19-6-408. Underground storage tank registration fee -- Processing fee for tanks not
in the program.
(1) The department may assess an annual underground storage tank registration fee
against owners or operators of underground storage tanks that have not been closed. These fees
shall 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 tank
program 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 to
demonstrate financial assurance through a mechanism other than the Environmental Assurance
Program shall pay a processing fee of:
(i) for fiscal year 1997-98, $1,000 for each financial assurance mechanism document
submitted 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 financial
assurance, 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 a
single document that covers more than one facility through a single financial assurance
mechanism.
(3) Any funds provided for administration of the underground storage tank program
under this section that are 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 executive secretary shall provide all owners or operators who pay the annual
underground storage tank registration fee a certificate of registration.
(5) (a) The executive secretary may issue a notice of agency action assessing a civil
penalty of $1,000 per facility if an owner or operator of an underground 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 executive secretary may not reissue
the certificate of compliance until full payment under this Subsection (5) is made to the
department.
(d) The executive secretary may waive any penalty assessed under this Subsection (5) if
no fuel has been dispensed from the tank on or after July 1, 1991.
Amended by Chapter 183, 2009 General Session
Download Code Section Zipped WordPerfect 19_06_040800.ZIP 2,940 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009