Senate Bill No. 201–Committee on Natural Resources

 

CHAPTER..........

 

AN ACT relating to hazardous materials; revising the limitations on the amount of certain fees that the State Emergency Response Commission may impose; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. NRS 459.744 is hereby amended to read as follows:

    459.744  [1.] The Commission shall establish by regulation:

    [(a)] 1.  A schedule of fees for its services and regulatory

activities. The fees must be set at an amount which approximates the

cost to the Commission of performing those services and activities.

    [(b)] 2.  A fee, not to exceed [$5,000]$15,000 per year, to be

paid by each person who stores an extremely hazardous material in

an amount greater than the threshold planning quantity established

for such material in 40 C.F.R. Part 355, Appendix A or B. The fee

must include:

        [(1)] (a) A filing fee for each facility in which such material

is stored; and

        [(2)] (b) A surcharge for each ton of such material stored in

excess of 1 ton,

and must be paid on or before March 1 of each year for the

preceding calendar year.

    [(c)] 3.  A fee, not to exceed $2,000 per year, to be paid by each

person who manufactures for transport an extremely hazardous

material in an amount greater than the threshold planning quantity

established for such material in 40 C.F.R. Part 355, Appendix A or

B. The fee must include:

        [(1)] (a) A filing fee for each facility in which such material

is manufactured; and

        [(2)] (b) A surcharge for each ton of such material which is

manufactured for transport in this state,

and must be paid on or before January 31 of each year for the

preceding calendar year.

    [(d)] 4.  A reporting fee of $500 to be paid by each person who

is required to submit a toxic chemical release form pursuant to 42

U.S.C. §§ 11001 et seq., which becomes due upon the filing of the

form.

    [2.  The Commission shall not require any person to pay more

than $5,000 in fees imposed pursuant to subsection 1 for any

calendar year.]

 

 

    Sec. 2.  This act becomes effective on July 1, 2003.

 

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