Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-05 - Supplemental petroleum underground storage tank financial assurance fee

Current through all regulations passed and filed through July 1, 2024
(A) In any fiscal
			 year in which the board finds that the unobligated balance in the financial
			 assurance fund is less than fifteen million dollars, the board may assess a
			 supplemental fee for each tank comprising an underground storage tank or an
			 underground storage tank system that contains or has contained petroleum and
			 for which a responsible person is required to demonstrate financial
			 responsibility.
(B) The basis for
			 the calculation of the supplemental fee will include but will not be limited to
			 the amount needed to meet financial soundness objectives set forth in division
			 (C) of section
			  3737.91 
			 of the Revised Code.
(C) The
			 director of the fund shall notify each responsible person of the supplemental
			 fee no less than thirty days before the date on which the supplemental fee is
			 due.
(D) The supplemental fee is
			 due no later than thirty days from the date of the notification. In the event a
			 responsible person fails to pay the fee within the thirty-day period set forth
			 in this rule, the director of the fund shall notify the responsible person of
			 the non-payment. If the responsible person fails to submit the supplemental fee
			 within thirty days after the notification of non-payment has been mailed, the
			 director of the fund shall issue an order by certified mail directing the
			 responsible person to pay the supplemental fee and a late fee of up to one
			 thousand dollars per tank. If the responsible person fails to comply with the
			 order within thirty days after the issuance of the order, the director shall
			 notify the fire marshal of the non-compliance and may request the attorney
			 general to bring an action for appropriate relief.
(E) The director shall revoke the certificate
			 of coverage upon the failure to pay the supplemental fee.
(F) In the event that a new tank is placed in
			 service after July first of the year in which the supplemental fee is imposed,
			 the director shall notify the responsible person by certified mail of the
			 assessment of the fee. The responsible person shall tender the fee assessed no
			 later than thirty days from the date of notification of fees. If the
			 responsible person fails to submit the fee within thirty days after the
			 notification has been mailed, the director of the fund shall notify the
			 responsible person of the non-payment. If the responsible person fails to
			 submit the supplemental fee within thirty days after the notification of
			 non-payment has been mailed, the director of the fund shall issue an order by
			 certified mail directing the responsible person to pay the supplemental fee and
			 a late fee of up to one thousand dollars per tank. If the responsible person
			 fails to comply with the order within thirty days after the issuance of the
			 order, the director shall notify the fire marshal of the non-compliance and may
			 request the attorney general to bring an action for appropriate relief.
(G) A responsible person may file
			 with the board written objections to the order of the director no later than
			 thirty days from the mailing of the order. The board, upon receipt of the
			 objections, shall appoint a referee to conduct an adjudication hearing in
			 accordance with section
			  119.09  of
			 the Revised Code.
R.C.
				119.032 review dates:
				07/31/2014 and
				07/31/2019
Promulgated
				Under:
				119.03
Statutory Authority:
				3737.90
Rule Amplifies:
				3737.91
Prior Effective Dates: 08/01/1990, 07/01/1994, 07/01/1996,
				09/18/1999, 04/01/2005, 04/01/2007,
				11/30/2009