Section 977.12. Owner and operator fees

(a) Annual fees. The Board may charge fees established in this section, based on an annual actuarial review.

(b) Tank and gallon fees. A UST owner or operator storing gasoline, new motor oil, hazardous substances, gasohol, aviation fuel, mixture, farm diesel and other types of substances based on the tank registration information maintained by the DEP may be assessed the following fees:

(1) Tank fee. A tank fee of $0 per UST per year.

(2) Gallon fee. A gallon fee on all regulated substances entering a UST of $.011 per gallon. (For example, 10,000 gallons at $.011 per gallon equals $110).

(c) Nonretail bulk storage. Total fees paid by an owner or operator of a nonretail bulk storage or wholesale distribution UST storing gasoline are established using the method described in subsection (b) and are capped at $5,000 per UST per year in accordance with section 705(d)(3) of the act (35 P. S. § 6021.705(d)(3)).

(d) Capacity fee. An owner or operator which stores regulated substances including diesel, heating oil, used motor oil, kerosene and unknown substances based on the tank registration information maintained by the DEP may be assessed a capacity fee of $.0825 per gallon of capacity, which amount is established in accordance with section 705(d)(2) of the act (35 P. S. § 6021.705(d)(2)).(For example, 10,000 gallons at $.0825 per gallon equals $825).

The provisions of this § 977.12 amended March 22, 2002, effective April 1, 2002, 32 Pa.B. 1515; amended December 20, 2002, effective December 21, 2002, 32 Pa.B. 6258; amended December 26, 2003, effective January 1, 2004, 33 Pa.B. 6420. Immediately preceding text appears at serial pages (294813) to (294814).

Notation

Authority

The provisions of this § 977.12 amended under sections 206, 506, 1501 and 1502 of The Administrative Code of 1929 (71 P. S. § § 66, 186, 411 and 412); and section 705 of the Storage Tank and Spill Prevention Act (35 P. S. § 6021.705).

Cross References

This section cited in 25 Pa. Code § 977.4 (relating to definitions); 25 Pa. Code § 977.13 (relating to tank fee payment procedure); 25 Pa. Code § 977.14 (relating to gallon fee payment procedure; 25 Pa. Code § 977.17 (relating to security for payment of gallon fee); 25 Pa. Code § 977.18 (relating to capacity fee payment procedure).