Current through Register Vol. XLI, No. 50, December 13, 2024
5.1. All facilities required to submit annual hazardous chemical inventory forms required by-Sections 312 of Title III, 42 U.S.C. 11022, shall pay the fees set forth in this section. All fees collected shall be deposited into a subaccount of die SERC and may only be used for purposes authorized by W. Va. Code § 15-5A-1 et seq.5.2. A facility shall pay the following fees when submitting annual hazardous chemical inventory forms as required under Sections 312 of Title III, 42 U.S.C. 11022. All annual fees imposed by this Section 5 of this rule shall be payable to file SERC on or before the first day of March of each year.5.2.a. A base inventory fee of twenty-five dollars ($25.00) for each facility. Depending on the type of facility, the following inventory fees shall also apply: 5.2.a.1. An owner or operator of a facility subject to inventory reporting which has present in excess of five hazardous chemicals in an amount equal to or above the threshold quantity shall pay an additional annual inventory filing fee of ten ($10) dollars per hazardous chemical for each hazardous chemical in excess of five. This fee does not apply if file hazardous chemical reported on the hazardous chemical inventory form is also an extremely hazardous substance to which the additional annual inventory filing fee is imposed by Section 5.2.a.2 of this rule.5.2.a.2. An owner or operator of a facility subject to inventory reporting shall pay an additional annual inventory filing fee of fifty ($50) dollars per extremely hazardous substance for each extremely hazardous substance reported on the hazardous chemical inventory form.5.2.a.3. An owner or operator of an oil and gas extraction storage facility who is required to submit a hazardous chemical inventory form must only submit one base inventory fee for reporting up to thirty-five (35) oil and gas extraction storage facilities. For every facility which is reported by an owner or operator of an oil and gas extraction storage facility which would exceed thirty five (35) facilities for that owner or operator, an additional filing fee of ten dollars ($10.00) shall be paid by file owner or operator for every facility over thirty five of this type of facility reported by that owner or operator.5.3. An owner or operator of a facility, who is subject to this rule and who fails to submit the annual inventory filing fee by the deadline established in subsection 5.3. of this rule each year shall pay to the SERC, in addition to the fees owed as described in section 5.3.a of this rule, a late fee equal to twenty percent (20%) of the total fees due and owing the SERC.5.4. In no event shall the total annual fees imposed on any one facility exceed the fees established under the provisions of W. Va. Code § 15-5 A-5(j), exclusive of file late fee imposed by Section 5.4 of this rule.5.5. A municipal corporation of this state which operates two or more facilities which are subject to the annual inventory filing fees imposed by this subsection may aggregate the fees for all such facilities and remit such fees with one reporting form as though all such facilities constituted a single facility.