19-6-408 - Underground storage tank registration fee -- Processing fee for tanks not in the program.
19-6-408. Underground storage tank registration fee -- Processing fee for tanks notin the program.
(1) The department may assess an annual underground storage tank registration feeagainst owners or operators of underground storage tanks that have not been closed. These feesshall be:
(a) billed per facility;
(b) due on July 1 annually;
(c) deposited with the department as dedicated credits;
(d) used by the department for the administration of the underground storage tankprogram outlined in this part; and
(e) established under Section 63J-1-504.
(2) (a) In addition to the fee under Subsection (1), an owner or operator who elects todemonstrate financial assurance through a mechanism other than the Environmental AssuranceProgram shall pay a processing fee of:
(i) for fiscal year 1997-98, $1,000 for each financial assurance mechanism documentsubmitted to the division for review; and
(ii) on and after July 1, 1998, a processing fee established under Section 63J-1-504.
(b) If a combination of financial assurance mechanisms is used to demonstrate financialassurance, the fee under Subsection (2)(a) shall be paid for each document submitted.
(c) As used in this Subsection (2), "financial assurance mechanism document" may be asingle document that covers more than one facility through a single financial assurancemechanism.
(3) Any funds provided for administration of the underground storage tank programunder this section that are not expended at the end of the fiscal year lapse into the PetroleumStorage Tank Restricted Account created in Section 19-6-405.5.
(4) The executive secretary shall provide all owners or operators who pay the annualunderground storage tank registration fee a certificate of registration.
(5) (a) The executive secretary may issue a notice of agency action assessing a civilpenalty of $1,000 per facility if an owner or operator of an underground storage tank facility failsto 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 thisSubsection (5) are not paid in full within 60 days after the July 1 due date any certificate ofcompliance issued prior to the July 1 due date lapses. The executive secretary may not reissuethe certificate of compliance until full payment under this Subsection (5) is made to thedepartment.
(d) The executive secretary may waive any penalty assessed under this Subsection (5) ifno fuel has been dispensed from the tank on or after July 1, 1991.
Amended by Chapter 183, 2009 General Session