(a) (1) Each facility required to report to the State Hazardous Materials Emergency Response Commission under the provisions of 42 U.S.C. §§ 11022 and 11023, shall pay the following annual fees to the State Office of Hazardous Materials Emergency Management:
(A) For each facility required to file one (1) or more hazardous chemical inventory reports under 42 U.S.C. § 11022, an annual fee of fifty dollars ($50.00), and an additional fee of ten dollars ($10.00) for each report filed annually, with a maximum limit of one thousand dollars ($1,000) annually for each reporting facility; and
(B) For each facility required to file one (1) or more toxic chemical release forms under the provisions of 42 U.S.C. § 11023, an annual fee of three hundred dollars ($300) and an additional fee of fifty dollars ($50.00) for each report, with a maximum limit of one thousand dollars ($1,000) annually for each reporting facility.
(2) Any business or other outlet which sells gasoline, diesel, and other motor fuel only at retail to the public shall be exempt from paying the fees outlined in this subsection.
(b) The commission shall periodically assess the adequacy of the fees established in this section, and may, through the public hearing process, modify the fees imposed for each individual report, not to exceed the stated maximum limit for each reporting facility as indicated in subsection (a) of this section.
(c) Reports under the provisions of 42 U.S.C. §§ 11022 and 11023 shall be submitted to the office in accordance with, and within the specified time frames of the the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq., and shall include a company check issued by the facility or its parent corporation for the appropriate amount of each submission, as specified in this section, and the check shall be made payable to the office.
(d) Any facility or person failing to provide the reports and pay the fees, as specified in this section, shall be liable for civil penalties in such amount as the office shall find appropriate, not to exceed ten thousand dollars ($10,000) per violation, and for payment of any expenses reasonably incurred by the state therefrom.
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