N.D. Admin. Code 33.1-12-01-03

Current through Supplement No. 394, October, 2024
Section 33.1-12-01-03 - Registration fee
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.

N.D. Admin Code 33.1-12-01-03

Adopted by Administrative Rules Supplement 2022-386, October 2022, effective 10/1/2022.

General Authority: NDCC 23.1-12-05, 28-32-02

Law Implemented: NDCC 23.1-12-17