N.Y. Environmental Conservation Law § 40-0107: Registration and fees

§ 40-0107. Registration and fees.

1. On or before July first, nineteen hundred eighty-seven, the

department shall promulgate a schedule of registration fees per storage

facility for the cost of inspecting such facilities and based on the

size and type of such facilities, which shall not exceed:

a. one hundred twenty-five dollars per facility, up to two hundred

fifty facilities at a single contiguous site; and

b. seventy-five dollars per facility in excess of two hundred fifty

facilities at a single contiguous site.

In no case shall the registration fees charged to an owner exceed

fifty thousand dollars for storage facilities located at a single

contiguous site. Fees shall be paid to the department at the time of

registration or registration renewal. Registration shall be renewed

every two years or whenever title to a storage facility is transferred,

whichever first occurs. Registration shall be on forms and in accordance

with procedures prescribed by the department.

2. Within one year of the promulgation of the schedule of registration

fees pursuant to subdivision one of this section, all owners shall

identify and register each storage facility with the department.

3. The fees established pursuant to this section are intended to

provide revenues sufficient to meet the costs incurred by the department

in implementing the provisions of this article on and after the

promulgation of the schedule of registration fees. All fees collected

pursuant to this section shall be paid to the state comptroller for

deposit in the miscellaneous special revenue fund, hazardous substances

bulk storage account, and shall be subject to appropriation and

allocation pursuant to the state finance law. Expenditures from the

hazardous substances bulk storage account of the miscellaneous special

revenue fund shall be limited to the costs of the department related to

this article. The commissioner shall, on or before December

thirty-first, nineteen hundred eighty-eight, report to the legislature

and the governor on the adequacy of the fee schedule in providing

sufficient revenues necessary to implement the provisions of this

article.