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In accordance with the single fee system established pursuant to Health and Safety Code Section 25404.5, hazardous waste generators shall pay the following fees and charges to cover the Department's costs incurred in implementing and enforcing the program established by this Article:
(a) State Surcharge. The annual State surcharge for general program oversight, in addition to any tiered permitting service charge, as established by the Secretary of the California Environmental Protection Agency pursuant to Health and Safety Code Section 25404.5(b).
(b) Hazardous Waste Generator Fee. Hazardous waste generators subject to the program established by this Article shall pay an annual fee based upon the amount of hazardous waste generated during the preceding year. The amount of this fee is set forth in Chart I. Minimal Quantity Generator shall pay an annual fee of $87. Minimal Quantity Generator shall be exempted from the annual base fee set forth in Section 1176(h) of Article 21 of this Code. For purposes of determining this fee, the term "Minimal Quantity Generator" or "MQG" shall mean a generator that meets all of the following requirements:
(1) The quantity of hazardous waste generated by the generator does not exceed 50 pounds per month or 500 pounds per year; and
(2) Hazardous waste is not treated on site; and
(3) The generator is not required to have a hazardous materials registration pursuant to Article 21 for hazardous materials used or stored at the site.
HAZARDOUS WASTE GENERATOR FEES
HW QUANTITY GENERATED/YEAR
> 0-5 tons, other than MQG
2,000 + tons
(c) Tiered Permitting Fee. Persons operating pursuant to a permit-by-rule, conditional authorization or conditional exemption shall pay the following annual fee, based upon the type of permit, except that in the case of persons subject to more than one permitting tier at one facility, the fee for all tiered permits at that facility shall be a single fee set at the amount of the fee for the highest applicable tier:
(1) Permit-by-rule: $735;
(2) Conditional authorization: $224;
(3) Conditional exemption: $117.
(d) Inspection Fee. In administering the provisions of this Article and conducting inspections pursuant to Health and Safety Code Sections 25185 and 25185.5, the Department shall require hazardous waste generators and persons operating pursuant to a permit-by-rule, conditional authorization or conditional exemption to pay inspection and administrative fees to cover the Department's costs of any inspection (other than a routine inspection) conducted by the Department when it has reason to believe a generator is not in compliance with the hazardous waste laws and regulations. The fee for any such inspection and associated administrative activities for each hour or portion thereof for inspections performed during business hours shall be $166; and for each hour or portion thereof for inspections performed during nonbusiness hours, including Saturdays, Sundays and evenings, shall be $250.
(e) When the real property where the site is located is owned by a person other than the operator of the site, it is the operator's duty to pay any inspection and administration fees. However, in the event the operator fails to pay any inspection and administration fee as provided for in this Article, the City and County may impose a lien on the real property pursuant to the provisions of this Article and San Francisco Administrative Code, .
(f) Consultation Fee. The Director is authorized to charge a fee for Department staff to consult with regulated parties subject to this Article or their representatives concerning compliance with the requirements of this Article. The fee shall be $166.
(g) Beginning with fiscal year 2007-2008, no later than April 15 of each year, the Controller shall adjust the fees provided in this Article to reflect changes in the relevant Consumer Price Index, without further action by the Board of Supervisors. In adjusting the fees, the Controller may round these fees up or down to the nearest dollar, half-dollar or quarter-dollar. The Director shall perform an annual review of the fees scheduled to be assessed for the following fiscal year and shall file a report with the Controller no later than May 1st of each year, proposing, if necessary, an adjustment to the fees to ensure that costs are fully recovered and that fees do not produce significantly more revenue than required to cover the costs of operating the program. The Controller shall adjust fees when necessary in either case.
(Added by Ord. 193-90, App. 5/24/90; amended by Ord. 399-97, App. 10/17/97; Ord. 158-99, File No. 990761, App. 6/11//99; Ord. 175-04, File No. 040733, App. 7/22/2004; Ord. 151-08, File No. 080742, App. 7/30/2008)