2011 Utah Code
Title 19 Environmental Quality Code
Chapter 6 Hazardous Substances
Section 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 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:
(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 400,000 gallons or less;
(ii) $150 for each tank in a facility with an annual facility throughput rate of more than 400,000 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 the date this throughput information is requested by the department; or
(B) the owner or operator elects to pay the fee under this subsection, rather than report under 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 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)(c) of this section.
(2) (a) As a condition of receiving a permit and being eligible for benefits under Section 19-6-419 from the Petroleum Storage Tank Trust 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 executive secretary 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 state risk manager determines 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, he shall 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 executive secretary 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) Each 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, shall be issued a form of identification, as determined by the board under 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 under Subsection (7)(a) that qualify for a certificate of compliance under this part.