A county hazardous material emergency response account is hereby established in the Office of the County Treasurer and shall be known as the "County of York Haz-Mat Emergency Response Fund." Said account shall be a nonlapsing, restricted account and shall be considered to have been in existence since February 6, 1991. Said account shall consist of revenue from the fees authorized by §§
43-4 and
43-5 of this chapter, together with any other county, federal or state funds, grants, loans or penalties and any private donations provided to finance this county's hazardous material safety program. No moneys may be expended from this fund until the county hazardous material emergency response preparedness assessment is approved, annually, by the Council.
[Amended 1-12-2000 by Ord. No. 2000-01]
By March 1, 1991, and March 1 of every year thereafter, each
owner or operator of a facility located in York County shall pay to
the County Treasurer a local hazardous chemical fee of $75 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 York County Local
Emergency Planning Committee on or before March 1 of each year. This
fee is to be paid within 30 days of the date of invoice.
By March 1, 1991, and March 1 of every year thereafter, each
owner or operator of a facility, located in York County, that manufactures,
produces, uses, stores, supplies or distributes any extremely hazardous
substance in quantities larger than the threshold planning quantities
listed in 40 CFR 355, or its successor, shall pay to the County Treasurer
an emergency planning fee of $100. This fee is to be paid within 30
days of the date of invoice.
The county, acting through its County Commissioners, upon the recommendation(s) of its Local Emergency Planning Committee, shall grant a facility owner or operator up to one-hundred-percent credit toward any local hazardous chemical fee obligation under §
43-4 or emergency planning fee obligation under §
43-5 for training, equipment or other in-kind services donated to the county to support the county's hazardous materials safety program if such training, equipment or in-kind services are accepted by the County of York upon the recommendation(s) of its Local Emergency Planning Committee, not later than March 15, 1991, and March 15 of every year thereafter. The credit shall be based on the fair market value of the equipment donated and the agreed-upon value of training or in-kind services donated.
In accordance with § 207(j) of the Act, the local hazardous chemical fee and emergency planning fee, established by §§
43-4 and
43-5 of this chapter, shall terminate 10 years after the effective date of the Act unless reestablished by the Pennsylvania General Assembly by statute.
The owners or operators of family farm enterprises and service stations and facilities owned by state and local governments shall be exempt from the payment of the fees established under §§
43-4 and
43-5 of this chapter.
Any owner or operator of a facility who or which fails to comply with either §
43-4 or
43-5 of this chapter will be subject to a civil penalty of at least $1,000, up to $25,000, for each day of violation. Other penalties as prescribed in Act 165 may also apply to other types of violations.