Current through Register Vol. XLI, No. 50, December 13, 2024
Section 47-64-3 - Fee Assessment3.1. Inventory Registration Fee3.1.a. The Secretary shall collect an inventory registration fee from each owner of an AST subject to registration under the Aboveground Storage Tank Act. 3.1.a.1. For the initial inventory and registration, the fee shall be $40.00 per tank. For fee purposes, the initial registration period is June 6, 2014 through June 30, 2015.3.1.a.2. For all ASTs installed after June 30, 2015, the registration fee shall be $20.00 per tank.3.1.b. A transfer fee of ten dollars ($10.00) per tank shall be charged to transfer tank ownership. The new owner is responsible for the transfer fee. For administrative purposes the transfer of ownership shall not be considered complete until the Secretary receives a completed amended registration and payment of the transfer fee.3.2. Annual Operating Fee 3.2.a. The Secretary shall collect an annual operating fee from owners of Level 1 and Level 2 ASTs that have not undergone permanent closure or change-in-service to a non-regulated tank. 3.2.a.1. The operating fee for Level 1 ASTs shall be $201.00 per tank per year.3.2.a.2. The operating fee for Level 2 ASTs shall be $40.00 per tank per year.3.3. Annual Response Fee 3.3.a. The Secretary shall collect an annual response fee from owners of Level 1 and Level 2 ASTs, unless the owner's tanks have undergone permanent closure or change-in-service to a non-regulated tank. This fee shall be reviewed annually in accordance with W. Va. Code § 22-30-13(b) and be deposited into the Protect Our Water Fund.3.3.b. The response fee for Level 1 and Level 2 ASTs shall be varied to produce a fund balance of no more than $1 million dollars after three years from June 12, 2015 and to maintain an aggregate fund balance of $1 million at the beginning of each calendar year thereafter.3.4. Fee Calculation3.4.a. For tanks that came into service before July 1, 2015, the owners shall pay an initial inventory and registration fee as provided in paragraph 3.1.a.1 above.3.4.b. For tanks that came into service on or after July 1, 2015, the owners shall pay the registration fee assessed in subdivision 3.1.b above.3.4.c. All Level 1 and Level 2 ASTs shall pay an annual Operating Fee and an annual Response Fee as assessed in subsections 3.2 and 3.3 above. The fee shall be collected pursuant to the provisions of section 4 of this Rule.3.4.d. The fees assessed pursuant to this Rule shall not be prorated. Once the registration fee, annual operating fee, and annual response fees are paid, the Secretary shall not refund any portion of those payments if the tank subsequently goes out of service or goes through a change-in-service in the year for which the fees were paid.3.5. Fee Consolidation. - All fees assessed pursuant to this Rule shall be consolidated.