Opinion No. (2009)

EDMUND G. BROWN JR.Attorney General TAYLOR S. CAREY Deputy Attorney General. THE HONORABLE MARSHALL RUDOLPH, COUNTY COUNSEL, COUNTY OF MONO, has requested an opinion on the following question: Is the California Department of Transportation obligated to pay the fees adopted by a Certified Unified Program Agency under the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program? CONCLUSION The California Department of Transportation is obligated to pay fees adopted by a Certified Unified Program Agency under the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program. *Page 2 ANALYSIS In 1993, the Legislature created the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program 1 to coordinate implementation of the Hazardous Waste Control Act. 2 This legislation streamlines the administrative requirements, permit requirements, inspections, and enforcement activities of six environmental and emergency response programs. 3 It is implemented at the local level by 84 government agencies certified by the Secretary of the California Environmental Protection Agency. 4 An agency certified to implement the hazardous waste unified…