19-6-408. Petroleum storage tank registration fee — Processing fee.
(1)
The department may assess an annual petroleum storage tank registration fee against an owner or operator of a petroleum storage tank that has not been closed. These fees shall be:
Terms Used In Utah Code 19-6-408
Certificate of compliance: means a certificate issued to a facility by the director:
(a)
demonstrating that an owner or operator of a facility containing one or more petroleum storage tanks has met the requirements of this part; and
(b)
listing petroleum storage tanks at the facility, specifying:
(i)
which tanks may receive petroleum; and
(ii)
which tanks have not met the requirements for compliance. See Utah Code 19-6-402
Certificate of registration: means a certificate issued to a facility by the director demonstrating that an owner or operator of a facility containing one or more petroleum storage tanks has:
Closed: means a petroleum storage tank that is no longer in use that has been:
(a)
emptied and cleaned to remove the liquids and accumulated sludges; and
(b)
(i)
removed along with all underground components; or
(ii)
filled with an inert solid material, and in the case of piping, secured and capped. See Utah Code 19-6-402
Director: means the director of the Division of Environmental Response and Remediation. See Utah Code 19-6-402
Facility: means the petroleum storage tanks located on a single parcel of property or on any property adjacent or contiguous to that parcel. See Utah Code 19-6-402
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Operator: means a person in control of or who is responsible on a daily basis for the maintenance of a petroleum storage tank that is in use for the storage, use, or dispensing of a regulated substance. See Utah Code 19-6-402
Owner: means :
(a)
in the case of an underground storage tank in use on or after November 8, 1984, a person who owns an underground storage tank used for the storage, use, or dispensing of a regulated substance;
(b)
in the case of an underground storage tank in use before November 8, 1984, but not in use on or after November 8, 1984, a person who owned the tank immediately before the discontinuance of its use for the storage, use, or dispensing of a regulated substance; and
(c)
in the case of an aboveground petroleum storage tank, a person who owns the aboveground petroleum storage tank. See Utah Code 19-6-402
Petroleum: includes crude oil or a fraction of crude oil that is liquid at:
is a tank containing regulated substances that is voluntarily submitted for participation in the Petroleum Storage Tank Fund under Section 19-6-415. See Utah Code 19-6-402
As used in this Subsection (2), “financial assurance mechanism document” may be a single document that covers more than one facility through a single financial assurance mechanism.
(b)
(i)
In addition to the fee under Subsection (1), an owner or operator of a petroleum storage tank who elects to demonstrate financial assurance through a mechanism other than the Environmental Assurance Program shall pay a processing fee established under Section 63J-1-504.
(ii)
This Subsection (2)(b) does not apply to a self-insured public entity.
(c)
If a combination of financial assurance mechanisms is used to demonstrate financial assurance, the fee under Subsection (2)(b) shall be paid for each document submitted.
(3)
Money provided for administration of the petroleum storage tank program under this section that is not expended at the end of the fiscal year lapse into the Petroleum Storage Tank Restricted Account created in Section 19-6-405.5.
(4)
The director shall provide all owners or operators who pay the annual petroleum storage tank registration fee a certificate of registration.
(5)
(a)
The director may issue a notice of agency action assessing a civil penalty of $1,000 per facility if an owner or operator of a petroleum storage tank facility fails to pay the required fee within 60 days after the July 1 due date.
(b)
The registration fee and late payment penalty accrue interest at 12% per annum.
(c)
If the registration fee, late payment penalty, and interest accrued under this Subsection (5) are not paid in full within 60 days after the July 1 due date any certificate of compliance issued prior to the July 1 due date lapses. The director may not reissue the certificate of compliance until full payment under this Subsection (5) is made to the department.
(d)
The director may waive any penalty assessed under this Subsection (5) if no fuel has been dispensed from the tank on or after July 1, 1991.
