19-6-411. Petroleum storage tank fee for program participants.
(1)
In addition to the underground storage tank registration fee paid in Section 19-6-408, the owner or operator of a petroleum storage tank who elects to participate in the environmental assurance program under Section 19-6-410.5 shall also pay an annual petroleum storage tank fee to the department for each facility as follows:
Terms Used In Utah Code 19-6-411
Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-402
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
Director: means the director of the Division of Environmental Response and Remediation. See Utah Code 19-6-402
Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
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
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Underground storage tank: means a tank regulated under Subtitle I, Resource Conservation and Recovery Act, 42 U. See Utah Code 19-6-402
Underground storage tank installation company: means a person, firm, partnership, corporation, governmental entity, association, or other organization that installs underground storage tanks. See Utah Code 19-6-402
Underground storage tank installation company permit: means a permit issued to an underground storage tank installation company by the director. See Utah Code 19-6-402
(a)
an annual fee of:
(i)
$450 for each tank in a facility with an annual facility throughput rate of 70,000 gallons or less;
(ii)
$150 for each tank in a facility with an annual facility throughput rate of greater than 70,000 gallons; and
(iii)
$450 for each tank in a facility regarding which:
(A)
the facility’s throughput rate is not reported to the department within 30 days after the date this throughput information is requested by the department; or
(B)
the owner or operator elects to pay the fee under this Subsection (1)(a)(iii), rather than report under Subsection (1)(a)(i) or (ii); and
(b)
for any new tank:
(i)
that is installed to replace an existing tank at an existing facility, any annual petroleum storage tank fee paid for the current fiscal year for the existing tank is applicable to the new tank; and
(ii)
installed at a new facility or at an existing facility, which is not a replacement for another existing tank, the fees are as provided in Subsection (1)(a)(ii).
(2)
(a)
As a condition of receiving a permit and being eligible for benefits under Section 19-6-419 from the Petroleum Storage Tank Fund, each underground storage tank installation company shall pay to the department the following fees to be deposited in the fund:
(i)
an annual fee of:
(A)
$2,000 per underground storage tank installation company if the installation company has installed 15 or fewer underground storage tanks within the 12 months preceding the fee due date; or
(B)
$4,000 per underground storage tank installation company if the installation company has installed 16 or more underground storage tanks within the 12 months preceding the fee due date; and
(ii)
$200 for each underground storage tank installed in the state, to be paid prior to completion of installation.
(b)
The board shall make rules specifying which portions of an underground storage tank installation shall be subject to the permitting fees when less than a full underground storage tank system is installed.
(3)
(a)
Fees under Subsection (1) are due on or before July 1 annually.
(b)
If the department does not receive the fee on or before July 1, the department shall impose a late penalty of $60 per facility.
(c)
(i)
The fee and the late penalty accrue interest at 12% per annum.
(ii)
If the fee, the late penalty, and all accrued interest are not received by the department within 60 days after July 1, the eligibility of the owner or operator to receive payments for claims against the fund lapses on the 61st day after July 1.
(iii)
In order for the owner or operator to reinstate eligibility to receive payments for claims against the fund, the owner or operator shall meet the requirements of Subsection 19-6-428(3).
(4)
(a)
(i)
Fees under Subsection (2)(a)(i) are due on or before July 1 annually. If the department does not receive the fees on or before July 1, the department shall impose a late penalty of $60 per installation company. The fee and the late penalty accrue interest at 12% per annum.
(ii)
If the fee, late penalty, and all accrued interest due are not received by the department within 60 days after July 1, the underground storage tank installation company’s permit and eligibility to receive payments for claims against the fund lapse on the 61st day after July 1.
(b)
(i)
Fees under Subsection (2)(a)(ii) are due prior to completion of installation. If the department does not receive the fees prior to completion of installation, the department shall impose a late penalty of $60 per facility. The fee and the late penalty accrue interest at 12% per annum.
(ii)
If the fee, late penalty, and all accrued interest are not received by the department within 60 days after the underground storage tank installation is completed, eligibility to receive payments for claims against the fund for that tank lapse on the 61st day after the tank installation is completed.
(c)
The director may not reissue the underground storage tank installation company permit until the fee, late penalty, and all accrued interest are received by the department.
(5)
If the executive director determines that the fees established in Subsections (1) and (2) and the environmental assurance fee established in Section 19-6-410.5 are insufficient to maintain the fund on an actuarially sound basis, the executive director may petition the Legislature to increase the petroleum storage tank and underground storage tank installation company permit fees, and the environmental assurance fee to a level that will sustain the fund on an actuarially sound basis.
(6)
The director may waive all or part of the fees required to be paid on or before May 5, 1997, for a petroleum storage tank under this section if no fuel has been dispensed from the tank on or after July 1, 1991.
(7)
(a)
The director shall issue a certificate of compliance to the owner or operator of a petroleum storage tank or underground storage tank, for which payment of fees has been made and other requirements have been met to qualify for a certificate of compliance under this part.
(b)
The board shall make rules providing for the identification, through a tag or other readily identifiable method, of a petroleum storage tank or underground storage tank under Subsection (7)(a) that does not qualify for a certificate of compliance under this part.
