Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-04 - Annual petroleum underground storage tank financial assurance fee, certification of compliance, and financial responsibility

Current through all regulations passed and filed through July 1, 2024
(A) Effective April 1, 1991, and each year
			 thereafter in which the unobligated balance of the financial assurance fund
			 does not exceed forty-five million dollars on the date of the board's
			 determination of the annual financial assurance fee for the succeeding fiscal
			 year, the board shall assess a 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.
In the event that the unobligated balance of the financial
				assurance fund exceeds forty-five million dollars on the date of the board's
				determination of the annual financial assurance fee for the succeeding fiscal
				year, the board may assess a fee in the year to which the determination applies
				only to the extent required in or by, or necessary to comply with covenants or
				other requirements in, revenue bonds issued under sections
				3737.90 to
				3737.948 of the Revised Code or
				in proceedings or other covenants or agreements related to such bonds.
(B) The basis for the calculation
			 of the annual fee includes, but is not 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
			  shall notify each responsible
			 person by May first of each year of the annual fee. In the year in which an
			 annual fee is not assessed, the director  will provide reasonable notification to responsible persons of
			 the non-assessment of fees.
(D) The
			 annual fee is due no later than July first of each year in which an annual fee
			 is imposed. In the event the director determines that a responsible person
			 fails to pay the annual fee by July first of the year in which the fee is
			 imposed, the director  shall
			 notify the responsible person of the non-payment. If the responsible person
			 fails to submit the annual fee within thirty days of the date the notification
			 of non-payment was mailed, the director  shall issue an order directing the responsible person to pay the
			 annual fee and a late fee of no more than 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. No retroactive coverage shall be extended in situations
			 where responsible persons have initially failed to pay fees but later did so,
			 regardless of whether they received notification by the director of such
			 failure.
(E) Except as limited by
			 rule 3737-1-04.1 of the Administrative Code,
			 upon receipt of full payment of the annual fee and any past fees
			 owed, as determined by the director, upon
			 demonstration of financial responsibility as required by rule
			 1301:7-9-05 of the
			 Administrative Code, and upon certification that the responsible person is in
			 compliance with applicable rules for petroleum underground storage tanks
			 adopted by the fire marshal under section
			 3737.88 of the Revised Code, the
			 director shall issue a certificate of coverage. 
								Full payment
			 of the annual fee and any past fees owed, as determined by the director,
			 demonstration of financial responsibility, and
			 certification of compliance with the fire marshal's rules for
			 the succeeding fiscal year on or before July first will entitle the responsible
			 person to a certificate of coverage in effect for the fiscal year.
			 
								Full
			 payment of the annual fee and any past fees owed, as determined by the
			 director, demonstration of financial responsibility,
			 and certification of compliance with the fire marshal's rules for
			 the current fiscal year after July first will result in a certificate of
			 coverage for that fiscal year effective on and after the date the board
			 received full payment due, demonstration of financial
			 responsibility, and certification of compliance with the fire marshal's
			 rules.
(F)
(1) In the event 
									an underground storage tank is
			 
									installed, the responsible person shall immediately
			 notify the director upon introducing a regulated
			 petroleum product into the underground storage tank. In the event that an
			 underground storage tank exists for which a certificate of coverage was not
			 issued in the previous fiscal year, due to an omission by the responsible
			 person, the responsible person shall immediately notify the director. Upon
			 receipt of notice of a newly installed or
			 existing underground storage tank, as required by this paragraph of this rule,
			 the director shall notify the responsible person of the assessment of any
			 applicable fees, including but not limited to, the
			 annual fee for the fiscal year in which a regulated petroleum product was first
			 introduced into the underground storage tank or July 1, 1989, whichever is
			 later, and any subsequent fiscal years. No certificate of coverage will
			 be issued until the responsible person notifies the director of any newly
			 installed or any existing underground storage tank for which a certificate of
			 coverage is not currently in place, pays the 
									fees assessed, demonstrates financial
			 responsibility, certifies compliance with the fire marshal's rules, and, if
			 applicable, complies with rule
			 3737-1-04.1 of the Administrative
			 Code.
(2) In the event
			 
									ownership of an underground storage tank
			 is transferred, the new responsible person shall
			 notify the director within thirty days of the date of the transfer. Upon
			 receipt of notice of a transfer of an underground storage tank as required by
			 this paragraph of this rule, the director shall notify the new responsible
			 person of the assessment of any applicable fees, including, but not limited to,
			 any fees outstanding at the time of the transfer of the underground storage
			 tank, as determined by the director, any annual fees
			 outstanding for the fiscal year in which the transfer occurred and any
			 subsequent fiscal years of ownership, and a transfer fee of five hundred
			 dollars per facility.
(a) If a certificate of
			 coverage is in effect at the time of the transfer and the new responsible
			 person notifies the director as required by this
			 rule, pays the transfer fee, demonstrates financial responsibility, and
			 certifies compliance with the fire marshal's rules within thirty days of the
			 date 
										the notification of assessment was mailed, the
			 certificate of coverage shall be effective as of the date
			 
										ownership of the underground storage tank
			 transferred. Where outstanding fees exist at the
			 time of the transfer, the certificate of coverage is null and void for purposes
			 of coverage.
(b) If a certificate
			 of coverage is not in effect at the time of the transfer or the new responsible
			 person fails to notify the director of the transfer 
										as
			 required by this rule, no certificate of coverage will be issued until
			 the new responsible person notifies the director of the transfer, pays the
			 
										fees assessed,
			 demonstrates financial responsibility, certifies compliance with the fire marshal's
			 rules,
										 and, if applicable, complies
			 with rule
			 3737-1-04.1 of the Administrative
			 Code.
(3) The
			 responsible person shall 
									pay the fees assessed no later than thirty days
			 from the date 
									the notification of assessment
			 was mailed. If the responsible person fails to submit the annual fees
			 within thirty days 
									of the date the
			 notification of assessment was mailed, the
			 director  shall notify the
			 responsible person of the nonpayment. If the responsible person fails to submit
			 the annual 
									fees within thirty days 
									of the date the
			 notification of nonpayment was mailed, the director  shall issue an order directing the
			 responsible person to pay the annual fees and a late fee of no more than 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. Where a responsible person
			 has failed to 
									notify the director as 
			 required by this rule, the director is not required to notify the responsible
			 person of fees owed.