The Commission shall establish by regulation:

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.

2. A fee, not to exceed $15,000 per year, to be paid, except as otherwise provided in subsection 5, 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:

(a) A filing fee for each facility in which such material is stored; and

(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.

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:

(a) A filing fee for each facility in which such material is manufactured; and

(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.

4. A reporting fee, not to exceed $15,000 per year, to be paid, except as otherwise provided in subsection 5, 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.

5. A method for limiting the amount of fees established pursuant to subsections 2 and 4 so that the aggregate amount of the fees imposed on a person during any calendar year does not exceed $15,000.

(Added to NRS by 1991, 1109; A 1995, 454; 1999, 254; 2001, 904; 2003, 826; 2005, 54)