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<br />Sixtieth <br />Legislative Assembly <br />1 b. The county treasurer of each county shall establish a nonlapsing restricted <br />2 account, to be known as the county hazardous chemicals preparedness and <br />3 response account. The county hazardous chemicals preparedness and <br />4 response account consists of revenue from the state hazardous chemicals <br />5 fee system, county, federal or state funds, grants, and any private donations <br />6 provided to finance the county hazardous chemicals preparedness and <br />7 response program. <br />8 c. Each owner and operator of a facility, as defined in SARA title III, shall pay an <br />9 annual hazardous chemicals fee to the division of homeland security by <br />10 March first of each year. The fee is twenty-five dollars for each chemical <br />11 within the meaning of 40 CFR 355.20 or its successor which is required under <br />12 section 312 of SARA title III, to be listed on the hazardous chemical inventory <br />13 form (tier II) which the owner or operator must submit to the division. The <br />14 federal requirements must be used for completing the tier II form, including <br />15 the threshold amounts, as outlined in 40 CFR 370.20. The maximum fee for <br />16 a facility under this section is one hundred fifty dollars. The division of <br />17 homeland security shall transfer to the county hazardous chemicals <br />18 preparedness and response account one-half of the funds collected from the <br />19 state's hazardous chemicals fee system. <br />20 d. The owners or operators of family farm enterprises that are not engaged in <br />21 the retail or wholesale of hazardous chemicals and facilities owned by the <br />22 state or local governments are exempt from the fee under subdivision c. For <br />23 purposes of this section, the terms "family farm" and "farmer" have the same <br />24 meaning as set forth in section 6-09.11-01. <br />25 e. The state and county govemments are authorized to accept and may deposit <br />26 grants, gifts, and federal funds into the hazardous chemicals preparedness <br />27 and response fund and accounts for the purpose of carrying out the <br />28 hazardous chemicals preparedness and response pregFeffl programs to <br />29 include trainina. exercising. equipment. response. and salaries. <br />30 f. "Hazardous chemical" means as defined in 40 CFR 355.20 and 29 CFR <br />31 1910.1200. <br /> <br />Page No. 7 <br /> <br />78078.0300 <br />