Browse Arkansas Code titles and sections
12-84-106. Fees.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-84-106. Fees.
(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 amoun
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-84-106
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Stable record: arkansas_code:legal_authorities:12-84-106
Source file: gov.ar.code.title.12.odt
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Passage SHA-256: 7aa776340e1552d5ccef752c1e37d14f3023965a65d3c7e00768cbd316bbea28
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12-84-106. Fees.
(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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of State emergency response commissions** Not later than six months after October 17, 1986, the Governor of each State shall appoint a State emergency response commission. The Governor may designate as the State emergency response commission one or more existing emergency response organizations that are State-sponsored or appointed. The Governor shall, to the extent practicable, appoint persons to the State emergency response commission who have technical expertise in the emergency response field. The State emergency response commission shall appoint local emergency planning committees under subsection (c) and shall supervise and coordinate the activities of such committees. The State emergency response commission shall establish procedures for receiving and processing requests from the public for information under [section 11044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11044&num=0&edition=prelim), including tier II information under [section 11022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11022&num=0&edition=prelim). Such procedures shall include the designation of an official to serve as coordinator for information. If the Governor of any State does not designate a State emergency response commission within such period, the Governor shall operate as the State emergency response commission until the Governor makes such designation.
**(b) Establishment of emergency planning districts** Not later than nine months after October 17, 1986, the State emergency response commission shall designate emergency planning districts in order to facilitate preparation and implementation of emergency plans. Where appropriate, the State emergency response commission ma
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11001
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 11001. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 8094
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10904
Commonwealth of Puerto Rico, Guam, Amer-
ican Samoa, the Virgin Islands, the Common-
wealth of the Northern Mariana Islands, the
Marshall Islands, the Federated States of Mi-
cronesia, and Palau.
(Pub. L. 99–425, title VI, § 604, Sept. 30, 1986, 100
Stat. 976; Pub. L. 101–501, title V, § 502, Nov. 3,
1990, 104 Stat. 1256.)
Editorial Notes
AMENDMENTS
1990—Par. (1). Pub. L. 101–501, § 502(1), substituted ‘‘130
percent of the lower living standard income level’’ for
‘‘poverty line, as defined in section 9902(2) of this title’’.
Pars. (2) to (4). Pub. L. 101–501, § 502(2), (3), added par.
(2) and redesignated former pars. (2) and (3) as (3) and
(4), respectively.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–501 effective Oct. 1, 1990,
see section 1001(a) of Pub. L. 101–501, set out as a note
under section 8621 of this title.
EFFECTIVE DATE
Section effective Oct. 1, 1986, see section 1001 of Pub.
L. 99–425, set out as an Effective Date of 1986 Amend-
ment note under section 8621 of this title.
§ 10904. Annual report by States; contents; man-
ner of payments pursuant to grants
(a) Reporting
Each State receiving grants under this chap-
ter shall annually submit to the Secretary infor-
mation on the number of eligible individuals as-
sisted under the grant program, and their posi-
tions and salaries before and after receiving the
Child Development Associate credential.
(b) Payments
Payments pursuant to grants made under this
chapter may be made in installments, and in ad-
vance or by way of reimbursement, with nec-
essary adjustments on account of overpayments
or underpayments, as the Secretary may deter-
mine.
(Pub. L. 99–425, title VI, § 60
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11001
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 11001. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Basic requirement**
(1) The owner or operator of any facility which is required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 [[29 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) et seq.] and regulations promulgated under that Act shall prepare and submit an emergency and hazardous chemical inventory form (hereafter in this chapter referred to as an “inventory form”) to each of the following:
(A) The appropriate local emergency planning committee.
(B) The State emergency response commission.
(C) The fire department with jurisdiction over the facility.
(2) The inventory form containing tier I information (as described in subsection (d)(1)) shall be submitted on or before March 1, 1988, and annually thereafter on March 1, and shall contain data with respect to the preceding calendar year. The preceding sentence does not apply if an owner or operator provides, by the same deadline and with respect to the same calendar year, tier II information (as described in subsection (d)(2)) to the recipients described in paragraph (1).
(3) An owner or operator may meet the requirements of this section with respect to a hazardous chemical which is a mixture by doing one of the following:
(A) Providing information on the inventory form on each element or compound in the mixture which is a hazardous chemical. If more than one mixture has the same element or compound, only one listing on the inventory form for the element or compound at the facility is necessary.
(B) Providing information on the inventory form on the mixture itself.
**(b) Thresholds** The Administrator may establish threshold quantities for haz
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11022
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 11022. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 8101
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 11022
Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is clas-
sified principally to chapter 15 (§ 651 et seq.) of Title 29,
Labor. For complete classification of this Act to the
Code, see Short Title note set out under section 651 of
Title 29 and Tables.
§ 11022. Emergency and hazardous chemical
inventory forms
(a) Basic requirement
(1) The owner or operator of any facility which
is required to prepare or have available a mate-
rial safety data sheet for a hazardous chemical
under the Occupational Safety and Health Act
of 1970 [29 U.S.C. 651 et seq.] and regulations pro-
mulgated under that Act shall prepare and sub-
mit an emergency and hazardous chemical in-
ventory form (hereafter in this chapter referred
to as an ‘‘inventory form’’) to each of the fol-
lowing:
(A) The appropriate local emergency plan-
ning committee.
(B) The State emergency response commis-
sion.
(C) The fire department with jurisdiction
over the facility.
(2) The inventory form containing tier I infor-
mation (as described in subsection (d)(1)) shall
be submitted on or before March 1, 1988, and an-
nually thereafter on March 1, and shall contain
data with respect to the preceding calendar
year. The preceding sentence does not apply if
an owner or operator provides, by the same
deadline and with respect to the same calendar
year, tier II information (as described in sub-
section (d)(2)) to the recipients described in
paragraph (1).
(3) An owner or operator may meet the re-
quirements of this section with respect to a haz-
ardous chemical which is a mixture by doing one
of the following:
(A) Providing information on the inventory
form on each element or compound in the mix-
ture which is a hazardous chemical. If more
t
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11022
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 11022. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Basic requirement** The owner or operator of a facility subject to the requirements of this section shall complete a toxic chemical release form as published under subsection (g) for each toxic chemical listed under subsection (c) that was manufactured, processed, or otherwise used in quantities exceeding the toxic chemical threshold quantity established by subsection (f) during the preceding calendar year at such facility. Such form shall be submitted to the Administrator and to an official or officials of the State designated by the Governor on or before July 1, 1988, and annually thereafter on July 1 and shall contain data reflecting releases during the preceding calendar year.
**(b) Covered owners and operators of facilities**
(1) **In general**
(A) The requirements of this section shall apply to owners and operators of facilities that have 10 or more full-time employees and that are in Standard Industrial Classification Codes 20 through 39 (as in effect on July 1, 1985) and that manufactured, processed, or otherwise used a toxic chemical listed under subsection (c) in excess of the quantity of that toxic chemical established under subsection (f) during the calendar year for which a release form is required under this section.
(B) The Administrator may add or delete Standard Industrial Classification Codes for purposes of subparagraph (A), but only to the extent necessary to provide that each Standard Industrial Code to which this section applies is relevant to the purposes of this section.
(C) For purposes of this section—
(i) The term “manufacture” means to produce, prepare, import, or compound a toxic chemical.
(ii) The term “process” means the preparation of a toxic chemical, after its manufacture, for distribution in commerce—
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11023
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 11023. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 8103
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 11023
Subsec. (e)(4). Pub. L. 115–270, § 2018(b)(2), added par.
(4).
§ 11023. Toxic chemical release forms
(a) Basic requirement
The owner or operator of a facility subject to
the requirements of this section shall complete
a toxic chemical release form as published under
subsection (g) for each toxic chemical listed
under subsection (c) that was manufactured,
processed, or otherwise used in quantities ex-
ceeding the toxic chemical threshold quantity
established by subsection (f) during the pre-
ceding calendar year at such facility. Such form
shall be submitted to the Administrator and to
an official or officials of the State designated by
the Governor on or before July 1, 1988, and annu-
ally thereafter on July 1 and shall contain data
reflecting releases during the preceding calendar
year.
(b) Covered owners and operators of facilities
(1) In general
(A) The requirements of this section shall
apply to owners and operators of facilities
that have 10 or more full-time employees and
that are in Standard Industrial Classification
Codes 20 through 39 (as in effect on July 1,
1985) and that manufactured, processed, or
otherwise used a toxic chemical listed under
subsection (c) in excess of the quantity of that
toxic chemical established under subsection (f)
during the calendar year for which a release
form is required under this section.
(B) The Administrator may add or delete
Standard Industrial Classification Codes for
purposes of subparagraph (A), but only to the
extent necessary to provide that each Stand-
ard Industrial Code to which this section ap-
plies is relevant to the purposes of this sec-
tion.
(C) For purposes of this section—
(i) The term ‘‘manufacture’’ means to
produce, p
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11023
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 11023. This identifies an authority to review, not proof of applicability.