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HomeHealth and Safety CodeDiv. 26Pt. 6Ch. 5§ 44380 District Fee Recovery Rules

§ 44380 District Fee Recovery Rules

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 44380 District Fee Recovery Rules

Key Takeaways

  • •Facilities that release harmful chemicals must pay fees to cover the cost of tracking and managing those chemicals.
  • •The fee amount is based on how much harmful stuff a facility releases and how dangerous it is.
  • •If a facility doesn’t pay the fee on time, they can get fined extra or even lose their permit to operate.
  • •The money collected goes to the state to help pay for programs that keep the air clean and safe.

Example

A factory releases chemicals into the air while making products.

The factory has to pay a fee based on how much and what kind of chemicals it releases. If the factory doesn’t pay the fee within 60 days, it gets fined extra. If it still doesn’t pay after 120 days, the factory could lose its permit and have to pay even more to get it back.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 44380 District Fee Recovery Rules

(a) The state board shall adopt a regulation which does all of the following: (1) Sets forth the amount of revenue which the district must collect to recover the reasonable anticipated cost which will be incurred by the state board and the Office of Environmental Health Hazard Assessment to implement and administer this part. (2) Requires each district to adopt a fee schedule which recovers the costs of the district and which assesses a fee upon the operator of every facility subject to this part, except as specified in subdivision (b) of Section 44344.4. A district may request the state board to adopt a fee schedule for the district if the district’s program costs are approved by the district board and transmitted to the state board by April 1 of the year in which the request is made. (3) Requires any district that has an approved toxics emissions inventory compiled pursuant to this part by August 1 of the preceding year to adopt a fee schedule, as described in paragraph (2), which imposes on facility operators fees which are, to the maximum extent practicable, proportionate to the extent of the releases identified in the toxics emissions inventory and the level of priority assigned to that source by the district pursuant to Section 44360. (b) Commencing August 1, 1992, and annually thereafter, the state board shall review and may amend the fee regulation. (c) The district shall notify each person who is subject to the fee of the obligation to pay the fee. If a person fails to pay the fee within 60 days after receipt of this notice, the district, unless otherwise provided by district rules, shall require the person to pay an additional administrative civil penalty. The district shall fix the penalty at not more than 100 percent of the assessed fee, but in an amount sufficient in its determination, to pay the district’s additional expenses incurred by the person’s noncompliance. If a person fails to pay the fee within 120 days after receipt of this notice, the district may initiate permit revocation proceedings. If any permit is revoked, it shall be reinstated only upon full payment of the overdue fee plus any late penalty, and a reinstatement fee to cover administrative costs of reinstating the permit. (d) Each district shall collect the fees assessed pursuant to subdivision (a). After deducting the costs to the district to implement and administer this part, the district shall transmit the remainder to the Controller for deposit in the Air Toxics Inventory and Assessment Account, which is hereby created in the General Fund. The money in the account is available, upon appropriation by the Legislature, to the state board and the Office of Environmental Health Hazard Assessment for the purposes of administering this part. (e) For the 1997–98 fiscal year, air toxics program revenues for the state board and the Office of Environmental Health Hazard Assessment shall not exceed two million dollars ($2,000,000), and for each fiscal year thereafter, shall not exceed one million three hundred fifty thousand dollars ($1,350,000). Funding for the Office of Environmental Health Hazard Assessment for conducting risk assessment reviews shall be on a fee-for-service basis. (Amended by Stats. 1996, Ch. 602, Sec. 7. Effective January 1, 1997.)

Last verified: January 24, 2026

Key Terms

pollutionregulationobligationenvironmentalterminationtoxicemissionhealth

Related Statutes

  • § 42705.5 Community Air Monitoring Rules
  • § 41982 Toxic Waste Incineration Permits
  • § 42301.17 Agricultural Emission Permit Exemption
  • § 42504 New Source Review Standards
  • § 43700 Diesel Emissions Reduction Standards

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 44380.
View Official Source