CHAPTER Saf-C 4400  FUEL OIL DISCHARGE CLEANUP FEES RULES

 

Statutory Authority:  RSA 21-P:14, V(q); RSA 260:38, IV

 

PART Saf-C 4401  GENERAL ADMINISTRATION

 

            Saf-C 4401.01  Purpose.  The purpose of these rules is to manage the reporting and auditing requirements for the payment of the fuel oil discharge cleanup fees to the state of New Hampshire.

 

Source.  #5808, eff 4-14-94; ss by #7221, INTERIM, eff 4-14-00, EXPIRES: 8-12-00; ss by #7288, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #9377, eff 1-30-09; ss by #10021, eff 11-9-11; ss by #13038, eff 4-20-20

 

PART Saf-C 4402  DEFINITIONS

 

            Saf-C 4402.01  “Accountable product/motor fuel” means any product which is subject to the reporting requirement of a state, regardless of its intended use or taxability.

 

Source.  #5808, eff 4-14-94; ss by #7221, INTERIM, eff 4-14-00, EXPIRES: 8-12-00; ss by #7288, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #9377, eff 1-30-09; ss by #10021, eff 11-9-11; ss by #13038, eff 4-20-20

 

Saf-C 4402.02  “Automated clearing house (ACH) debit” means a debit in which information and payment(s) are electronically transmitted to the department.

 

Source.  #9377, eff 1-30-09; ss by #10021, eff 11-9-11 (from Saf-C 4402.01); ss by #13038, eff 4-20-20 (formerly Saf-C 4402.01)

 

            Saf-C 4402.03  "Bureau" means the bureau of road toll, department of safety.

 

Source.  #9377, eff 1-30-09; ss by #10021, eff 11-9-11; ss by #10021, eff 11-9-11; ss by #13038, eff 4-20-20 (formerly Saf-C 4402.02)

 

            Saf-C 4402.04  “Electronic” means “electronic” as defined in RSA 294-E:2, V namely, “relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.”

 

Source.  #9377, eff 1-30-09; ss by #10021, eff 11-9-11; ss by #13038, eff 4-20-20 (formerly Saf-C 4402.03)

 

            Saf-C 4402.05  “Electronic record” means “electronic record” as defined in RSA 294-E:2, VII namely, a “record created, generated, sent, communicated, received, or stored by electronic means.”

 

Source.  #9377, eff 1-30-09; ss by #10021, eff 11-9-11; ss by #13038, eff 4-20-20 (formerly Saf-C 4402.04)

 

            Saf-C 4402.06  “Electronic signature” means “electronic signature” as defined in RSA 294-E:2 VIII namely, “an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.”

 

Source.  #10021, eff 11-9-11 (from Saf-C 4402.02); ss by #13038, eff 4-20-20 (formerly Saf-C 4402.05)

 

            Saf-C 4402.07  "Fees" means the fees stipulated in RSA 146-A:11-b, II.

 

Source.  #10021, eff 11-9-11 (from Saf-C 4402.03); ss by #13038, eff 4-20-20 (formerly Saf-C 4402.06)

 

            Saf-C 4402.08  “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.  #10021, eff 11-9-11 (from Saf-C 4402.04); ss by #13038, eff 4-20-20 (formerly Saf-C 4402.08)

 

            Saf-C 4402.09  "Oil" means "fuel oil" as defined in RSA 146-A:2, III.

 

Source.  #10021, eff 11-9-11; ss by #13038, eff 4-20-20 (formerly Saf-C 4402.08)

 

            Saf-C 4402.10 “Pipeline” means a fuel distribution system that moves product, in bulk, through a pipe, either from a refinery to a terminal or from a terminal to another terminal.

 

Source.  #10021, eff 11-9-11; ss by #13038, eff 4-20-20 (formerly Saf-C 4402.09)

 

            Saf-C 4402.11  “Rack” means a mechanism used to dispense accountable product/motor fuel from a refinery, terminal or bulk plant into a transport truck, railroad tank car or other means of transportation.

 

Source.  #10021, eff 11-9-11; ss by #13038, eff 4-20-20 (formerly Saf-C 4402.11)

 

Saf-C 4402.12  “Refinery” means any facility used to process crude oil, unfinished oils, natural gas liquids or other hydrocarbons into any accountable product/motor fuel.

 

Source.  #10021, eff 11-9-11 (from Saf-C 4402.05); ss by #13038, eff 4-20-20 (formerly Saf-C 4402.11)

 

            Saf-C 4402.13  "Report" means any document submitted to the bureau as required by RSA 146-A:11-b or these rules.

 

Source.  #10021, eff 11-9-11; ss by #13038, eff 4-20-20 (formerly Saf-C 4402.12)

 

            Saf-C 4402.14  “Terminal” means a reportable fuel and distribution facility that is supplied by pipeline or vessel and from which reportable fuel may be removed at a rack. The term includes bulk plants that store reportable fuel for others.

 

Source.  #10021, eff 11-9-11; ss by #13038, eff 4-20-20 (formerly Saf-C 4402.13)

 

            Saf-C 4402.15  “Transaction” means a line of data on a road toll report schedule.

 

Source.  #10021, eff 11-9-11; ss by #13038, eff 4-20-20 (formerly Saf-C 4402.14)

 

            Saf-C 4402.16  “Vessel” means a ship, boat, barge or other watercraft that is designed to move in or through the water.

Source.  #10021, eff 11-9-11; ss by #13038, eff 4-20-20 (formerly Saf-C 4402.15)

 

PART Saf-C 4403  LICENSING REQUIREMENTS

 

            Saf-C 4403.01  Oil Discharge and Pollution Control License Required.  Any person importing oil shall first procure a license from the bureau pursuant to RSA 146-A:11-b and Saf-C 4303.

 

Source.  #5808, eff 4-14-94; ss by #7221, INTERIM, eff 4-14-00, EXPIRES: 8-12-00; ss by #7288, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #9377, eff 1-30-09; ss by #10021, eff 11-9-11; ss by #13038, eff 4-20-20

 

            Saf-C 4403.02  Applicability.  Any person licensed pursuant to RSA 146-A:11-b and Saf-C 4303 shall be liable for the payment of fees assessed under RSA 146-A:11-b, II.

 

Source.  #5808, eff 4-14-94; ss by #7221, INTERIM, eff 4-14-00, EXPIRES: 8-12-00; ss by #7288, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #9377, eff 1-30-09; ss by #10021, eff 11-9-11; ss by #13038, eff 4-20-20

 

PART Saf-C 4404  REPORTING AND AUDITING REQUIREMENTS

 

            Saf-C 4404.01  Reporting and Auditing.

 

            (a)  All reporting and auditing requirements for these rules shall be the same as those prescribed in Saf-C 4304.

 

            (b)  All forms for these rules shall be the same as those prescribed in Saf-C 4303.04 and Saf-C 4304.01.

 

Source.  #5808, eff 4-14-94; ss by #7221, INTERIM, eff 4-14-00, EXPIRES: 8-12-00; ss by #7288, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #9377, eff 1-30-09; ss by #10021, eff 11-9-11; ss by #13038, eff 4-20-20

 

 

APPENDIX

 

Rule Number

Statute Implemented

Saf-C 4401.01

RSA 146-A:11-b, IV; RSA 260:38, IV

Saf-C 4402.01-4402.03

RSA 260:38, IV; RSA 146-A:11-b;

RSA 21-P:6; RSA 541-A:7

Saf-C 4402.04

RSA 294-E:2, V

Saf-C 4402.05

RSA 294-E:2, VII

Saf-C 4402.06

RSA 294-E:2, VIII

Saf-C 4402.07

RSA 146-A:11-b, II

Saf-C 4402.08

RSA 260:38, IV; RSA 146-A:11-b, II;

RSA 541-A:7

Saf-C 4402.09

RSA 146-A:2, III

Saf-C 4402.10-4402.12

RSA 260:38, IV; 146-A:11-b, II3; RSA 541-A:7

Saf-C 4402.13

RSA 146-A:11-b

Saf-C 4402.14-4402.16

RSA 260:38, VI; RSA 146-A:11-b, I(b);

RSA 146-A:11-c; RSA 541-A:7

Saf-C 4403.01-4403.02

RSA 146-A:11-b

Saf-C 4404.01

RSA 260:38; RSA 260:44; RSA 146-A:11-b