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ORDINANCE NO.
1139
AN ORDINANCE
AMENDING ORDINANCE NO. 914
WHICH ESTABLISHED A HAZARDOUS SUBSTANCES USER FEE
TO BE UTILIZED TO TRAIN PERSONNEL,
PURCHASE SPECIALIZED EMERGENCY RESPONSE EQUIPMENT,
AND IMPROVE THE HAZARDOUS SUBSTANCES RESPONSE CAPABILITY
WITHIN CHARLESTON COUNTY.
WHEREAS, the General Assembly
of South Carolina, in enacting South Carolina Code S4-9-25,
has authorized counties to enact regulations, resolutions
and ordinances in order to safeguard the health, security
and general welfare of their citizens; and
WHEREAS, the General Assembly
of South Carolina, in enacting South Carolina Code S4-9-30,
has authorized counties to assess uniform service charges
for public safety; to implement and enforce the powers
granted to counties; and to provide penalties for violations
thereof not to exceed the penalties imposed by Magistrates
Court; and
WHEREAS, Charleston County
Government, acting by and through its County Council, is
empowered to enact and amend Ordinance 914 which regulates
Hazardous Substances User Fees in Charleston County.
NOW, THEREFORE, BE IT ORDAINED BY CHARLESTON COUNTY
COUNCIL:
SECTION I. Findings
It is hereby found and
declared by Charleston County Council, the governing body of
Charleston County, South Carolina as follows:
A. The storage, handling,
and dispensing of hazardous substances in Charleston
County has the potential for creating a dangerous situation
that may adversely affect the health, safety and general
welfare of the citizens of the County.
B. There is the need to
utilize and take advantage of the existing data base
concerning the location and use of hazardous substances in
Charleston County.
C. It is important to identify
those facilities that pose a significant risk to the
community. This shall be accomplished by determining those
facilities that:
1. under SARA, Title III,
annually submit to the local fire services, the LEPC and the
SERC, Tier II reports concerning hazardous chemicals which
the facility stores; and
2. must maintain an
Underground Storage Tank Operating Permit, pursuant to the
South Carolina Underground Storage Tank Regulations (SCUSTR
R.61-92).
This determination is to
ensure that the location of these facilities is known in
case of an emergency.
D. Information provided to the
County through implementation of this Ordinance will be used
to protect Charleston County citizens and emergency response
personnel from the detrimental effects of the explosion,
fire, or release of hazardous substances.
E. The implementation of a
hazardous substances user fee will generate the funds
necessary to provide a County-wide comprehensive response
capability to the hazardous substances problem, and such fee
is authorized by South Carolina Code S4-9-30(5) , which
Section permits the County to establish uniform user fees.
F. The implementation of a
comprehensive hazardous substance response capability in the
County necessitates the training of personnel and the
purchase of specialized equipment to combat hazardous
substances emergencies in the County.
G. In the event of a hazardous
substances emergency, it is necessary to be able to provide
proper and effective planning and response which
specifically addresses the particular hazardous substance or
substances being released.
SECTION II. Scope
This Ordinance shall apply to
all substances within Charleston County that, if
accidentally released, may pose a threat or be harmful to
human health, safety, animals, crops, water systems or other
elements of the environment. Substances so designated
may include, but are not limited to, explosives, radioactive
materials, etiologic agents, flammable and combustible
liquids, solids and gases, poisons, oxidizing substances,
and corrosive substances.
SECTION III. Definitions
For the purposes of this Ordinance, the following
definitions shall apply:
A. "Hazardous Substances
(HS)" means any chemical substance in liquid, solid, or
gas form that, if accidentally released, may pose a
threat or risk or be harmful to human health, safety,
animals, crops, water systems, or other elements of the
environment. Substances so designated may include, but are
not limited to, explosives, radioactive materials, etiologic
agents, flammable and combustible liquids, solids and gases,
poisons, oxidizing substances, and corrosive substances.
B. "Extremely hazardous
substances (EHS)" are those substances designated
as such by the Administrator of the United Stated
Environmental Protection Agency as listed in Title 40, Part
355 of the U.S. Code of Federal Regulations.
C. "Facility" means all
buildings, equipment, and other fixed structures that
are located on a single site, or on contiguous or adjacent
sites, and which are owned or operated by one person or
entity (or by any person or entity which controls, is
controlled by, or under common control with, such person
or entity). "Facility"
includes man-made and natural structures in and from which
chemicals are intentionally placed or removed, thus
rendering such structures chemical depositories.
D. " Emergency Preparedness Division (EPD)"
is a department of Charleston
County Government charged with coordinating available
resources to plan and prepare for, and respond to and
recover from, major community-wide emergencies. EPD also
coordinates the
"Knox
Box"
program and receives copies of all Tier II reports and plans
on behalf of the LEPC for which the EPD Director serves as
Committee Coordinator.
E. "Local Emergency Planning Committee (LEPC)"
appointed by the State Emergency Response Commission (SERC).
F. Tier II Report: Under SARA, Title III within
the State of South Carolina, any facility located in
Charleston County which stores, at any time during the
calendar year, 10,000 pounds or more of a hazardous
substance, or threshold planning quantities (TPQ) or more of
an extremely hazardous substance.
G. "Hazardous Materials
Division (HMD)":
is a division of Charleston Government charged with
receiving Tier II reports from facilities required to report
under SARA, Title III within the County; administering the
collection of fees under this Ordinance; training personnel
in hazardous materials response; providing technical
expertise at hazardous material incidents; and assisting EPD
with coordination at hazardous material incidents.
H. Underground Storage Tank (UST) Permit: Pursuant
to the South Carolina Underground Storage Tank Regulation (SCUSTR)
R.61-92, Part 280, any person who operates an underground
storage tank system, as described and defined in the
aforesaid regulations.
SECTION IV. - Reporting Requirements
A. Tier II Report: any
facility located in Charleston County which stores, at any
time during the calendar year, 10,000 pounds or more of a
hazardous substance, or threshold planning quantities (TPQ)
or more of an extremely hazardous substance, must submit, by
March 1 of the following year, a Tier II report to the
facility's jurisdictional fire department, the Charleston
County LEPC, the South Carolina SERC, and to the Charleston
County Hazardous Materials Division.
B. Underground Storage Tank
Permit: any person who operates an underground storage
tank system, as described and defined above, will be
assesses a flat annual fee by July 1 of each year. For
persons who operate more than one facility requiring a UST
Operating Permit, fees will be assessed on a per location
basis. The County must receive the payment for such bill no
later than August 1 of each year. Any fees not submitted by
August 31 of the same billing year shall be collected
through the same manner as prescribed by law for the
collection of other fees or as specified in this Ordinance.
SECTION V. - Hazardous Substances User Fee Schedule
Any facility which stores
substances covered by this Ordinance must annually file a
Tier II report with the Charleston County LEPC and pay a
hazardous substance user fee according to the following
schedules. 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.
Any facility that meets more than one of the reporting,
will be assessed a single fee in accordance with the
following hierarchy:
Tier II Report
UST Permit
For example, a facility which submits a Tier II report
and possesses a UST permit will only be assessed a fee in
accordance with their Tier II submittal.
* Category 1 - Extremely Hazardous Substances
Total average daily amounts pursuant to Tier II Report:
(01) Less than 99 lbs. $ 50
(02) 100-999 lbs. 75
(03) 1,000-9,999 lbs. 100
(04) 10,000-99,999 lbs. 150
(05) 100,000-999,999 lbs. 200
(06) Greater than 1,000,000 lbs. 300
* Category 2 - Hazardous Substances
Total average daily amounts pursuant to Tier II Report :
(01,02,03) - Less than 10,000 lbs. $ 50
(04) 10,000-99,999 lbs. 100
(05) 100,000-999,999 lbs. 200
(06) Greater than 1,000,000 lbs. 300
The maximum total fee for any facility reporting under
Tier II: $8,000
Flat Annual Fee for UST Permits (PER LOCATION): $ 300
SECTION VI. - Hazardous Substances User Fee
Exemptions
For purposes of this Ordinance
only, the term "hazardous substances" does not include:
A. Any food, food additive,
color additive, drug, or cosmetic regulated by the Food and
Drug Administration.
B. 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.
C. Any substance to the extent
it is used for personal, family, or household purposes, or
is present in the same form and concentration as a product
packaged for distribution and use by the general public.
D. 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.
E. 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. Agricultural hazardous substances that are being
transported over a public highway to an agricultural
location are NOT exempt.
SECTION VII. - Mandatory Information System
A. All facilities who
submit a Tier II Report affected by this Ordinance are
required to install and maintain a "Knox Box"
at a location readily available to emergency personnel in
case of a hazardous substances incident. The only facilities
exempted from the "Knox Box"
requirement are fuel and fuel oil retail distributors, or
persons who are not subject to Tier II reporting but possess
a UST permit. Exceptions to the "Knox Box"
requirement may be obtained in writing from the Hazardous
Materials Division with approval by the local Fire Chief and
in accordance with the guidelines established by the LEPC.
B. "Knox Boxes"
shall be installed and operational within 12 months
following the receipt of the first Tier II Report by
Charleston County Hazardous Materials Division. Charleston
County Hazardous Materials Division, in conjunction with the
Charleston County Emergency Preparedness Department, will be
responsible for verifying the information contained in the
"Knox Box";
with the facility owner.
C. The "Knox Box"
will be required to contain the following items: a facility
map, emergency contacts, material safety data sheet (MSDS)
information or its location, emergency response plan, and
the location of emergency equipment. The facility owner
shall keep these items current.
SECTION VIII. - Marking of Hazardous and Extremely
Hazardous Substances Storage Areas
All facilities affected by
this Ordinance who submit a Tier II Report are
required to clearly mark containers or areas where hazardous
substances are stored in order to increase the effectiveness
and safety of first response personnel. Use of the NFPA 704
marking system is required.
SECTION IX. - Enforcement and Administration
The Charleston County Hazardous Materials Division will
be responsible for overseeing and implementing the
administration of this Ordinance.
SECTION X. - Disposition of Fees Collected
All fees collected shall be
paid to the County Treasurer and placed in an account
established exclusively for hazardous substance purposes.
The funds generated by this
Ordinance will be disbursed in accordance with a budget
adopted annually by the Charleston County Council. Prior to
Charleston County Council's adoption of the recommended
Hazardous Materials Division's
budget, the following procedure shall be utilized:
A. The Charleston County
Hazardous Materials Division will propose a budget to the
LEPC and the Charleston County Fire Chiefs for review and
recommendation.
B. The recommended budget will
be submitted to the Charleston County Council for approval.
C. The Charleston County
Hazardous Materials Division's
proposed budget must identify an intended operational plan
and the specific use of the funds, including a detailed
analysis of 1) how the funds will be used to purchase
equipment to combat hazardous substances accidents; 2) how a
hazardous substances response capability will be maintained;
and 3) how necessary training for combating hazardous
substances incidents will be provided.
SECTION XI. - Reimbursement
In the event of a spill or
release of any hazardous or extremely hazardous substance
which would require any resources in Charleston County to be
committed, the party or parties responsible for such
incident, including any facility covered by a Mutual Aid
Agreement, shall pay all costs incurred by Charleston
County, and/or any other duly-authorized responding agency
in its efforts to mitigate any risk to life, property and/or
the environment caused by the incident. Cost recovery shall
include incidents not located at a facility as defined in
this Ordinance if Charleston County resources have been
expended at the incident. Charges shall be assessed based on
the base salary of the responding agency's
employees, responding agency's
vehicles (transportation), and other specialized materials
and/or machinery used during the operation. Charges for
special equipment, including, but not limited to, backhoes,
bulldozers and aircraft shall be based on the actual cost
incurred including, but not limited to, salaries, fringe
benefits and depreciation.
Costs incurred shall be
presented to the Incident Commander at the conclusion of
each incident, and a formal request for payment shall be
supplied to the Incident Commander within a reasonable time
after the conclusion of the incident, such date to be
determined by the Incident Commander. Charges shall be
collected by the responding agency, or by the Charleston
County Hazardous Materials Division if requested to do so by
the Incident Commander. If the Incident Commander of the
authorized responding agency wishes to prepare such
reimbursement, the County will submit a "costs incurred"
bill to the Incident Commander.
SECTION XII. - Violation and Penalties
Any facility or person
violating any provision of this Ordinance shall be guilty of
a misdemeanor and subject to all applicable civil and/or
criminal fines. Each violation shall be considered a
separate offense.
Failure to pay all or any part
of the correct hazardous substance user fee by August 1 of
each year will result in a 5 percent late penalty of the
unpaid fee each month or portion thereof after the due date
until paid. Penalties shall not exceed 100 percent of the
original hazardous material user fee. If a facility or
person fails to make full payment, including late fees after
60 days, the Hazardous Materials Division may proceed to
collect in the same manner as prescribed by law for the
collection of other fees.
Failure to pay the hazardous
materials user fee may also result in a criminal proceeding.
If a matter is brought in criminal court, upon conviction,
the maximum penalty is $500 and/or 30 days
imprisonment, and restitution of the hazardous materials
user fee.
SECTION XIII. - Right to Hearing/Appeals
A facility regulated by this
Ordinance that disagrees with the assessment of the
hazardous substances user fee may appeal the assessment to
the Business License/User Fee Appeals Board. 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 received by the Business License/User Fee
Appeals Board no later than August 15 of the billing year
and be accompanied by a $25.00 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 of the appeal in favor of the
Appellant.
SECTION XIV. - Separability
If any section, subsection or clause of this Ordinance is
found to be unconstitutional or otherwise invalid, the
validity of the remaining sections, subsections and clauses
shall not be affected thereby.
SECTION XV. - Effective Date
Adopted this 6th day of June, 2000.
Ordinance1139
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