Md. Code Regs. 26.26.01.04

Current through Register Vol. 51, No. 21, October 18, 2024

Section 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.

Md. Code Regs. 26.26.01.04