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COPYRIGHT 2006 Aspen Publishers, Inc.
The Supreme Court of California has ruled that the California Department of Toxic Substances Control (DTSC) violated the Administrative Procedure Act (APA) when it implemented a 1989 law requiring companies to pay fees to offset the regulation and control of hazardous substances. Even though the court deemed the fee system to be illegal, it did not suspend the fees because they are critical to the state's hazardous materials program. Instead, the court is giving the DTSC time to promulgate valid fee regulations under the APA. The April 24, 2006 decision was handed down in Morning Star Company v. State Board of Equalization et al. (Docket Number: S123481).
Background
Since 1989, the DTSC has assessed an annual fee on California businesses that have 50 or more employees and fall within one of the business classification codes identified annually by the department. The assessment is made under Section 25205.6 of the California Health and Safety Code.
The 2-digit standard industrial classification (SIC) codes identify corporations that use, generate, store, or conduct activities related to hazardous materials. The department reasons that materials that it regards as inherent in everyday business activity (e.g., fluorescent light bulbs, batteries, cleaning fluids, inks, correction...
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