Fees, certain employers, how much, due when, latepenalty--deductions--excess credited when--agencies receivingfunds, duties--use of funds, commission to establish criteria.
292.606. 1. Fees shall be collected for a period of twenty yearsfrom August 28, 1992.
2. (1) Any employer required to report under subsection 1 of section292.605, except local governments and family-owned farm operations, shallsubmit an annual fee to the commission of one hundred dollars along withthe Tier II form. Owners or operators of petroleum retail facilities shallpay a fee of no more than fifty dollars for each such facility. Anyperson, firm or corporation selling, delivering or transporting petroleumor petroleum products and whose primary business deals with petroleumproducts or who is covered by the provisions of chapter 323, RSMo, if suchperson, firm or corporation is paying fees under the provisions of thefederal hazardous materials transportation registration and fee assessmentprogram, shall deduct such federal fees from those fees owed to the stateunder the provisions of this subsection. If the federal fees exceed or areequal to what would otherwise be owed under this subsection, such employershall not be liable for state fees under this subsection. In relation topetroleum products "primary business" shall mean that the person, firm orcorporation shall earn more than fifty percent of hazardous chemicalrevenues from the sale, delivery or transport of petroleum products. Forthe purpose of calculating fees, all grades of gasoline are considered tobe one product, all grades of heating oils, diesel fuels, kerosenes,naphthas, aviation turbine fuel, and all other heavy distillate productsexcept for grades of gasoline, are considered to be one product, and allvarieties of motor lubricating oil are considered to be one product. Forthe purposes of this section "facility" shall mean all buildings,equipment, structures and other stationary items that are located on asingle site or on contiguous or adjacent sites and which are owned oroperated by the same person. If more than three hazardous substances ormixtures are reported on the Tier II form, the employer shall submit anadditional twenty-dollar fee for each hazardous substance or mixture. Feescollected under this subdivision shall be for each hazardous chemical onhand at any one time in excess of ten thousand pounds or for extremelyhazardous substances on hand at any one time in excess of five hundredpounds or the threshold planning quantity, whichever is less, or forexplosives or blasting agents on hand at any one time in excess of onehundred pounds. However, no employer shall pay more than ten thousanddollars per year in fees. Except moneys acquired through litigation shallnot apply to this cap;
(2) Employers engaged in transporting hazardous materials by pipelineexcept local gas distribution companies regulated by the Missouri publicservice commission shall pay to the commission a fee of two hundred fiftydollars for each county in which they operate;
(3) Payment of fees is due each year by March first. A late fee often percent of the total owed, plus one percent per month of the total, maybe assessed by the commission;
(4) If, on March first of each year, fees collected under thissection and natural resources damages made available pursuant to section640.235, RSMo, exceed one million dollars, any excess over one milliondollars shall be proportionately credited to fees payable in the succeedingyear by each employer who was required to pay a fee and who did pay a feein the year in which the excess occurred. The limit of one million dollarscontained herein shall be reviewed by the commission concurrent with thereview of fees as required in subsection 1 of this section.
3. Local emergency planning committees receiving funds under section292.604 shall coordinate with the commission and the department in chemicalemergency planning, training, preparedness, and response activities. Localemergency planning committees receiving funds under this section, section260.394, RSMo, sections 292.602, 292.604, 292.605, 292.615 and section640.235, RSMo, shall provide to the commission an annual report ofexpenditures and activities.
4. Fees collected by the department and all funds provided to localemergency planning committees shall be used for chemical emergencypreparedness purposes as outlined in sections 292.600 to 292.625 and thefederal act, including contingency planning for chemical releases;exercising, evaluating, and distributing plans, providing training relatedto chemical emergency preparedness and prevention of chemical accidents;identifying facilities required to report; processing the informationsubmitted by facilities and making it available to the public; receivingand handling emergency notifications of chemical releases; operating alocal emergency planning committee; and providing public notice of chemicalpreparedness activities. Local emergency planning committees receivingfunds under this section may combine such funds with other local emergencyplanning committees to further the purposes of sections 292.600 to 292.625,or the federal act.
5. The commission shall establish criteria and guidance on how fundsreceived by local emergency planning committees may be used.
Fees, certain employers, how much, due when, latepenalty--deductions--excess credited when--agencies receivingfunds, duties--use of funds, commission to establish criteria.
292.606. 1. Fees shall be collected for a period of twenty yearsfrom August 28, 1992.
2. (1) Any employer required to report under subsection 1 of section292.605, except local governments and family-owned farm operations, shallsubmit an annual fee to the commission of one hundred dollars along withthe Tier II form. Owners or operators of petroleum retail facilities shallpay a fee of no more than fifty dollars for each such facility. Anyperson, firm or corporation selling, delivering or transporting petroleumor petroleum products and whose primary business deals with petroleumproducts or who is covered by the provisions of chapter 323, RSMo, if suchperson, firm or corporation is paying fees under the provisions of thefederal hazardous materials transportation registration and fee assessmentprogram, shall deduct such federal fees from those fees owed to the stateunder the provisions of this subsection. If the federal fees exceed or areequal to what would otherwise be owed under this subsection, such employershall not be liable for state fees under this subsection. In relation topetroleum products "primary business" shall mean that the person, firm orcorporation shall earn more than fifty percent of hazardous chemicalrevenues from the sale, delivery or transport of petroleum products. Forthe purpose of calculating fees, all grades of gasoline are considered tobe one product, all grades of heating oils, diesel fuels, kerosenes,naphthas, aviation turbine fuel, and all other heavy distillate productsexcept for grades of gasoline, are considered to be one product, and allvarieties of motor lubricating oil are considered to be one product. Forthe purposes of this section "facility" shall mean all buildings,equipment, structures and other stationary items that are located on asingle site or on contiguous or adjacent sites and which are owned oroperated by the same person. If more than three hazardous substances ormixtures are reported on the Tier II form, the employer shall submit anadditional twenty-dollar fee for each hazardous substance or mixture. Feescollected under this subdivision shall be for each hazardous chemical onhand at any one time in excess of ten thousand pounds or for extremelyhazardous substances on hand at any one time in excess of five hundredpounds or the threshold planning quantity, whichever is less, or forexplosives or blasting agents on hand at any one time in excess of onehundred pounds. However, no employer shall pay more than ten thousanddollars per year in fees. Except moneys acquired through litigation shallnot apply to this cap;
(2) Employers engaged in transporting hazardous materials by pipelineexcept local gas distribution companies regulated by the Missouri publicservice commission shall pay to the commission a fee of two hundred fiftydollars for each county in which they operate;
(3) Payment of fees is due each year by March first. A late fee often percent of the total owed, plus one percent per month of the total, maybe assessed by the commission;
(4) If, on March first of each year, fees collected under thissection and natural resources damages made available pursuant to section640.235, RSMo, exceed one million dollars, any excess over one milliondollars shall be proportionately credited to fees payable in the succeedingyear by each employer who was required to pay a fee and who did pay a feein the year in which the excess occurred. The limit of one million dollarscontained herein shall be reviewed by the commission concurrent with thereview of fees as required in subsection 1 of this section.
3. Local emergency planning committees receiving funds under section292.604 shall coordinate with the commission and the department in chemicalemergency planning, training, preparedness, and response activities. Localemergency planning committees receiving funds under this section, section260.394, RSMo, sections 292.602, 292.604, 292.605, 292.615 and section640.235, RSMo, shall provide to the commission an annual report ofexpenditures and activities.
4. Fees collected by the department and all funds provided to localemergency planning committees shall be used for chemical emergencypreparedness purposes as outlined in sections 292.600 to 292.625 and thefederal act, including contingency planning for chemical releases;exercising, evaluating, and distributing plans, providing training relatedto chemical emergency preparedness and prevention of chemical accidents;identifying facilities required to report; processing the informationsubmitted by facilities and making it available to the public; receivingand handling emergency notifications of chemical releases; operating alocal emergency planning committee; and providing public notice of chemicalpreparedness activities. Local emergency planning committees receivingfunds under this section may combine such funds with other local emergencyplanning committees to further the purposes of sections 292.600 to 292.625,or the federal act.
5. The commission shall establish criteria and guidance on how fundsreceived by local emergency planning committees may be used.
Fees, certain employers, how much, due when, latepenalty--deductions--excess credited when--agencies receivingfunds, duties--use of funds, commission to establish criteria.
292.606. 1. Fees shall be collected for a period of twenty yearsfrom August 28, 1992.
2. (1) Any employer required to report under subsection 1 of section292.605, except local governments and family-owned farm operations, shallsubmit an annual fee to the commission of one hundred dollars along withthe Tier II form. Owners or operators of petroleum retail facilities shallpay a fee of no more than fifty dollars for each such facility. Anyperson, firm or corporation selling, delivering or transporting petroleumor petroleum products and whose primary business deals with petroleumproducts or who is covered by the provisions of chapter 323, RSMo, if suchperson, firm or corporation is paying fees under the provisions of thefederal hazardous materials transportation registration and fee assessmentprogram, shall deduct such federal fees from those fees owed to the stateunder the provisions of this subsection. If the federal fees exceed or areequal to what would otherwise be owed under this subsection, such employershall not be liable for state fees under this subsection. In relation topetroleum products "primary business" shall mean that the person, firm orcorporation shall earn more than fifty percent of hazardous chemicalrevenues from the sale, delivery or transport of petroleum products. Forthe purpose of calculating fees, all grades of gasoline are considered tobe one product, all grades of heating oils, diesel fuels, kerosenes,naphthas, aviation turbine fuel, and all other heavy distillate productsexcept for grades of gasoline, are considered to be one product, and allvarieties of motor lubricating oil are considered to be one product. Forthe purposes of this section "facility" shall mean all buildings,equipment, structures and other stationary items that are located on asingle site or on contiguous or adjacent sites and which are owned oroperated by the same person. If more than three hazardous substances ormixtures are reported on the Tier II form, the employer shall submit anadditional twenty-dollar fee for each hazardous substance or mixture. Feescollected under this subdivision shall be for each hazardous chemical onhand at any one time in excess of ten thousand pounds or for extremelyhazardous substances on hand at any one time in excess of five hundredpounds or the threshold planning quantity, whichever is less, or forexplosives or blasting agents on hand at any one time in excess of onehundred pounds. However, no employer shall pay more than ten thousanddollars per year in fees. Except moneys acquired through litigation shallnot apply to this cap;
(2) Employers engaged in transporting hazardous materials by pipelineexcept local gas distribution companies regulated by the Missouri publicservice commission shall pay to the commission a fee of two hundred fiftydollars for each county in which they operate;
(3) Payment of fees is due each year by March first. A late fee often percent of the total owed, plus one percent per month of the total, maybe assessed by the commission;
(4) If, on March first of each year, fees collected under thissection and natural resources damages made available pursuant to section640.235, RSMo, exceed one million dollars, any excess over one milliondollars shall be proportionately credited to fees payable in the succeedingyear by each employer who was required to pay a fee and who did pay a feein the year in which the excess occurred. The limit of one million dollarscontained herein shall be reviewed by the commission concurrent with thereview of fees as required in subsection 1 of this section.
3. Local emergency planning committees receiving funds under section292.604 shall coordinate with the commission and the department in chemicalemergency planning, training, preparedness, and response activities. Localemergency planning committees receiving funds under this section, section260.394, RSMo, sections 292.602, 292.604, 292.605, 292.615 and section640.235, RSMo, shall provide to the commission an annual report ofexpenditures and activities.
4. Fees collected by the department and all funds provided to localemergency planning committees shall be used for chemical emergencypreparedness purposes as outlined in sections 292.600 to 292.625 and thefederal act, including contingency planning for chemical releases;exercising, evaluating, and distributing plans, providing training relatedto chemical emergency preparedness and prevention of chemical accidents;identifying facilities required to report; processing the informationsubmitted by facilities and making it available to the public; receivingand handling emergency notifications of chemical releases; operating alocal emergency planning committee; and providing public notice of chemicalpreparedness activities. Local emergency planning committees receivingfunds under this section may combine such funds with other local emergencyplanning committees to further the purposes of sections 292.600 to 292.625,or the federal act.
5. The commission shall establish criteria and guidance on how fundsreceived by local emergency planning committees may be used.
