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This entry was published on 2014-09-22
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SECTION 40-0107
Registration and fees
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 40
§ 40-0107. Registration and fees.

1. On or before July first, nineteen hundred eighty-seven, the
department shall promulgate a schedule of registration fees per storage
facility for the cost of inspecting such facilities and based on the
size and type of such facilities, which shall not exceed:

a. one hundred twenty-five dollars per facility, up to two hundred
fifty facilities at a single contiguous site; and

b. seventy-five dollars per facility in excess of two hundred fifty
facilities at a single contiguous site.

In no case shall the registration fees charged to an owner exceed
fifty thousand dollars for storage facilities located at a single
contiguous site. Fees shall be paid to the department at the time of
registration or registration renewal. Registration shall be renewed
every two years or whenever title to a storage facility is transferred,
whichever first occurs. Registration shall be on forms and in accordance
with procedures prescribed by the department.

2. Within one year of the promulgation of the schedule of registration
fees pursuant to subdivision one of this section, all owners shall
identify and register each storage facility with the department.

3. The fees established pursuant to this section are intended to
provide revenues sufficient to meet the costs incurred by the department
in implementing the provisions of this article on and after the
promulgation of the schedule of registration fees. All fees collected
pursuant to this section shall be paid to the state comptroller for
deposit in the miscellaneous special revenue fund, hazardous substances
bulk storage account, and shall be subject to appropriation and
allocation pursuant to the state finance law. Expenditures from the
hazardous substances bulk storage account of the miscellaneous special
revenue fund shall be limited to the costs of the department related to
this article. The commissioner shall, on or before December
thirty-first, nineteen hundred eighty-eight, report to the legislature
and the governor on the adequacy of the fee schedule in providing
sufficient revenues necessary to implement the provisions of this
article.