CHAPTER
Saf-C 4300 OIL DISCHARGE AND DISPOSAL LICENSE
PART Saf-C 4301 PURPOSE
Saf-C 4301.01 Purpose. The purpose of these rules is to manage and
administer the oil discharge and disposal license and the respective payment of
fees to the state of
Source. #5792, eff 2-24-94; ss by #7199, INTERIM, eff
2-24-00, EXPIRES: 6-23-00; ss by #7219, eff 3-29-00, EXPIRED: 3-29-08
New. #9376, eff 1-30-09
PART Saf-C 4302 DEFINITIONS
Saf-C 4302.01
"Administrator" means the administrator of the bureau of road
toll, department of safety.
Source. #5792, eff 2-24-94; ss by #7199, INTERIM, eff
2-24-00, EXPIRES: 6-23-00; ss and moved by #7219, eff 3-29-00 (formerly Saf-C
4301.02), EXPIRED: 3-29-08
New. #9376, eff 1-30-09
Saf-C 4302.02
"Board" means the oil fund disbursement board.
Source. #9376, eff 1-30-09
Saf-C 4302.03
"Bureau" means the bureau of road toll, department of safety.
Source. #9376, eff 1-30-09
Saf-C 4302.04
"Distributor" means "distributor" as defined in RSA
146-D:2, I.
Source. #9376, eff 1-30-09
Saf-C 4302.05
"Fees" means the fees stipulated in RSA 146-D:3, II.
Source. #9376, eff 1-30-09
Saf-C 4302.06 “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. #9376, eff 1-30-09
Saf-C 4302.07
"Import" means the conveyance of oil into
Source. #9376, eff 1-30-09
Saf-C 4302.08
"Oil" means "oil" as defined in RSA 146-D:2, III.
Source. #9376, eff 1-30-09
Saf-C 4302.09
"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. #9376, eff 1-30-09
Saf-C 4302.10
"Report" means any report submitted to the bureau as required
by RSA 146-A:11-b or these rules.
Source. #9376, eff 1-30-09
PART Saf-C 4303 LICENSE REQUIREMENTS
Saf-C 4303.01 Oil
Discharge and Disposal License Required. Any person importing oil shall first procure a
license from the bureau.
Source. #5792, eff 2-24-94; ss by #7199, INTERIM, eff
2-24-00, EXPIRES: 6-23-00; ss and moved by #7219, eff 3-29-00 (from Saf-C
4302.01), EXPIRED: 3-29-08
New. #9376, eff 1-30-09
Saf-C 4303.02 Fee
Due at Importation. Import fees
shall be payable to the bureau by the licensee, for each gallon of oil intended
for distribution, sale or use that crosses any state geographic border. If a
product is imported by ship or barge, the connection at the flange shall be
deemed the state line.
Source. #5792, eff 2-24-94; ss by #7199, INTERIM, eff
2-24-00, EXPIRES: 6-23-00; ss and moved by #7219, eff 3-29-00 (formerly Saf-C
4302.02), EXPIRED: 3-29-08
New. #9376, eff 1-30-09
Saf-C 4303.03 Application
for License.
(a) Each applicant
for an oil discharge and disposal license shall complete form RT-50,
Application for Oil Discharge and Disposal 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 oil and the estimated gallons per
year of the oil to be imported;
(5) Address and capacity size of each oil storage
facility;
(6) The type of oil to be stored at each
facility; and
(7) Applicant’s signature and title.
Source. #5792, eff 2-24-94; ss by #7199, INTERIM, eff
2-24-00, EXPIRES: 6-23-00; ss and moved by #7219, eff 3-29-00 (formerly Saf-C
4302.03), EXPIRED: 3-29-08
New. #9376, eff 1-30-09
Saf-C 4303.04 Oil
Discharge And Disposal License.
(a) An application
for an oil discharge and disposal license shall be approved as follows:
(1) Form RT-50, pursuant to Saf-C 4303.03, is
complete; and
(2) The applicant is not operating under a
pre-existing oil discharge and disposal license.
(b) Upon approval of
form RT-50, an oil discharge and disposal license shall be issued to the
applicant, in the form of a certificate.
(c) An oil discharge
and disposal license shall be non-transferable and shall remain in effect
unless suspended, pursuant to Saf-C 4303.06, or closed, pursuant to Saf-C
4303.05.
Source. #5792, eff 2-24-94; amd by #5988, eff
2-22-95; amd by #7199, INTERIM, eff 2-24-00, EXPIRES: 6-23-00; ss and moved by
#7219, eff 3-29-00 (formerly Saf-C 4302.04), EXPIRED: 3-29-08
New. #9376,
eff 1-30-09
Saf-C 4303.05
Closing of Accounts.
(a) A licensee
subject to the provisions of the oil discharge and disposal 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-D, and interest imposed pursuant to RSA
146-D:3, III 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 discharge
and disposal license issued by the bureau.
(d) The licensee
shall be subject to all of the provisions of RSA 146-A:11-b, RSA 146-D 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 that a refund is justified, the bureau shall
issue the refund to the licensee in the amount of the existing credit.
Source. #5792, eff 2-24-94; ss by #7199, INTERIM, eff
2-24-00, EXPIRES: 6-23-00; ss and moved by #7219, eff 3-29-00 (formerly Saf-C
4302.05), EXPIRED: 3-29-08
New. #9376, eff 1-30-09
Saf-C 4303.06 Suspension
of Oil Discharge and Disposal License.
The administrator, after a hearing, shall suspend an oil discharge and
disposal 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. #5792, eff 2-24-94; ss by #7199, INTERIM, eff
2-24-00, EXPIRES: 6-23-00; ss and moved by #7219, eff 3-29-00 (formerly Saf-C
4302.06), EXPIRED: 3-29-08
New.
#9376, eff 1-30-09
Saf-C 4303.07 Hearings. All hearings shall be conducted pursuant to
Saf-C 200.
Source. #5792, eff 2-24-94; ss by #7199, INTERIM, eff
2-24-00, EXPIRES: 6-23-00; ss and moved by #7219, eff 3-29-00 (formerly Saf-C
4302.07), EXPIRED: 3-29-08
New.
#9376, eff 1-30-09
PART Saf-C 4304 REPORTING AND AUDITING
Saf-C 4304.01 Reporting.
(a) Licensees shall
file all monthly reports required by RSA 146-D:3, III and these rules with the bureau
by the prescribed filing date.
(b) All reports
shall be filed on form RT-51, Oil Discharge and Disposal 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; and
c. Diesel fuel;
(5) Receipts, in whole gallons, from locations
within
a. Automotive gasoline;
b. Aviation gasoline; and
c. Diesel fuel;
(6) Purchases, in whole gallons, shipped directly
to customers in
a. Automotive gasoline;
b. Aviation gasoline; and
c. Diesel fuel;
(7) Number of whole gallons of oil blended by the
licensee to create any of the following:
a. Automotive gasoline;
b. Aviation gasoline; and
c. Diesel fuel;
(8) Total receipts of whole gallons for each of
the following:
a. Automotive gasoline;
b. Aviation gasoline; and
c. Diesel fuel;
(9) Number of whole gallons of sales and
transfers out-of-state for each of the following:
a. Automotive gasoline;
b. Aviation gasoline; and
c. Diesel fuel;
(10) 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; and
c. Diesel fuel;
(11) Total distribution of gallons, not subject to
the fee, of each of the following:
a. Automotive gasoline;
b. Aviation gasoline; and
c. Diesel fuel;
(12) Total distribution gallons, subject to the
fee, of each of the following:
a. Automotive gasoline;
b. Aviation gasoline; and
c. Diesel fuel;
(13) Fee computation for each of the following:
a. Automotive gasoline;
b. Aviation gasoline; and
c. Diesel fuel; and
(14) Licensee’s signature and title.
(d) Form RT-51 shall
be submitted with all proper supporting documentation, including forms RT-45,
Oil Discharge and Pollution Control Delivery Schedule.
(e) A separate RT-45
shall be prepared for each oil type.
(f) 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
e. RT 45-5 "Tax Paid Purchases".
(4) Delivery date;
(5) Transporter's name;
(6) Transporter's license number;
(7) Supplier's name;
(8) State of origin;
(9) Customer/purchaser's name and address;
(10) Oil type;
(11) Quantity of oil, in whole gallons; and
(12) Total number of gallons.
(g) All required
reports shall be filed, even in those cases where no operations occurred within
the state, during a given reporting period.
(h) 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-D:3, III and
these rules.
(i) A facsimile of
the official forms provided by the bureau shall be accepted if the licensee
does not have access to the official forms.
(j) The failure of
any person to procure a license, as required by RSA 146-D:3 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-D.
(k) Exports shall be
reported on form RT-45-4, but shall not be subject to the fee.
Source. #5792, eff 2-24-94; ss by #7199, INTERIM, eff
2-24-00, EXPIRES: 6-23-00; ss and moved by #7219, eff 3-29-00 (from Saf-C
4303.01), EXPIRED: 3-29-08
New.
#9376, eff 1-30-09
Saf-C 4304.02 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. #7219, eff 3-29-00 (from Saf-C 4303.02),
EXPIRED: 3-29-08
New.
#9376, eff 1-30-09
Saf-C 4304.03 Penalty
or Interest Assessments. Late
payment or late filing of the fees due under the provisions of RSA 146-D shall
result in penalty and interest assessments as specified in RSA 146-D:3, III and
Saf-C 304.05(h).
Source. #7219, eff 3-29-00 (from Saf-C 4303.03),
EXPIRED: 3-29-08
New.
#9376, eff 1-30-09
Saf-C 4304.04
Waiver of Penalties or Interest.
(a) Any licensee may
request the bureau, in writing, for a waiver of penalties assessed under the
provisions of RSA 146-D.
(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 the request to the board.
(d) Upon review of
the request, the board, pursuant to RSA 146-D:5, I(f) and Odb 202, shall notify
the licensee of its decision.
Source. #7219, eff 3-29-00 (from Saf-C 4303.04),
EXPIRED: 3-29-08
New.
#9376, eff 1-30-09
Saf-C 4304.05 Overpayment
and Underpayment.
(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. #7219, eff 3-29-00 (from Saf-C 4303.05),
EXPIRED: 3-29-08
New.
#9376, eff 1-30-09
Saf-C 4304.06 Protested
Checks. The bureau shall pursue
protested checks in accordance with the procedures set forth in Saf-C 304.06.
Source. #7219, eff 3-29-00 (from Saf-C 4303.06),
EXPIRED: 3-29-08
New.
#9376, eff 1-30-09
Saf-C 4304.07 Audits. All auditing rules, procedures and forms
shall be the same as those set forth in Saf-C 304 and Saf-C 308.
Source. #7219, eff 3-29-00 (from Saf-C 4303.07),
EXPIRED: 3-29-08
New.
#9376, eff 1-30-09
PART
Saf-C 4305 OIL DISCHARGE AND DISPOSAL
LICENSE FORMS – EXPIRED
Saf-C
4305.01 Forms – EXPIRED
Source. #7219, eff 3-29-00 (from Saf-C 4303.07),
EXPIRED: 3-29-08
APPENDIX
|
Rule |
Statute |
|
Saf-C
4301.01 |
RSA
260:38; RSA 146-D:1; D:2; D:3 |
|
Saf-C
4301.02-4302.10 |
RSA
260:38; RSA 146-D:1; RSA 541-A:7 |
|
Saf-C
4303.01-4303.05 |
RSA
146-D:3; RSA 541-A:16 |
|
Saf-C
4303.06 |
RSA
146-A:11; RSA 146-D:3 |
|
Saf-C
4303.07 |
RSA
541-A:30-a |
|
Saf-C
4304.01 |
RSA
146-D:3; RSA 541-A:16 |
|
Saf-C
4304.02 |
RSA
541-A:7 |
|
Saf-C
4304.03-4304.04 |
RSA
146-D:3 |
|
Saf-C
4304.05 |
RSA
146-D:3; RSA 541-A:7 |
|
Saf-C
4304.06-4304.07 |
RSA
6:11-a; RSA 146-D:3 |
|
Saf-C
4305.01 – EXPIRED |
RSA
541-A:16 |