facility: (a) an annual fee of: (i) $450 for each tank in a facility with an annual facility throughput rate of 70,000 gallons or less; (ii) $150 for each tank in a facility with an annual facility throughput rate of greater than 70,000 gallons; and (iii) $450 for each tank in a facility regarding which: (A) the facility's throughput rate is not reported to the department by no later than 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 (1)(a)(iii), rather than report under Subsection (1)(a)(i) or (ii); and (b) for any new tank: (i) that 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)(a)(ii). (2) (a) As a condition of receiving a petroleum storage tank installation permit and being eligible for benefits under Section 19-6-419 from the fund, a petroleum 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 petroleum storage tank installation company if the installation company has installed 15 or fewer petroleum storage tanks within the 12 months preceding the fee due date; or (B) $4,000 per petroleum storage tank installation company if the installation company has installed 16 or more petroleum storage tanks within the 12 months preceding the fee due date; and (ii) $200 for each petroleum storage tank installed in the state, to be paid before installation begins. (b) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying which portions of a petroleum storage tank installation shall be subject to the permitting fees when less than a complete petroleum 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 payment of the fee on or before July 1, the department shall impose a civil penalty of $100 per facility. (c) (i) The fee and the civil penalty accrue interest at 12% per annum. (ii) If the fee, the civil penalty, and all accrued interest are not received by the department by no later than September 1, the eligibility of the owner or operator to receive payments for claims against the fund lapses. (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(2). (4) (a) (i) Fees under Subsection (2)(a)(i) are due 30 days before the petroleum storage tank installation company begins the first install of a fiscal year. If the department does not receive payment of the fees 30 days before the petroleum storage tank installation company begins the first install of a fiscal year, the department shall impose a civil penalty of $100 per petroleum storage tank installation company. The fee and the civil penalty accrue interest at 12% per annum. (ii) If payment of the fee, civil penalty, and all accrued interest due are not received by the department by no later than 30 days after the petroleum storage tank installation company begins the first install of the fiscal year, the petroleum storage tank installation company's permit and eligibility to receive payments for claims against the fund lapse on the 31st day after the petroleum storage tank installation company begins the first install of the fiscal year. (b) (i) A petroleum storage tank installation company shall pay the fees under Subsection (2)(a) before installation and issuance of a petroleum storage tank installation company permit. If the department does not receive payment of the fees before installation, the department shall impose a civil penalty of $500 per petroleum storage tank. The fee and the civil penalty accrue interest at 12% per annum. (ii) If installation is complete without paying the installation permit fee and having a valid petroleum storage tank installation company permit, the petroleum storage tank installation company is not eligible to receive payments for claims against the fund for releases from the petroleum storage tank being installed that may occur before a certificate of compliance is issued for that petroleum storage tank. (c) The director may not reissue the petroleum storage tank installation company permit until the fee, civil penalty, and accrued interest are received by the department. (5) If the executive director determines that 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, the executive director may petition the Legislature to increase the petroleum storage tank and petroleum 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 director may waive all or part of the fees required to be paid 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) The director shall issue a certificate of compliance to the owner or operator of a petroleum 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. (b) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, providing for the identification, through a tag or other readily identifiable method, of a petroleum storage tank under Subsection (7)(a) that does not qualify for a certificate of compliance under this part.
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