Imperial County Municipal Code Ch. 8.48 Hazardous Waste Facility User Fees

As used in this chapter, the following words shall be defined as follows:

"Disposal" is as defined in Health and Safety Code Section 25113.

"Hazardous waste" is as defined in Health and Safety Code Section 25117.

"Hazardous waste facility" is as defined in Health and safety Code Section 25173.5.

"Site operator" is as defined in Title 22, California Administrative Code, Section 66144.

"Uniform hazardous waste manifest" is as defined in Health and Safety Code Section 25160.

(Prior code § 60600)

If the provisions of the Health and Safety Code or the California Administrative Code referred to in Section 8.48.010 are amended and/or recodified, the respective references shall be deemed to be similarly revised in Section 8.48.010.

(Prior code § 60601)

A user fee is imposed on all hazardous waste facilities in Imperial County. The user fee shall be effective January 1, 1988.

(Prior code § 60621)

The amount of user fee imposed by Section 8.48.030 shall be up to but not exceeding ten (10) percent of the hazardous waste facilities' annual gross receipts for the treatment, storage or disposal of hazardous waste at such facilities as determined by the board of supervisors to the provisions of Section 8.48.060.

(Prior code § 60622)

A. "Gross receipts", as used in this chapter, means the amount of the following: the gross tonnage brought to the site for treatment, storage or disposal as it is weighed on site multiplied by the dollar value of the charge per ton that the site operator charges its customers. Where the site operator treats, stores or disposes of materials brought from another location to the site for its own account, "gross receipts" includes the dollar value of the charge per ton the site operator customarily charges its customers for treatment, storage or disposal of like materials.

B. In determining the tonnage of hazardous waste subject to user fee, the operator of an existing hazardous waste facility may rely on the uniform hazardous waste manifest for the facility required by law, but such reliance does not relieve the site operator of its duties to pay the user fee required pursuant to this chapter.

(Prior code § 60623)

A. The board of supervisors, by resolution, shall establish the amount of the user fee to be collected pursuant to this division, on a semi-annual basis, to be effective on January 1st and July 1st of each fiscal year.

B. Semi-annually, the county executive officer shall estimate the amount of the user fee needed to be collected by the county. The county executive officer shall determine the cost of funding all activities reasonably necessary for the county to carry out all its duties related to the regulation and monitoring of the operations of the hazardous waste facilities located in the county, including but not limited to, the costs of the county's departments of planning, public works, health, emergency services, air pollution control, county counsel, sheriff, county executive office, auditor-controller and the clerk of the board of supervisors, and the board of supervisors itself, and reasonably necessary for the support of the county's fire and emergency response capabilities and emergency medical services, as provided for by Health and Safety Code Section 25173.5. In or before December and June of each fiscal year, the county executive office shall report to the board of supervisors its findings for approval of a new user fee to become effective on January 1st and July 1st respectively, of that year by adoption by resolution of the board.

C. In making findings and recommendations for the establishment of the amount of user fees be collected on a semi-annual basis, the county executive officer may recommend the collection of such fees in an amount that may exceed actual future expenditures and policies and procedures for returning unexpended funds to site operators on an equitable basis.

(Prior code § 60624)

A. User fees are due and payable each quarter of each calendar year. Payments shall be made within forty-five (45) days after the close of each quarter. Each payment shall be based upon the waste delivered to the site during the three calendar months immediately preceding that quarter in which payment is made.

B. User fee payments not received by the county within thirty (30) days of the date due shall be deemed delinquent and shall be subject to penalty assessment of two percent per month payable on collection of the principal amount due.

C. Site operators shall keep records of all gross receipts attributable to the site, and all uniform hazardous waste manifest documents, which record and documents shall be available for inspection by the county or its designees at any time during regular business hours at officially designated locations.

D. The county executive officer shall have the authority to propose and establish policies and procedures for the payment of user fee and the maintenance of records by site operators. Such policies and procedures shall be approved by the board of supervisors.

(Prior code § 60630)