§ 16-3. Application/permit fee for facilities using hazardous materials; response fee based on materials and man-hours required at scene of accident.
(a)
An annual permit fee is hereby imposed on every person or corporation that owns, operates, or acts as the agent for any business location where one or more hazardous materials are used, stored, transported, manufactured, generated, disposed or sold within the city, in the fee amounts and for the types of businesses or activities and for the quantities of chemical listed in table I. Businesses and/or locations utilizing, storing, transporting, manufacturing, disposing of, or selling hazardous materials in quantities in excess of the operational permitting requirements of the Code of Ordinances of the City of San Antonio, Part II-Code, Chapter 11 Fire Prevention Code are subject to the provisions of this section.
(b)
Where more than one location is used by the same person, corporation or entity, a separate service fee shall be paid for each location within the city.
(c)
The annual permit fees listed in table I shall be applied based upon the maximum quantity of a hazardous material present at any one time during the preceding year, except that each service station engaged in retail sales of fuel shall pay a flat fee of six hundred dollars ($600.00) per location.
(d)
The annual permit is required for each location used by the permittee, and a change of ownership of the location where the chemicals are stored, manufactured, generated, disposed of or sold shall be cause for a new permit. The change of ownership of the business or entity handling the chemicals shall be cause for a new permit.
(e)
A "hazardous material response fee" shall be paid to the city fire department by the person, corporation, or entity which created the hazard or which owned the materials or chemicals and said fee shall be determined by the time required at the scene of the hazardous incident at the rate of eight hundred dollars ($800.00) per hour per apparatus per incident, plus any applicable fire department personnel overtime costs. The hourly rate shall be prorated in 15-minute increments at the beginning of each increment. All expendable commodities used at the scene will be billed at cost to the person, corporation, or entity which created the hazard or which owned the hazardous materials or chemicals.
(f)
The annual permit fees shall be due and payable thirty (30) calendar days from date of invoice for calendar year. Payment shall be by cash, money order, or check made payable to the City of San Antonio, and payable at the City of San Antonio, Treasury Division, at 506 Dolorosa Street or by addressing the payment to the City at P.O. Box 839966, San Antonio, Texas 78283-3966.
(g)
A five (5) percent late penalty shall attach when payment is due (thirty (30) calendar days from invoice) and shall be collected and processed in the same manner as if they were part of the service fee. Said penalty may be partially or wholly waived by the city treasurer only if the delinquent payment is documented as not due to the error, oversight, or intent of the permittee.
(h)
Annual hazardous materials permits shall be issued for each location operated or maintained by the permittee, and the permittee shall post said permit in a conspicuous place at each such location.
(i)
Natural persons who use, store, transport, generate or dispose of hazardous materials in household consumer quantities for personal, noncommercial purposes are specifically excluded from compliance with the provisions of this section.
(1)
Enforcement of this section shall be enforced by the fire prevention division and other members of the fire department duly authorized by the fire chief.
(2)
Any person or corporation having any duty under subsections (a) through (i) commits an offense if they knowingly fail to comply with any provisions of this section or with any of the requirements thereof.
(3)
Any persons violating any provisions of this section shall be guilty of a misdemeanor. Each day upon which such a violation occurs constitutes a separate offense. Upon conviction, each violation shall be punishable by a fine of not less than one hundred dollars ($100.00) nor more than two thousand dollars ($2,000.00).
Table I
Hazardous Materials Fees001 $600.00 Any Retail Service Station 002 300.00 101 lbs 999 lbs 003 390.00 1,000 lbs 4,999 lbs 004 490.00 5,000 lbs 9,999 lbs 005 600.00 10,000 lbs 49,999 lbs 006 1,020.00 50,000 lbs 99,999 lbs 007 1,190.00 100,000 lbs 499,999 lbs 008 1,530.00 500,000 lbs 999,999 lbs 009 1,870.00 1,000,000 lbs 4,999,999 lbs 010 2,220.00 5,000,000 lbs 9,999,999 lbs 011 2,560.00 10,000,000 lbs 49,999,999 lbs 012 3,250.00 50,000,000 lbs 99,999,999 lbs 013 3,930.00 100,000,000 lbs and above
(Ord. No. 72267, §§ 1-9, 9-13-90; Ord. No. 76469, §§ 1—4, 9-10-92; Ord. No. 84793, §§ 3, 4, 9-19-96; Ord. No. 90493, §§ 2, 3, 9-16-99; Ord. No. 92515, § 1, 9-14-00; Ord. No. 2006-09-07-1000, § 1, 9-7-06; Ord. No. 2008-09-11-0777B, § 5, 9-11-08; Ord. No. 2009-09-17-0731E, § 3, 9-17-09; Ord. No. 2011-09-15-0752, § 1(Att. A), 9-15-11; Ord. No. 2013-09-12-0631, § 2(Att. D), 9-12-13; Ord. No. 2015-01-29-0067, § 5, 1-29-15)