1. Upon the recommendation and approval of the petroleum tank release compensation fund board, the department shall classify tanks with respect to degree of hazard, determine the risks of each classification, and fix the registration fee for each classification at a rate sufficient to provide for: a. The payment of the expenses of administration of the fund; b. The reimbursement for corrective action provided under this chapter; and c. The maintenance by the fund of adequate reserves and surplus so the fund may be kept solvent at all times. 2. The department shall establish the schedule of registration fees by rules adopted in accordance with chapter 28-32. 3. An owner or operator of an existing tank that is discovered at a location that currently and previously has had tanks registered with the fund shall pay an additional twenty-five dollar penalty fee in addition to the registration fee for each aboveground tank and each underground tank owned or operated by that person for each previous year that the tank was required to be registered for which a fee was not paid. The payment includes the fees and the penalty for the failure to register. 4. An owner or operator of an existing tank at a location that was not previously and continuously registered with the fund, whether the registration was required by law or not must provide the fund with a phase two environmental study conducted by a qualified firm according to American society for testing materials standards. A tank integrity test must also be performed. The environmental study and tank integrity test must be reviewed by the department along with the application for registration with the fund. If the department rejects the application, the applicant is denied eligibility to the fund. However, if the site is remediated and the leaking tank is replaced, the applicant may reapply for registration with the fund. A new installation that is using a used tank must provide tank integrity test results for the used tank. Use of a synthetic liner in an aboveground dike system negates the need for a tank integrity test. The owner or operator of a new tank at a new site or a new tank at an existing site that had a tank registered at the site previously need only pay the required fees for registration with the fund. 5. If accepted for registration with the fund, the owner or operator of the tank shall pay an additional twenty -five dollar penalty fee in addition to the registration fee for each aboveground tank and underground tank owned or operated by that person for each previous year that the tank was required to be registered for which a fee was not paid, regardless of ownership in each of those years. The payment includes the fees and the penalty for the failure to register. 6. The registration fees collected under this section must be paid to the department for deposit in the state treasury for the dedicated credit to the petroleum release compensation fund. 7. If a registration payment is not received within sixty days of the date required under rules adopted by the department, a late fee of twenty -five dollars per tank per month must be imposed on the tank owner or operator.
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