CHAPTER
Saf-C 4200 OIL POLLUTION CONTROL LICENSE
RULES
Statutory
Authority: RSA 21-P:14,V(q), 260:38, IV
PART
Saf-C 4201 PURPOSE
Saf-C 4201.01 Purpose. The purpose of these rules is to manage and administer
the oil pollution control license and the respective payment of fees to the
state of
Source. #5674, INTERIM eff 7-22-93, Expired 11-19-93
New. #5807, eff 4-14-94; ss by #7220, INTERIM, eff
4-14-00, EXPIRED: 8-12-00
New. #7348, eff 8-22-00, EXPIRED: 8-22-08
New. #9375, eff 1-30-09
PART
Saf-C 4202 DEFINITIONS
Saf-C 4202.01 "Administrator" means the
administrator of the bureau of road toll, department of safety.
Source. #5674, INTERIM eff 7-22-93, Expired 11-19-93
New. #5807, eff 4-14-94; ss by #7220, INTERIM, eff
4-14-00, EXPIRED: 8-12-00
New. #7348, eff 8-22-00, EXPIRED: 8-22-08
New. #9375, eff 1-30-09
Saf-C 4202.02 "Bureau" means the bureau of road
toll, department of safety.
Source. #9375, eff 1-30-09
Saf-C 4202.03 "Division" means the division of
waste management, department of environmental services.
Source. #9375, eff 1-30-09
Saf-C 4202.04 "Fees" means the fees stipulated in
RSA 146-A-11:b, II.
Source. #9375, eff 1-30-09
Saf-C 4202.05 “Gallon” means a liquid measure that is not corrected
for temperature and that contains 231 cubic inches or the equivalent of 4 ¼ pounds of propane or 100 cubic feet of
natural gas. The term includes “gross gallons”.
Source. #9375, eff 1-30-09
Saf-C 4202.06 "Oil" means "oil" as
defined in RSA 146-A:11-b, I(c).
Source. #9375, eff 1-30-09
Saf-C 4202.07 "Prescribed filing date" means the
date pursuant to RSA 146-A:11-b, IV, on which reports are required to be filed
with the bureau.
Source. #9375, eff 1-30-09
Saf-C 4202.08 "Report" means a written accounting
submitted to the bureau as required by RSA 146-A:11-b or these rules.
Source. #9375, eff 1-30-09
PART
Saf-C 4203 LICENSE REQUIREMENTS
Saf-C 4203.01 Oil Pollution Control License Required. Any person importing oil shall first procure
a license from the bureau.
Source. #5674, INTERIM eff 7-22-93, Expired 11-19-93
New. #5807, eff 4-14-94; ss by #7220, INTERIM, eff
4-14-00, EXPIRED: 8-12-00
New. #7348, eff 8-22-00, EXPIRED: 8-22-08
New. #9375, eff 1-30-09
Saf-C 4203.02 Importers.
(a)
For the purpose of these rules "importer" means:
(1) An out-of-state seller who owns the product
as it crosses the state line into New Hampshire, or has hired a transporter to
deliver said product, and of which the title to said product passes to the
customer, upon delivery at the customer facility; or
(2)
An in-state purchaser that picks up the
product out of state and owns it as it crosses the state line into New
Hampshire, or hires a transporter to deliver said product to his/her facility.
(b)
If a product is delivered by ship or barge, the connection at the flange
shall be deemed the state line.
Source. #5674, INTERIM eff 7-22-93, Expired 11-19-93
New. #5807, eff 4-14-94; ss by #7220, INTERIM, eff
4-14-00, EXPIRED: 8-12-00
New. #7348, eff 8-22-00, EXPIRED: 8-22-08
New. #9375, eff 1-30-09
Saf-C 4203.03 Application for License.
(a)
Each applicant for an oil pollution control license shall complete form
RT-50, Application for Oil Pollution Control License.
(b)
Each applicant shall furnish the following on form RT-50:
(1) Applicant’s name, business address and
telephone number;
(2) Applicant's federal employee identification
number;
(3) Address of the location where records will be
available for audit;
(4) The type of product and the estimated gallons
per year of the product to be imported;
(5) Address and capacity size of each bulk
storage facility;
(6) The type of product to be stored at each
facility; and
(7) Applicant’s signature and title.
Source. #5674, INTERIM eff 7-22-93, Expired 11-19-93
New. #5807, eff 4-14-94; ss by #7220, INTERIM, eff
4-14-00, EXPIRED: 8-12-00
New. #7348, eff 8-22-00, EXPIRED: 8-22-08
New. #9375, eff 1-30-09
Saf-C 4203.04 Oil Pollution Control License.
(a)
An application for an oil pollution control license shall be approved as
follows:
(1) Form RT-50, pursuant to Saf-C 4203.03, is
complete; and
(2) The applicant is not operating under a
pre-existing oil pollution control license.
(b) Upon approval of form RT-50, an
oil pollution control license shall be issued to the applicant, in the form of
a certificate.
(c)
An oil pollution control license shall be non-transferable and shall remain
in effect unless suspended, pursuant to Saf-C 4203.06, or closed, pursuant to
Saf-C 4203.05.
Source. #5674, INTERIM eff 7-22-93, Expired 11-19-93
New. #5807, eff 4-14-94; ss by #7220, INTERIM, eff
4-14-00, EXPIRED: 8-12-00
New. #7348, eff 8-22-00, EXPIRED: 8-22-08
New. #9375, eff 1-30-09
Saf-C 4203.05 Closing of Accounts.
(a)
A licensee subject to the provisions of the oil pollution control
license shall be considered to have ceased to do business within this state
upon notifying the bureau in writing, within 15 days of cessation of business.
(b)
All fees and penalties imposed pursuant to RSA 146-A:11-b, and interest
imposed pursuant to RSA 146-A:11-b and Saf-C 304.05(h), that have accumulated
prior to the end of any reporting period, shall become due and payable
concurrently with the cessation of business.
(c)
Upon cessation of doing business within the state, the licensee shall
report and pay in full all fees, interest and penalties not waived, and
surrender any oil pollution control license issued by the bureau.
(d)
The licensee shall be subject to all of the provisions of RSA 146-A:11-b
and these rules until all the requirements of this section have been met.
(e)
When a licensee closes his/her account with the bureau, any existing
credit shall thereupon lapse unless such licensee requests a refund of the
remaining credit. Written refund requests shall be submitted to the bureau
together with the licensee's notice of cessation of business. Upon receipt of
such refund request, the bureau shall investigate whether the refund is
justified. Once determined, the bureau shall issue the refund to the licensee
in the amount of the existing credit.
Source. #5674, INTERIM eff 7-22-93, Expired 11-19-93
New. #5807, eff 4-14-94; ss by #7220, INTERIM, eff
4-14-00, EXPIRED: 8-12-00
New. #7348, eff 8-22-00, EXPIRED: 8-22-08
New. #9375, eff 1-30-09
Saf-C 4203.06 Suspension of Oil Pollution Control
License. Upon any violation of the provisions of these rules and after a
hearing, the administrator, after a hearing, shall suspend an oil pollution
control license if, based upon the facts and circumstances of the case, there
is found to be an intentional, flagrant, and/or recurring violation of the
provisions of these rules.
Source. #5674, INTERIM eff 7-22-93, Expired 11-19-93
New. #5807, eff 4-14-94; ss by #7220, INTERIM, eff
4-14-00, EXPIRED: 8-12-00
New. #7348, eff 8-22-00, EXPIRED: 8-22-08
New. #9375, eff 1-30-09
Saf-C 4203.07 Hearings. All hearings shall be
conducted pursuant to Saf-C 200.
Source. #5674, INTERIM eff 7-22-93, Expired 11-19-93
New. #5807, eff 4-14-94; ss by #7220, INTERIM, eff
4-14-00, EXPIRED: 8-12-00
New. #7348, eff 8-22-00, EXPIRED: 8-22-08
New. #9375, eff 1-30-09
PART
Saf-C 4204 REPORTING AND AUDITING
Saf-C 4204.01 Reporting.
(a)
Licensees shall file all monthly reports required by RSA 146-A:11-b,
II–IV and these rules with the bureau by the prescribed filing date.
(b)
All reports shall be filed on form RT-51, Oil Discharge and Pollution
Control Report.
(c)
Each licensee shall furnish the following on form RT-51:
(1) Licensee’s name, business address and
telephone number;
(2) Month of the reporting period;
(3) License number;
(4) Receipts, in whole gallons, from locations
outside of
a. Automotive gasoline;
b. Aviation gasoline;
c. Diesel fuel;
d. Jet fuel;
e. Heating oil;
f. Motor oil; and
g. Other type of oil;
(5) Receipts, in whole gallons, from locations
within
a. Automotive gasoline;
b. Aviation gasoline;
c. Diesel fuel;
d. Jet fuel;
e. Heating oil;
f. Motor oil; and
g. Other type of oil;
(6) Total receipts of whole gallons for each of
the following:
a. Automotive gasoline;
b. Aviation gasoline;
c. Diesel fuel;
d. Jet fuel;
e. Heating oil;
f. Motor oil; and
g. Other type of oil;
(7) Number of whole gallons of sales and
transfers out-of-state for each of the following:
a. Automotive gasoline;
b. Aviation gasoline;
c. Diesel fuel;
d. Jet fuel;
e. Heating oil;
f. Motor oil; and
g. Other type of oil;
(8) Number of whole gallons of which the fee was
paid to the supplier by the licensee at the time of purchase for each of the following:
a. Automotive gasoline;
b. Aviation gasoline;
c. Diesel fuel;
d. Jet fuel;
e. Heating oil;
f. Motor oil; and
g. Other type of oil;
(9) Total distribution of gallons, not subject to
the fee, of each of the following:
a. Automotive gasoline;
b Aviation gasoline;
c. Diesel fuel;
d. Jet fuel;
e. Heating oil;
f. Motor oil; and
g. Other type of oil;
(10) Total distribution of gallons, subject to the
fee, of each of the following:
a. Automotive gasoline;
b. Aviation gasoline;
c. Diesel fuel;
d. Jet fuel;
e. Heating oil;
f. Motor oil; and
g. Other type of oil;
(11) Fee computation for each of the following:
a. Automotive gasoline;
b. Aviation gasoline;
c. Diesel fuel;
d. Jet fuel;
e. Heating oil;
f. Motor oil; and
g. Other type of oil; and
(12) Licensee’s signature and title.
(d)
Form RT-51 shall be submitted with all proper supporting documentation,
including form RT-45, Oil Discharge & Pollution Control Delivery Schedule,
for each type of product.
(e)
Each separate RT-45 shall include the following:
(1) Month of the reporting period;
(2) License number;
(3) Proper schedule number as follows:
a. RT 45-1 "Receipts From Locations Outside
b. RT 45-2 "Receipts From Locations Within
c. RT 45-4 "Sales And Transfers Out Of
State"; and
d. RT 45-5 "Tax Paid Purchases";
(4) Delivery date;
(5) Transporter's name;
(6) Supplier's name;
(7) State of origin;
(8) Customer/purchaser's name and address;
(9) Product type;
(10) Quantity of product, in whole gallons; and
(11) Total number of gallons.
(f)
All required reports shall be filed, even in those cases where no operations
occurred within the state, during a given reporting period.
(g)
The failure or inability to acquire forms shall not exempt licensees
from their obligation to file the required reports within the time specified,
as required in RSA 146-A:11-b, IV and these rules.
(h)
A facsimile of the official forms provided by the bureau shall be
accepted if the licensee does not have access to the official forms.
(i)
The failure of any person to procure a license, as required by RSA
146-A:11-b, II, and these rules, shall not relieve the person from liability
for all fees incurred as a result of the receipt of products as described in
RSA 146-A.
(j)
Exports shall be reported on form RT-45-4, but shall not be subject to
the fee.
Source. #5674, INTERIM eff 7-22-93, Expired 11-19-93
New. #5807, eff 4-14-94; ss by #7220, INTERIM, eff
4-14-00, EXPIRED: 8-12-00
New. #7348, eff 8-22-00, EXPIRED: 8-22-08
New. #9375, eff 1-30-09
Saf-C 4204.02 Filing Date.
(a)
The filing date for reports that are mailed to the bureau shall be the
date on the post office cancellation mark, or if delivered by another service,
the date of shipment.
(b)
The filing date for hand-delivered reports shall be the date upon which
they are received and stamped at the bureau.
Source. #7348, eff 8-22-00, EXPIRED: 8-22-08
New. #9375, eff 1-30-09
Saf-C 4204.03 Penalty or Interest Assessments. Late payment or late filing of the fees due
under the provisions of RSA 146-A shall result in penalty and interest
assessments as specified in RSA 146-A:11-b, IV and Saf-C 304.05(h).
Source. #7348, eff 8-22-00, EXPIRED: 8-22-08
New. #9375, eff 1-30-09
Saf-C 4204.04 Waiver of Penalties or Interest.
(a)
Any licensee may request the bureau, in writing, for a waiver of
penalties or interest assessed under the provisions of RSA 146-A:11-b.
(b)
A request for a waiver shall address the following issues:
(1) The circumstances that led to the filing of
the late report(s) or late payment of fees by the licensee; and
(2) The reason(s) the applicant believes he/she
is entitled to a waiver.
(c)
The bureau shall forward any request for a waiver to the division for action
as specified in RSA 146-A:11-b, IV.
Source. #7348, eff 8-22-00, EXPIRED: 8-22-08
New. #9375, eff 1-30-09
Saf-C 4204.05 Overpayments and Underpayments.
(a)
If a licensee has overpaid the required fees, a refund shall be
generated by the bureau. If a licensee
has underpaid the required fees, a billing invoice shall be generated by the
bureau.
(b)
Notwithstanding (a) above, amounts of less than one dollar shall not be
invoiced or refunded and said amounts shall be carried on the customer's record
as a credit or debit amount.
Source. #7348, eff 8-22-00, EXPIRED: 8-22-08
New. #9375, eff 1-30-09
Saf-C 4204.06 Protested Checks. The bureau shall pursue protested checks in accordance
with the procedures set forth in Saf-C 304.06.
Source. #7348, eff 8-22-00, EXPIRED: 8-22-08
New. #9375, eff 1-30-09
Saf-C 4204.07 Audits. All auditing rules, procedures and forms shall
be the same as those set forth in Saf-C 304 and Saf-C 308.
Source. #7348, eff 8-22-00, EXPIRED: 8-22-08
New. #9375, eff 1-30-09
PART
Saf-C 4205 Oil Pollution Control License Forms
Saf-C 4205.01 Forms. - RESERVED
Source. #7348, eff 8-22-00; amd by #8150, eff
8-30-04; paragraphs (a), (c), & (d) EXPIRED: 8-22-08; amd by #9375, eff
1-30-09 (paragraph (b) deleted)
APPENDIX
|
Rule |
Statute |
|
Saf-C 4201.01 |
RSA 260:38, IV; RSA 146-A:11-b |
|
Saf-C 4202.01 –
4202.08 |
RSA 260:38; RSA 146-A:11-b; RSA 541-A:7 |
|
Saf-C 4203.01 |
RSA 146-A:11-b |
|
Saf-C 4203.02 |
RSA 541-A:7 |
|
Saf-C 4203.03 |
RSA 260:38; RSA 541-A:16 |
|
Saf-C 4203.04 |
RSA 146-A:11-b |
|
Saf-C 4203.05- 4203.06 |
RSA 260:38 |
|
Saf-C 4203.07 |
RSA 541-A:30-a |
|
Saf-C 4204.01 |
RSA 146-A:11-b; RSA 260:38, IV; RSA 541-A:16 |
|
Saf-C 4204.02 |
RSA 541-A:7 |
|
Saf-C 4204.03- 4204.04 |
RSA 146-A:11-b |
|
Saf-C 4204.05 |
RSA 260:38; RSA 541-A:7 |
|
Saf-C 4204.06 |
RSA 6:11-a; RSA 260:38 |
|
Saf-C 4204.07 |
RSA 260:38 |