Md. Code Regs. 26.26.01.04 - Fees
A. The Community
Right-to-Know Fund is generated by a combination of:
(1) Annual fees paid by facilities that are
required to report to the State Emergency Response Commission or to an LEPC
under §§ 312 and 313 of the federal Act;
(2) Penalties, fines, or both, paid by
facilities for violations of the Act; and
(3) Unused LEPC grant monies that have been
returned to the Department.
B. Fees shall be calculated as specified
below:
(1) The fees shall be a fixed
application fee and a scaled fee for inventory and release reports submitted
under §§ 312 and 313 of the federal Act;
(2) There is a separate application fee for:
(a)
§ 312 Emergency and Hazardous Chemical
Inventory reporting; and
(b)
§ 313
Toxic Release Inventory reporting;
(3) An application fee may not be greater
than $100 per facility, or a maximum of $1,000 for a person with multiple
facilities in Maryland;
(4) Fees
for the inventory amounts of each extremely hazardous substance submitted under
§ 312 of the federal Act shall be:
(a) $100
for amounts less than 100 pounds;
(b) $200 for amounts between 100 and 999
pounds;
(c) $400 for amounts
between 1,000 and 9,999 pounds;
(d)
$800 for amounts between 10,000 and 99,999 pounds;
(e) $1,000 for amounts between 100,000 and
999,999 pounds; and
(f) $1,000 for
amounts greater than 1,000,000 pounds;
(5) The fees for the inventory amounts of
each hazardous chemical reported under § 312 of the federal Act shall be:
(a) $200 for amount less than 100,000
pounds;
(b) $400 for amounts
between 100,000 and 999,999 pounds;
(c) $800 for amounts between 1,000,000 pounds
and 9,999,999 pounds; and
(d)
$1,000 for amounts greater than 10,000,000 pounds; and
(6) Fees for reports filed under § 313 of the
federal Act shall be:
(a) $100 for each Form A
submitted;
(b) $200 for each Form R
submitted; or
(c) $400 for each
form submitted for a persistent, bioaccumulative, or toxic substance.
C. Maximum fees shall
be paid by owner/operators as specified in the governing statute.
D. The maximum fee for each owner/operator of
a facility subject to reporting requirements under the federal Act, except as
otherwise exempted by the State governing statute, shall be for cumulative
amounts due under §§ 312 and 313 reporting for each calendar year.
E. Each owner/operator of a facility subject
to reporting requirements under the federal Act shall remit fees as calculated
in Regulation .04 in accordance with the following schedule:
(1) Amounts due pursuant to §B(2)(a), (4),
and (5) of this regulation shall be remitted to the Department not later than
March 1 of each year; and
(2)
Amounts due pursuant to §B(2)(b) and (6) of this regulation shall be remitted
to the Department not later than July 1 of each year.
F. Payment of all fees under this chapter
shall be in the form of a personal check, cashier's check, or money order made
payable to the Department.
Notes
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