§ 1943. Petroleum tank assessment

(a) Each owner of a category one tank used for storage of petroleum products shall annually remit to the Secretary $100.00 per double-wall tank system; $250.00 per combination tank system if the single-wall tank has been lined; $500.00 for all other combination tank systems; and $1,000.00 per single-wall tank system, which shall be deposited to the Petroleum Cleanup Fund established by section 1941 of this title, except that:

(1) For retail gasoline outlets that sell less than 40,000 gallons of motor fuel per month, the fee shall be:

(A) $75.00 per double-wall tank system;

(B) $125.00 per combination tank system; and

(C) $175.00 per single-wall tank system.

(2) The fee shall be reduced by 50 percent if the owner or permittee provides to the satisfaction of the Secretary evidence of financial responsibility to allow the taking of corrective action in the amount of $100,000.00 per occurrence and the compensation of third parties for bodily injury and property damage in the amount of $300,000.00 per occurrence.

(3) The fee shall be relieved if the owner provides to the satisfaction of the Secretary, evidence of financial responsibility to allow the taking of corrective action and the compensation of third parties for bodily injury and property damage each in the amount of $1,000,000.00 per occurrence.

(4) The fee for retail motor fuel outlets selling 20,000 gallons or less per month shall not exceed $100.00 per year for all double-wall tanks at a single location and shall not exceed $300.00 for all combination tank systems at a single location. This cap shall not apply to a retail motor fuel outlet utilizing a single-wall tank system.

(5) For any municipality that uses an annual average of less than 40,000 gallons of motor fuel per month, provided that all of the tanks of that municipality meet the requirements of this chapter, the fee shall be:

(A) $50.00 per double-wall tank system;

(B) $100.00 per combination tank system; and

(C) $150.00 per single-wall tank system.

(b) For purposes of this section, an occurrence is an accident, including continuous or repeated exposure to conditions, that results in the release of petroleum from one or more underground storage tanks at the same site.

(c) This tank assessment shall terminate on July 1, 2029.

(d) The Secretary shall establish forms and procedures for the payment of the petroleum tank assessment, including a notice of the obligation 30 days prior to being due. Failure to receive notice shall not waive the payment obligation. (Added 1987, No. 282 (Adj. Sess.), § 3; amended 1989, No. 110, §§ 9a, 10; 1993, No. 188 (Adj. Sess.), § 3; 1997, No. 132 (Adj. Sess.), § 10, eff. April 23, 1998; 2003, No. 48, § 3, eff. June 2, 2003; 2007, No. 76, § 31; 2009, No. 22, § 6; 2011, No. 161 (Adj. Sess.), § 3; 2013, No. 55, § 5, eff. July 1, 2014; 2017, No. 168 (Adj. Sess.), § 12, eff. May 22, 2018.)