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16.40.070 Hazardous Material Regulatory Fee Schedule.
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Hazardous material regulatory fees shall be based on Table 16.40.070-1. The definitions of VMC 16.40.010 shall be used to interpret Table 16.40.070-1. The fee is calculated by multiplying the number of pounds of the hazardous materials reported to the state or federal regulatory agency under the law regulating the hazardous occupancy cited in VMC 16.40.010(A) by the risk factors set forth in Table 16.40.070-1. The product of this calculation shall be multiplied by $1.10 starting January 1, 2019; multiplied by $1.20 starting January 1, 2020; and commencing on January 1, 2021, adjusted annually by the Consumer Price Index for All Urban Consumers for the Seattle area as adopted by the Bureau of Labor Statistics to arrive at the amount of the fee. The multiplier shall not otherwise be increased except by ordinance amendment. If the calculation yields a fee of less than $100.00 the hazardous materials occupancy is exempt from the certificate and fee requirements of this chapter.

Table 16.40.070-1. Hazardous Material Regulatory Fee Chart1

Risk Factor (Q)

Maximum Quantity (Pounds)

The maximum quantity is based on reports to the Washington State Dept of Ecology in the Tier Two Hazardous Material Inventory Report prepared under the Emergency Planning and Community Right to Know Act (EPCRA). 

10

0 to 99

15

100 to 999

20

1,000 to 9,999

40

10,000 to 49,999

60

50,000 to 99,999

100

100,000 to 499,999

140

500,000 to 999,999

180

≥1,000,000

1Hazards specified in the right-hand column are determined by the state or federal regulatory agency under the statutory or regulatory authority cited in VMC 16.40.010(A) for each Hazardous Material Occupancy. A substance that is classified under multiple hazard categories in Table 16.40.070-1 shall include a charge for each category in the fee calculation.

Risk Factor (H)

Chemical Hazard

The chemical hazard is based on the Washington State Dept of Ecology - Tier Two Hazardous Material Inventory Report under EPCRA.  A chemical may present more than one hazard and in such case the risk factors are added together.

10

Extremely Hazardous Substance

4

Fire Hazard

3

Sudden Release of Pressure Hazard

4

Reactive Hazard

3

Immediate (acute) Health Hazard

2

Delayed (chronic) Health Hazard

Risk Factor (RMP)

Risk Management Planning Hazard

The risk management planning hazard is established by the United States Environmental Protection Agency under EPCRA.

500

Each RMP Hazardous Material

Risk Factor (R)

Radioactive Material Hazard

The Radioactive Material Hazard is established by the Washington State Dept of Health.

300

Each Industrial Radiography RML

300

Each Irradiator RML

150

Each Nuclear Medicine/Therapy RML

100

Each Portable Gauge RML

100

Each RML category not listed above

Risk Factor (D)

Combustible Dust Hazard

The combustible dust hazard is established by the Washington State Dept of Agriculture.

500

Agricultural Commodity Storage or Grain Dealer

Risk Factor (C)

Confined Space Entry Hazard

The confined space entry hazard is established by the Washington State Dept of Labor & Industries

50

Each Permit Required Confined Space of 10 or less

10

Each Permit Required Confined Space over 10 but less than 100

Risk Factor (P)

Pipeline Hazard

Pipeline hazards are established by the Washington State Utilities and Transportation Commission

250

Each Hazardous Material Gas Pipeline

500

Each Hazardous Material Liquid Pipeline

Risk Factor (M)

Marine Hazard

Marine hazards are established by the Washington State Dept of Ecology.

500

Each Hazardous Material Marine Terminal

150

Each Marine Fueling/Bunkering Station

Annual Fee Calculation:

Step 1: Use Table 16.40.070-1 to determine applicable risk factors. Risk Factor (H) is the sum total of chemical hazards that apply to each hazardous material as listed in the annual State DOE Tier Two Hazardous Material Inventory Report.

Step 2: Multiply Risk Factor (Q) by Risk Factor (H) for each hazardous material listed in the annual State DOE Tier Two Hazardous Material Inventory Report.

Step 3: Add the combined total from Step 2 (Q1xH1)+(Q2xH2)… to risk factors (RMP)+(R)+(D)+(C)+(P)+(M) to determine the total fee.

Example:

XYZ Company

Hazardous Material

Maximum Pounds

Risk Factor     (Q)

Risk   Factor  (H)

QxH

GASOLINE

480,043

100

9

900

AQUA AMMONIA

17,934

40

15

600

CARBON DIOXIDE

14,212

40

6

240

HYDROGEN

23,564

40

12

480

SODIUM HYDROXIDE

9,294

20

3

60

SULFURIC ACID

50,110

60

19

1,140

Total

3,420

XYZ Company stores and/or handles six hazardous materials on site as reported in their annual State DOE Tier Two Hazardous Materials Inventory Report. The combined total QxH Factor of all six hazardous materials = 3,420. Hydrogen is regulated by the U.S. EPA as a Risk Management Planning Hazard, Risk Factor (RMP) = 500. The company has a State Dept of Health radioactive materials license to store/use a “Portable Gauge” on site, Risk Factor (R) = 100. There are no agriculture products stored or processed on site that present a combustible dust hazard, Risk Factor (D) = 0. There are eight State Dept of L&I permit required confined spaces on site, Risk Factor (C) = 400. Gasoline is moved via pipeline to and from storage tanks and a marine terminal, Risk Factor (P) = 500. The company receives and ships gasoline via barge at its marine terminal, Risk Factor (M) = 500.

(QxH)+(RMP)+(R)+(D)+(C)+(P)+(M) = Annual Fee

(3,420)+(500)+(100)+(0)+(400)+(500)+(500) = $5,420 (Ord. M-4248 § 1, 2018; Ord. M-3856 § 2, 2007)

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