handled, what reporting is required, how refunds are processed, and how appeals are conducted.

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.

Section § 48003

Explanation

This rule states that the state board can't use more than half a percent of the total money it receives or expects to receive in a fiscal year for administrative purposes related to this chapter in that same year.

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.

Section § 48004

Explanation

In California, money in a specific account is set aside to support recycling and waste management efforts, particularly by the Department of Resources Recycling and Recovery. This includes tasks the state and regional water boards perform at solid waste disposal sites. The aim is to ensure there's enough funding each year to cover regulatory activities at landfills without double-charging fees to those disposing of waste, as long as certain fee waiver conditions are met. However, if not enough money is collected or the budget gets cut, funding for these programs will be reduced equally across the board.

(a)CA Public Resources Code § 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)CA Public Resources Code § 48004(a)(1) The administration and implementation of this division by the Department of Resources Recycling and Recovery.
(2)CA Public Resources Code § 48004(a)(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)CA Public Resources Code § 48004(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)CA Public Resources Code § 48004(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.

Section § 48005

Explanation

This law explains that any money the board receives must go into the Integrated Waste Management Account. The funds can only be used for specified purposes as determined by the Legislature. If there’s no specific purpose mentioned, the money should be used for the general goals of this division, except for Part 6, which is funded differently through certain fees.

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.

Section § 48006

Explanation

This law allows the board to waive all fees for operators of small solid waste landfills that take in an average of less than five tons of waste per day.

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.

Section § 48007

Explanation

This law states that recycled materials and certain inert wastes, like rock and concrete, that are taken out of the regular trash (waste stream) and not dumped in a landfill don't have to pay certain fees. Inert waste can be used to help fix up (reclaim) old or current areas where surface mining has happened, as long as the work is officially approved. Fees won’t apply if the waste is used for these purposes. Note that any waste considered dangerous or a health hazard doesn’t count as inert waste here. This rule stays until new regulations replace it, at which point it will be repealed unless changed by future laws.

(a)CA Public Resources Code § 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)CA Public Resources Code § 48007(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)CA Public Resources Code § 48007(b)(1) A reclamation plan approved pursuant to Section 2774.
(2)CA Public Resources Code § 48007(b)(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)CA Public Resources Code § 48007(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)CA Public Resources Code § 48007(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.

Section § 48007

Explanation

This law specifies that recycled materials and inert waste, when taken out of the waste stream and not dumped in a landfill, won't be counted for certain fee purposes outlined in another section. It will only be in effect once specific regulations are established by the board.

(a)CA Public Resources Code § 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)CA Public Resources Code § 48007(b) This section shall become operative on the operative date of the regulations adopted by the board pursuant to Section 48007.5.

Section § 48007.5

Explanation

This law requires that by January 1, 2004, a board must create regulations to oversee how construction and demolition waste, as well as certain non-reactive waste, are managed at mine reclamation sites. It ensures these wastes are handled responsibly and establishes rules for their management.

'Inert waste' is defined as it was in 2002, referring to waste materials that don't easily decompose or react, like concrete or asphalt.

(a)CA Public Resources Code § 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)CA Public Resources Code § 48007.5(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.

Section § 48008

Explanation

If a landfill operator in California charges a state fee for waste management, they can also add a small fee (up to 5%) to their service users. This extra charge is meant to cover the costs of handling the state's fee. The added fee should ideally match the actual costs of managing this financial process.

(a)CA Public Resources Code § 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)CA Public Resources Code § 48008(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.