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Any facility required to annually file a Tier II report with the SCDHEC Bureau of Air Quality, and by extension, the Greenville County LEPC, shall be covered by this article and must pay a hazardous substance user fee according to the following schedule. The listed fees are per chemical or substance reported in the Tier II report. The Tier II report must be submitted prior to March 1 of each year. A listing of facilities, mailing addresses, and applicable fees will be provided by the LEPC to the Greenville County Department of General Services, Financial Operations Division, by April 15th. The Financial Operations Division shall create Hazardous Substance User Fee Invoices. Hazardous Substance User Fee Invoices shall be mailed no later than June 1st.
$25 per Hazardous Substance
$50 per Extremely Hazardous Substance
The maximum total fee for any facility reporting under Tier II shall be $2,500.
(Ord. 4295, § 5, passed 6-16-2009)
Under EPCRA Section 311 the following chemicals are exempt from the reporting requirements and as such shall be excluded from this article:
(1) Any food, food additive, color additive, drug or cosmetic regulated by the Food and Drug Administration (“FDA”).
(2) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.
(3) Any substance to the extent it is used for personal, family, and household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public.
(4) Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual. Substances such as fuel oil, natural gas, etc. used for normal facility operations are not exempt. Exterior storage of TPQ or above are not exempt.
(5) Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer. Pesticides and Herbicides are not exempt for retailers. Agricultural hazardous substances that are being transported over a public highway to an agricultural location are not exempt.
(Ord. 4295, § 6, passed 6-16-2009)
All fees collected shall be paid to the Greenville County Treasurer and placed in an account established exclusively for use by the LEPC. The funds generated by this article will be disbursed in accordance with a budge developed annually by the LEPC and adopted by Greenville County Council. Prior to Greenville County Council’s adoption of the recommended LEPC budget, the following procedure shall be utilized:
(A) The Greenville County LEPC will propose a budget to the Greenville County Office of Emergency Management for review and recommendation.
(B) The recommended budget will be submitted to Greenville County Council for approval.
(C) The LEPC’s proposed budget must identify an intended operational plan and the specific use of the funds, including but not limited to:
(1) Long-term planning and development of a county-wide emergency notification system(s);
(2) Use of funds for hazardous substance training and/or equipment;
(3) Use of funds for Community Awareness activities related to emergency preparedness and safety; and
(4) Administrative/Personnel costs of administering the collection and disposition of fees.
(Ord. 4295, § 8, passed 6-16-2009)
A facility regulated by this article that disagrees with the assessment of the hazardous substances user fee may appeal the assessment to the County Administrator or his designee. A user fee may be appealed only by payment in full of the user fee under protest by August 1 of the billing year. A written Notice of appeal must be recorded by the Greenville County Administrator’s Office no later than August 15 of the billing year and be accompanied by a $25 fee that will be used to partially defray the cost incurred in connection with the administration of appeals. This fee will be refunded in the event of final resolution in favor of the Appellant.
(Ord. 4295, § 9, passed 6-16-2009)
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