Kentucky Statutes 39E.050 – Fees — Trust and agency accounts — Administrative regulations
Current as of: 2024 | Check for updates
|
Other versions
(1) The commission shall institute a fee system to assist in the administration of its programs and activities at both state and local levels.
(2) (a) Any facility required to report under the provisions of this chapter shall annually submit to the commission the required fee of forty dollars ($40) no later than March 1. This paragraph shall not apply to facilities that pay a fee pursuant to paragraph (b) of this subsection.
(b) Any facility required to report under the provisions of this chapter and which meets any of the following standards shall annually submit to the commission the required fee of two hundred fifty dollars ($250) no later than March 1:
1. The facility has any of the extremely hazardous substances identified in
40 C.F.R. part 355, as amended;
2. The facility has eleven (11) or more hazardous substances as defined in
KRS § 39E.020; or
3. The facility has a total inventory of hazardous substances as defined in KRS § 39E.020 of over four hundred ninety-nine thousand nine hundred ninety-nine (499,999) pounds.
(c) If the same owner or owners own two (2) or more facilities in a single county and all of the facilities are required to submit fees pursuant to paragraph (a) of this subsection, the fees due from the owner or owners shall not exceed a total of two hundred fifty dollars ($250) for all those facilities in that county.
(d) The provisions of this subsection shall not apply to a facility owned or operated by local, state, or federal government.
(3) The funds derived from the fee system shall be placed in a trust and agency account, which shall be known as the “Kentucky Emergency Response Commission Fee Account,” and which shall not lapse. The funds in the account shall be expended only for the purpose specified in subsection (1) of this section.
(4) The commission shall promulgate administrative regulations to implement the provisions of this section, for issuance by the Division of Emergency Management.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 226, sec. 62, effective July 15, 1998.
(2) (a) Any facility required to report under the provisions of this chapter shall annually submit to the commission the required fee of forty dollars ($40) no later than March 1. This paragraph shall not apply to facilities that pay a fee pursuant to paragraph (b) of this subsection.
Terms Used In Kentucky Statutes 39E.050
- Commission: means the Kentucky Emergency Response Commission and those persons appointed by the Governor to implement provisions of Title III, Pub. See Kentucky Statutes 39E.020
- Facility: means all buildings, equipment structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person, or by any person which controls, is controlled by, or under common control with such person, and which manufactures, stores, or uses substances covered under this chapter. See Kentucky Statutes 39E.020
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) Any facility required to report under the provisions of this chapter and which meets any of the following standards shall annually submit to the commission the required fee of two hundred fifty dollars ($250) no later than March 1:
1. The facility has any of the extremely hazardous substances identified in
40 C.F.R. part 355, as amended;
2. The facility has eleven (11) or more hazardous substances as defined in
KRS § 39E.020; or
3. The facility has a total inventory of hazardous substances as defined in KRS § 39E.020 of over four hundred ninety-nine thousand nine hundred ninety-nine (499,999) pounds.
(c) If the same owner or owners own two (2) or more facilities in a single county and all of the facilities are required to submit fees pursuant to paragraph (a) of this subsection, the fees due from the owner or owners shall not exceed a total of two hundred fifty dollars ($250) for all those facilities in that county.
(d) The provisions of this subsection shall not apply to a facility owned or operated by local, state, or federal government.
(3) The funds derived from the fee system shall be placed in a trust and agency account, which shall be known as the “Kentucky Emergency Response Commission Fee Account,” and which shall not lapse. The funds in the account shall be expended only for the purpose specified in subsection (1) of this section.
(4) The commission shall promulgate administrative regulations to implement the provisions of this section, for issuance by the Division of Emergency Management.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 226, sec. 62, effective July 15, 1998.