The Bureau of Automotive Repair (BAR) regulations allow automotive repair shops to charge customers for the cost associated with handling, management and disposal of toxic wastes or hazardous materials. According to BAR, a repair shop can recover its "costs" for disposal of hazardous waste; however, this charge is not intended to be a "profit" center. Furthermore, the shop must be able to document how the cost of disposal was calculated.
Title 16 Division 33 Section 3356.1, Chapter 1, Article 7 Section 3356.1 states:
An automotive repair dealer may charge a customer for costs associated with the handling, management and disposal of toxic wastes or hazardous substances under California or federal law which directly relate to the servicing or repair of the customer's vehicle.
Such charge must be disclosed to the customer by being separately itemized on the estimate prepared pursuant to Section 9884.9 (a) of the Business and Professions Code and on the invoice prepared pursuant 9884.8 of the Bus & Prof Code. In order to assess this charge, the automotive repair dealer must note on the estimate and invoice the station's Environmental protection Agency identification number required by section 262.12 of Title 40 of the Code of Federal Regulations.
In order to charge a customer a hazardous disposal fee, the charge must be separately itemized on the estimate and invoice and the repair shop EPA number must also be on the estimate and invoice.
Additionally, if a repair shop is selling some of its waste (i.e. recycled oil), that must be taken into account when determining costs. In theory, if a repair shop is recovering more money (by selling the waste) than the actual costs of handling, management and disposal of toxic wastes or hazardous materials, then the shop would not be allowed to charge a customer for costs under Section 3356.1
Finally, remember when charging a customer for Hazardous Waste make sure you properly document such costs.
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