[HISTORY: Adopted by the Board of Commissioners of York County 1-30-1991 by Ord. No. 91-2. Amendments noted where applicable.]
GENERAL REFERENCES
Low-level radioactive waste — See Ch. 89.
Solid waste — See Ch. 103.
A. 
Whereas each county of the Commonwealth of Pennsylvania has been given the authority by Section 207 of the Hazardous Material Emergency Planning and Response Act (Act of December 7, 1990, No. 165, hereinafter referred to as the "Act")[1] to establish a hazardous material emergency response account, local hazardous chemical fee and emergency planning fee;
[1]
Editor's Note: See 35 P.S. § 6022.101 et seq.
B. 
Whereas the establishment of such an account and fees will serve to protect and safeguard the citizens of this county from the health hazards and other risks of harm resulting from or incident to the use, storage, distribution and transportation of hazardous materials by providing needed resources to the county's Local Emergency Planning Committee and emergency response organizations;
C. 
Whereas, by the adoption of this chapter, the County of York desires and intends to fully implement the pertinent provisions of the Act; and
D. 
Whereas this chapter was properly advertised and proper notice was given as required by law.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
FACILITY
All buildings, structures and other stationary items which are located on a single site or a contiguous or adjacent site which are owned or operated by the same person and which actually manufacture, produce, use, transfer, store, supply or distribute any hazardous material. The term includes railroad yards and truck terminals, but does not include individual trucks, rolling stock, water vessels, airplanes or other transportation vehicles.
FAMILY FARM ENTERPRISE
A natural person, family farm corporation or family farm partnership, engaged in farming, who or which processes and markets his or its agricultural commodities in either intrastate or interstate commerce.
LOCAL EMERGENCY PLANNING COMMITTEE
The local committee, within this county, responsible for preparing hazardous material plans and performing other functions under SARA, Title III.
LOCAL GOVERNMENT
A county, city, borough or township and any water or sewage treatment authority that is directly owned and operated by any of these entities and any public school district.
SARA, TITLE III
The Emergency Planning and Community Right to Know Act of 1986 (Title III, Public Law 99-499, 42 U.S.C. § 11001 et seq.).
SERVICE STATION
A motor vehicle service station, filling station, garage or similar operation engaged in the retail sale of motor fuels that is regulated by the Act of July 6, 1989 (P.L. 169, No. 32), known as the "Storage Tank and Spill Prevention Act,"[1] or a facility whose primary function is auto body repair.
[1]
Editor's Note: See 35 P.S. § 6021.101 et seq.
B. 
Unless the context of usage dictates otherwise, the terms and phrases of this chapter shall have the meanings accorded them by the Act, SARA, Title III, and the regulations of the United States Environmental Protection Agency.
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,[1] 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.
[1]
Editor's Note: See 35 P.S. § 6022.207(j).
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[1] may also apply to other types of violations.
[1]
Editor's Note: See 35 P.S. § 6022.101 et seq.