North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-12 - Petroleum Tank Release Compensation Fund › Chapter 33.1-12-01 - General Fund Provisions › Section 33.1-12-01-03 - Registration fee

Current through Supplement No. 393, July, 2024
1. For each
				aboveground or underground tank owned or operated by the tank owner or
				operator, the owner or operator shall pay a total annual registration fee. The
				total annual registration fee is due and payable on August first. The total
				annual registration fee consists of both the annual base registration fee and
				the classification system matrix fee, as described in subsection 5.
2. No reregistration or fee modification will
				be made during any registration year when an owner or operator removes a tank
				or replaces an underground tank with an aboveground tank within a registration
				year. The renewal billing will reflect the tank status change.
3. For each aboveground or underground tank,
				the annual base registration fee is one hundred forty dollars. If, after the
				fiscal year has been closed and all expenses relating to the fiscal year have
				been accounted for, the fund balance is less than six million dollars, the
				annual base registration fee of one hundred forty dollars will increase to one
				hundred fifty dollars. If, after the fiscal year has been closed and all
				expenses relating to the fiscal year have been accounted for, the fund balance
				is seven million dollars or more and the annual base registration fee has been
				increased to one hundred fifty dollars, the annual base registration fee will
				be reduced to one hundred forty dollars. If, after the fiscal year has been
				closed and all expenses relating to the fiscal year have been accounted for,
				the fund balance exceeds nine million dollars, the annual base registration fee
				will be reduced to one hundred dollars. The annual base registration fee will
				continue at one hundred dollars until the fund balance does not exceed nine
				million dollars. If, after the fiscal year has been closed and all expenses
				relating to the fiscal year have been accounted for, the fund balance is less
				than nine million dollars, the annual base registration fee will return to one
				hundred forty dollars.
4. For each
				aboveground or underground tank, the classification system matrix fee must be
				calculated based on the degree of hazard associated with the tank
				classification risk using the multiplier factors in Table 1 or Table
				2.
5. The total annual fee is
				computed by the following equations:
X = (Y)(a) - applies only to underground storage tanks
X = (Y)(b) - applies only to aboveground storage tanks
Where:
X = total annual fee applied to each tank
Y = annual base registration fee for each tank
a = rate multiplier assigned to the registered site with the
				  type of underground storage tank(s) on location from Table 1
b = rate multiplier assigned to the registered site with the
				  type of aboveground storage tank(s) on location from Table 2
Table 1
These rate multipliers apply to underground storage tank(s)
				  only:
Underground Storage Tank Type at
								Registered Tank Location
Rate Multiplier
1 = Double wall piping and tank(s) - Underground
								2009 and new installation
1.00
2 = Double wall piping and tank(s) - Underground
								2008 and older installation
1.25
3 = Single wall underground tank(s) with double
								wall piping
1.50
4 = Double wall underground tank(s) with single
								wall piping
1.75
5 = Single wall underground tank(s) with single
								wall piping
2.00
Table 2
These rate multipliers apply to aboveground storage tank(s)
				  only:
Aboveground Storage Tank Type at
								Registered Tank Location
Rate Multiplier
1 = Aboveground tank(s) feeding aboveground
								piping
1.00
2 = Aboveground tank(s) feeding underground piping
								with *leak detection
1.50
3 = Aboveground tank(s) feeding underground piping
								without *leak detection
2.00
*Note: See definition in subsection 4 in section
				  33.1-12-01-01.
6. Additional fees may apply, as specified in
				North Dakota Century Code section 23.1-12-17.
General Authority:
NDCC 23.1-12-05,
					 28-32-02
Law Implemented:
NDCC
					 23.1-12-17