Section 25174.8

(a) The fee provided for in Section 25205.5 does not apply to any of the following:

(1) (A) Hazardous waste that results when a governmental agency, or its contractor, removes or remedies a release of hazardous waste in the state caused by another person.

(B) Notwithstanding subparagraph (A), a person responsible for a release of hazardous waste that has been removed or remedied by a governmental agency, or its contractor, shall pay the fee pursuant to Section 25205.5.

(2) Hazardous waste generated or disposed of by a public agency operating a household hazardous waste collection facility in the state pursuant to Article 10.8 (commencing with Section 25218), including, but not limited to, hazardous waste received from conditionally exempt small quantity commercial generators authorized pursuant to Section 25218.3.

(3) Hazardous waste disposed of, or submitted for disposal or treatment, that is generated by a person and that is discovered and separated from solid waste as part of a load checking program.

(4) Hazardous waste that is used oil collected from the public and generated by a used oil collection center certified by the Department of Resources Recycling and Recovery pursuant to Section 48660 of the Public Resources Code.

(b) The fee exemptions provided in paragraphs (2) and (4) of subdivision (a) shall continue to apply to the hazardous waste that is eligible for the exemption, even if the waste is transferred, consolidated, or bulked and subsequently included on a manifest along with other nonexempt hazardous waste.

(c) This section applies to the generation and handling fees imposed pursuant to subdivision (a) of Section 25205.5 for hazardous waste generated on or before December 31, 2022.