Header:
PENNSYLVANIA STATUTES
TITLE 35. HEALTH AND SAFETY
CHAPTER 29E. HAZARDOUS MATERIAL EMERGENCY PLANNING AND RESPONSE ACT
CHAPTER 2. HAZARDOUS MATERIAL PROTECTION
Date:
08/31/2009
Document:
§ 6022.207. Establishment of funds
(a) HAZARDOUS MATERIAL RESPONSE FUND.--
(1) There is hereby created in the State Treasury a nonlapsing
restricted account to be known as the Hazardous Material Response Fund.
The fund shall consist of the fees collected under subsections (c), (d)
and (e), civil penalties and fines and funds appropriated by the
General Assembly. Moneys in the fund and the interest which accrues
shall be appropriated annually to PEMA for disbursement and shall be
used to carry out the purposes, goals and objectives of SARA, Title
III, and the Commonwealth's hazardous material safety program.
(2) PEMA shall administer and allocate moneys in the fund, including
all interest generated therein, in the following manner:
(i) Up to 10% may be expended on training programs.
(ii) Up to 10% may be expended for public and facility owner
education, information and participation programs.
(iii) Up to 10% may be used for the general administrative and
operational expenses of this act.
(iv) The remaining revenue in the fund shall be used as grants to
support the activities of counties under this act, as described in
section 208.
(b) COUNTY EMERGENCY RESPONSE FINANCING.--
(1) The treasurer of each county shall establish a nonlapsing
restricted account to be known as the Hazardous Material Emergency
Response Account. The account shall consist of revenue from fees
authorized by this section, county, Federal or State funds, grants,
loans or penalties and any private donations provided to finance the
hazardous material safety program. Expenditures from the account shall
be authorized by the county consistent with the needs identified in the
periodic report prepared in accordance with guidelines established by
PEMA. The Hazardous Material Emergency Response Account shall also be
utilized by the local emergency planning committee to resolve cost
recovery disputes that arise between a person who causes a release of a
hazardous material and a volunteer emergency services organization when
acting in support of a certified hazardous material response team in
accordance with this act. Each volunteer services organization is
eligible to receive from the Hazardous Material Emergency Response
Account up to $ 1,000 per response to cover expenses related to a
response if the person who causes a release of a hazardous material
cannot be identified or is financially unable to pay costs as defined
in section 210(b)
(2) By March 1 of each year, each owner or operator of a facility shall
pay to the county treasurer where the facility is located a local
hazardous chemical fee of from $ 35 to $ 75, as established by the
county by ordinance, for each hazardous chemical within the meaning of
29 CFR 1910.1200(c) or its successor which is required by section 312
of SARA, Title III, to be listed on the hazardous chemical inventory
form (Tier II) which the owner or operator of the facility submits to
the local emergency planning committee. Counties shall grant facility
owners up to 100% credit toward their chemical fee obligation under
this section for training, equipment or other in-kind services donated
to the county to support the hazardous material safety program if such
training, equipment or in-kind services are accepted by the county.
The credit shall be based on the fair market value of equipment donated
and the agreed-upon value of training or in-kind services donated.
(3) Counties may establish a program to provide funding through the
Hazardous Material Emergency Response Account for certified hazardous
material response teams serving the county. This grant program shall
not be bound by any dollar limits on assistance to local fire
protection services imposed by other statutes.
(c) HAZARDOUS CHEMICAL FEE.-- Each owner or operator of a facility shall pay a fee, to be known as a hazardous chemical fee, of $ 10 by March 1 of each year to the council for each hazardous chemical within the meaning of 29 CFR 1910.1200(c) or its successor which is required by section 312 of SARA, Title III, to be listed on the hazardous chemical inventory form (Tier II) which the owner or operator of the facility submits to the council. The fees collected under this subsection shall be deposited by the council into the Hazardous Material Response Fund.
(d) TOXIC CHEMICAL REGISTRATION FEE.-- Each owner or operator of a facility that submits a toxic chemical release form to the Department of Labor and Industry on or before July 1, 1990, as required by section 313 of SARA, Title III, shall pay a $ 1,000 registration fee to the Department of Labor and Industry. The registration fees collected under this subsection shall be deposited by the Department of Labor and Industry into the Hazardous Material Response Fund. The Department of Labor and Industry may retain up to 10% of the fees collected for administration of the program and management of the data collected.
(e) TOXIC CHEMICAL RELEASE FORM FEE.-- Each owner or operator of a facility shall pay a fee of $ 250 on or before July 1, 1991, and the first day of July of every year thereafter, to the Department of Labor and Industry for each toxic chemical which is required by section 313 of SARA, Title III, to be listed on the toxic chemical release form which the owner or operator of the facility submits to the Department of Labor and Industry. The cumulative amount of this fee shall not exceed $ 5,000 per facility. The fees collected under this subsection shall be deposited by the Department of Labor and Industry into the Hazardous Material Response Fund. The Department of Labor and Industry may retain up to 10% of the fees collected for administration of the program and management of the data collected.
(f) EMERGENCY PLANNING FEE.-- By March 1 of each year, each owner or operator of a facility that manufactures, produces, uses, stores, supplies or distributes any extremely hazardous substance in quantities larger than the threshold planning quantities shall be required to pay to the county treasurer where the facility is located an emergency planning fee of up to $ 100 as established by the county by ordinance. Counties shall grant facility owners up to 100% credit toward any emergency planning fee obligation under this section for training, equipment or other in-kind services donated to the county to support the hazardous material safety program if such training, equipment or in-kind services are accepted by the county, in addition to those for which a credit is claimed under subsection (b)(2). The credit shall be based on the fair market value of equipment donated and the agreed-upon value of training or in-kind services donated.
(g) EXEMPTIONS.-- The owners or operators of family farm enterprises, service stations and facilities owned by State and local governments shall be exempt from payment of the fees required under subsections (b), (c), (d), (e) and (f).
(h) FEDERAL FUNDS, GRANTS OR OTHER GIFTS.-- The council is authorized to accept and may deposit into the Hazardous Material Response Fund grants, gifts and Federal funds for the purpose of carrying out the provisions of this act.
(i), (j) Deleted by Act 2000, Dec. 20, P.L.885, No. 121, § 1, imd. effective.
(k) TRANSPORTATION FEE STUDY.-- Within one year of the effective date of this act, the council shall report to the General Assembly on the feasibility of establishing a fee on the transporters of hazardous materials regulated under this act. The purpose of this fee would be to supplement the funds provided by fixed facility owners or operators to the Hazardous Material Response Fund.
(l) STATUS OF FUND.-- The Hazardous Material Response Fund shall not be subject to 42 Pa.C.S. Ch. 37 Subch. C (relating to judicial computer system).
|