[HISTORY: Adopted by the Board of Commissioners of York County 1-30-1991 by Ord. No.
91-2. Amendments noted where applicable.]
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.
FACILITY
FAMILY FARM ENTERPRISE
LOCAL EMERGENCY PLANNING COMMITTEE
LOCAL GOVERNMENT
SARA, TITLE III
SERVICE STATION
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
The local committee, within this county, responsible for
preparing hazardous material plans and performing other functions
under SARA, Title III.
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.
The Emergency Planning and Community Right to Know Act of
1986 (Title III, Public Law 99-499, 42 U.S.C. § 11001 et
seq.).
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).
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.