With the establishment of the federal Emergency Planning and Community Right to Know Act (EPCRA) and the Commonwealth of Pennsylvania's enactment of Act 165, the County of Berks has promulgated Ordinance No. 2-1991 which establishes;
"An ordinance of the County of Berks, Pennsylvania, providing for the establishment of a hazardous material emergency response account and the establishment of a local hazardous chemical fee and emergency planning fee in accordance with provisions of the Hazardous Material Planning and Response Act."
In addition, the ordinance also establishes;
"By March 1, 1991, and March 1 of every year thereafter, each owner or operator of a facility located in Berks County shall pay to the County Treasurer a local hazardous chemical fee of $75.00 for each hazardous chemical within the meaning of 29 CFR 1910.1200(c) or its successor, which is required by Section 312 of SARA Title III, to be listed on the hazardous chemical inventory form (Tier II) which the owner or operator of the facility submits to the Berks County Local Emergency Planning Committee on or before March 1 of each year."
"By March 1, 1991, and March 1 of every year thereafter, each owner or operator of a facility located in Berks County that manufactures, produces, uses, stores, supplies or distributes any extremely hazardous substance in quantities larger than the threshold planning quantities listed in 40 CFR Part 355, or its successor, shall pay to the County Treasurer an emergency planning fee of $100.00."
A comprehensive copy of ordinance 2-1991 can be found below.
Special Attention Tier II Manager Users
In order to meet the requirements of the County and State, you must complete the submittal process on both the County's program (Tier II Manager) and the State's program (PATTS). Separate payments must be made to both the County and State in order to be compliant with the associated regulations.