19-6-411 - Petroleum storage tank fee for program participants.
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 environmentalassurance program under Section 19-6-410.5 shall also pay an annual petroleum storage tank feeto the department for each facility as follows:
(a) on and after July 1, 1990, through June 30, 1993, an annual fee of:
(i) $250 for each tank:
(A) located at a facility engaged in petroleum production, refining, or marketing; or
(B) with an annual monthly throughput of more than 10,000 gallons; and
(ii) $125 for each tank:
(A) not located at a facility engaged in petroleum production, refining, or marketing; and
(B) with an annual monthly throughput of 10,000 gallons or less;
(b) on and after July 1, 1993, through June 30, 1994, an annual fee of:
(i) $150 for each tank:
(A) located at a facility engaged in petroleum production, refining, or marketing; or
(B) with an average monthly throughput of more than 10,000 gallons; and
(ii) $75 for each tank:
(A) not located at a facility engaged in petroleum production, refining, or marketing; and
(B) with an average monthly throughput of 10,000 gallons or less; and
(c) on and after July 1, 1994, an annual fee of:
(i) $50 for each tank in a facility with an annual facility throughput rate of 400,000gallons or less;
(ii) $150 for each tank in a facility with an annual facility throughput rate of more than400,000 gallons; and
(iii) $150 for each tank in a facility regarding which:
(A) the facility's throughput rate is not reported to the department within 30 days after thedate this throughput information is requested by the department; or
(B) the owner or operator elects to pay the fee under this subsection, rather than reportunder Subsection (1)(c)(i) or (ii); and
(d) on and after July 1, 1998, for any new tank:
(i) which is installed to replace an existing tank at an existing facility, any annualpetroleum storage tank fee paid for the current fiscal year for the existing tank is applicable to thenew tank; and
(ii) installed at a new facility or at an existing facility, which is not a replacement foranother existing tank, the fees are as provided in Subsection (1)(c) of this section.
(2) (a) As a condition of receiving a permit and being eligible for benefits under Section19-6-419 from the Petroleum Storage Tank Trust Fund, each underground storage tankinstallation 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 companyhas installed 15 or fewer underground storage tanks within the 12 months preceding the fee duedate; or
(B) $4,000 per underground storage tank installation company if the installation companyhas installed 16 or more underground storage tanks within the 12 months preceding the fee duedate; and
(ii) $200 for each underground storage tank installed in the state, to be paid prior tocompletion of installation.
(b) The board shall make rules specifying which portions of an underground storage tankinstallation shall be subject to the permitting fees when less than a full underground storage tanksystem 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 shallimpose 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 departmentwithin 60 days after July 1, the eligibility of the owner or operator to receive payments for claimsagainst the fund lapses on the 61st day after July 1.
(iii) In order for the owner or operator to reinstate eligibility to receive payments forclaims against the fund, the owner or operator shall meet the requirements of Subsection19-6-428(3).
(4) (a) (i) Fees under Subsection (2)(a)(i) are due on or before July 1 annually. If thedepartment does not receive the fees on or before July 1, the department shall impose a latepenalty of $60 per installation company. The fee and the late penalty accrue interest at 12% perannum.
(ii) If the fee, late penalty, and all accrued interest due are not received by the departmentwithin 60 days after July 1, the underground storage tank installation company's permit andeligibility 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 thedepartment does not receive the fees prior to completion of installation, the department shallimpose a late penalty of $60 per facility. The fee and the late penalty accrue interest at 12% perannum.
(ii) If the fee, late penalty, and all accrued interest are not received by the departmentwithin 60 days after the underground storage tank installation is completed, eligibility to receivepayments for claims against the fund for that tank lapse on the 61st day after the tank installationis completed.
(c) The executive secretary may not reissue the underground storage tank installationcompany permit until the fee, late penalty, and all accrued interest are received by the department.
(5) If the state risk manager determines the fees established in Subsections (1) and (2) andthe environmental assurance fee established in Section 19-6-410.5 are insufficient to maintain thefund on an actuarially sound basis, he shall petition the Legislature to increase the petroleumstorage tank and underground storage tank installation company permit fees, and theenvironmental assurance fee to a level that will sustain the fund on an actuarially sound basis.
(6) The executive secretary may waive all or part of the fees required to be paid on orbefore May 5, 1997, for a petroleum storage tank under this section if no fuel has been dispensedfrom the tank on or after July 1, 1991.
(7) (a) Each petroleum storage tank or underground storage tank, for which payment offees has been made and other requirements have been met to qualify for a certificate ofcompliance under this part, shall be issued a form of identification, as determined by the boardunder Subsection (7)(b).
(b) The board shall make rules providing for the identification, through a tag or other
readily identifiable method, of petroleum storage tanks or underground storage tanks underSubsection (7)(a) that qualify for a certificate of compliance under this part.
Amended by Chapter 95, 1998 General Session