401 KAR 42:200. Underground storage tank system owner registration fees.
RELATES TO: KRS 224.10-100, 224.60
STATUTORY AUTHORITY: KRS 224.10-100, (30), 224.60-105, 224.60-150(1).
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.60-150 states that the cabinet shall levy and collect an annual fee of thirty (30) dollars per underground storage tank (UST) system from owners or operators of UST systems for the purpose of funding the administration of the underground storage tank program. KRS 224.10-100(30) authorizes the cabinet to promulgate administrative regulations not inconsistent with the provisions of law administered by the cabinet. This administrative regulation establishes provisions for the payment of an annual registration fee.
Section 1. Applicability. This administrative regulation shall apply to all owners and operators of UST systems.
Section 2. Annual Registration Fee. (1) The owner or operator shall pay a thirty (30), dollar annual registration fee for each UST system that is in the ground, and not permanently closed in accordance with 401 KAR 42:070, on July 1 of a year (July 1 through June 30).
(2) Payment shall be submitted to the Underground Storage Tank Branch of the Division of Waste Management.
(3) Checks shall be made payable to the Kentucky State Treasurer and be submitted within thirty (30) days after receipt of an invoice from the cabinet specifying the required payment.
Section 3. New Registrations. For a new registration, the fee of thirty (30) dollars per UST system, payable to the Kentucky State Treasurer, shall be submitted to the Underground Storage Tank Branch along with the initial "UST Facility Registration Form", DEP 7112, (January 2006), as required by and incorporated by reference in 401 KAR 42:020.
Section 4. Amended Registrations. (1) If the "UST Facility Registration Form", DEP 7112, (January 2006) is amended in accordance with 401 KAR 42:020, to include one (1) or more additional UST systems, the amended form shall be accompanied by payment of any annual registration fees that may be due, including any outstanding fees for preexisting UST systems.
(2) Fees due shall be calculated at a rate of thirty (30) dollars for each additional UST system for each year (July 1 through June 30) the UST system was in the ground.
(3) The fee for any year (July 1 through June 30) shall be due if the UST system was in the ground on July 1 of that year.
(4) Fees shall not be due for years prior to the one (1) beginning July 1, 1990.
(5) If an unregistered UST system is discovered during permanent closure activities pursuant to 401 KAR 42:070, a one (1) time registration fee of thirty (30) dollars shall be submitted for each discovered UST system within thirty (30) days after discovery. Registration fees for previous years shall not be required.
Section 5. Changes of Ownership. If ownership of a UST system changes, any unpaid registration fees shall be the responsibility of the new owner. (17 Ky.R. 660; eff. 9-25-90; Am. 22 Ky.R. 337; eff. 11-14-95; 32 Ky.R. 2128; 33 Ky.R. 744; eff. 9-13-2006.)