§ 15242. Definitions.

The following definitions apply to section 15241 of this title:

(a) “Base rate” is an estimate of the designated agency's workload standard (amount of time) to complete a program element task for each jurisdiction for which it acts as the CUPA.

(b) “Business” or “regulated business” shall have the meaning of “regulated business” defined in section 15110 of this title.

(c) “Generator” shall have the meaning of “generator” in section 66260.10 of title 22 of the California Code of Regulations. Notwithstanding this definition, a person shall not be subject to the program element fee or the flat fee solely for reason of any of the following: generation of waste that is not transported off site; removing soil for purposes of site mitigation; removing an unexpected or extraordinary spill of hazardous materials; or removing abandoned hazardous waste that was not produced in the course of conducting his or her business. Also, no program element fee or flat fee shall be assessed for any activity that is exempt from any fee pursuant to section 25174.7 or 25205.3 of the Health and Safety Code.

(1) “Large generator” means a person who generates 500 or more tons of hazardous waste per calendar year.

(2) “Medium generator” means a person who generates at least one ton but less than 500 tons of hazardous waste per calendar year.

(3) “Small generator” means a person who generates hazardous waste in an amount less than one ton per calendar year.

(d) “Hourly fee” is the designated agency's hourly labor charge. It will be calculated by dividing 80 percent of the designated agency's net annual costs by the total estimated annual workload hours to administer the program.

(e) “Net costs” means projected costs to administer the Unified Program during the fiscal year, minus any money collected from grants, reimbursements, penalties, cost recoveries, and allocations from the Rural CUPA Reimbursement Account. Any surplus or deficit from the preceding fiscal year will be subtracted from or added to the designated agency's cost projections for the following fiscal year.

(f) “Non-recurring activities” shall include, but not be limited to, oversight of facility closure or of remedial activities, including closure or remedial activities required by an order issued by the designated agency or another government agency. “Non-recurring activities” do not include any of the following: a regulatory compliance inspection, the issuance or approval of a permit or other form of authorization, the issuance of an order for corrective action or penalties, a plan review, or any activity that is essential to carry out one or more of the foregoing regulatory activities.

(g) “Site” means real property that is owned or operated by the same person that is either contiguous or satisfies the meaning of “on site” in section 66260.10 of title 22 of the California Code of Regulations.

(h) “Tank” means a storage tank or group of storage tanks.

(1) “Large storage tank” means a storage tank or group of storage tanks with a total capacity per site of 34,000 gallons or more.

(2) “Medium storage tank” means a storage tank or group of storage tanks with a total capacity per site of at least 19,000 gallons but less than 34,000 gallons.

(3) “Small storage tank” means a storage tank or group of storage tanks with a total capacity per site of less than 19,000 gallons.

(i) Except as otherwise stated in this section, words have the meanings provided by the following authorities, in order of precedence: (1) section 25404 of the Health and Safety Code; (2) section 15110 of this title, (3) article 2 (commencing with section 25110) of chapter 6.5 of division 20 of the Health and Safety Code; and (4) section 66260.10 of title 22 of the California Code of Regulations.

HISTORY

1. New section filed 9-26-2005 as a deemed emergency pursuant to Health and Safety Code section 25404.6(c); operative 9-26-2005 (Register 2005, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-24-2006 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 1-13-2006 as a deemed emergency pursuant to Health and Safety Code section 25404.6(c), including repealer of subsection (d) and subsection relettering; operative 1-24-2006 (Register 2006, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-24-2006 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 1-13-2006 order, including amendment of section, transmitted to OAL 5-1-2006 and filed 6-13-2006 (Register 2006, No. 24).

4. Amendment of first paragraph filed 12-17-2013; operative 12-17-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 51).

Note

Note: Authority cited: Sections 25404 and 25404.6, Health and Safety Code. Reference: Sections 25404.3, 25404.5 and 25404.6, Health and Safety Code.