Saf-C 4800 Auto Oil Fee

CHAPTER Saf-C 4800 AUTOMOBILE OIL FEE AND MOTOR OIL DISCHARGE CLEANUP FEES RULES

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

PART Saf-C 4801 GENERAL ADMINISTRATION

Saf-C 4801.01 Purpose. The purpose of these rules is to manage the reporting and auditing requirements for the payments of the automotive oil fees, and the motor oil discharge cleanup fees to the state of New Hampshire.

Source. #6006, eff 3-24-95, EXPIRED: 3-24-03

New. #8103, INTERIM, eff 6-18-04, EXPIRES: 12-15-04; ss by #8151, eff 8-30-04; ss by #9380, eff 1-30-09; ss by #10022, eff 11-9-11; ss by #13039, eff 4-20-20

PART Saf-C 4802 DEFINITIONS

Saf-C 4802.01 “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. #13039, eff 4-20-20

Saf-C 4802.02 “Automated clearing house (ACH) debit” means a debit in which information and payment(s) are electronically transmitted to the department.

Source. #9380, eff 1-30-09; ss by #10022, eff 11-9-11 (from Saf-C 4802.01); ss by #13039, eff 4-20-20 (formerly Saf-C 4802.01)

Saf-C 4802.03 "Bureau" means the bureau of road toll, department of safety.

Source. #9380, eff 1-30-09; ss by #10022, eff 11-9-11; ss by #13039, eff 4-20-20 (formerly Saf-C 4802.02)

Saf-C 4802.04 “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. #9380, eff 1-30-09; ss by #10022, eff 11-9-11; ss by #13039, eff 4-20-20 (formerly Saf-C 4802.03)

Saf-C 4802.05 “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. #9380, eff 1-30-09; ss by #10022, eff 11-9-11; ss by #13039, eff 4-20-20 (formerly Saf-C 4802.04)

Saf-C 4802.06 “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. #10022, eff 11-9-11 (from Saf-C 4802.02); ss by #13039, eff 4-20-20 (formerly Saf-C 4802.05)

Saf-C 4802.07 "Fees" means the fees stipulated in RSA 147-B:12 or RSA 146-A:11-b, II.

Source. #10022, eff 11-9-11 (from Saf-C 4802.03); ss by #13039, eff 4-20-20 (formerly Saf-C 4802.06)

Saf-C 4802.08 “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. #10022, eff 11-9-11; ss by #13039, eff 4-20-20 (formerly Saf-C 4802.07)

Saf-C 4802.09 “Motor oil” means “automotive oil” as defined in RSA 147-B:2, I-b.

Source. #10022, eff 11-9-11 (from Saf-C 4802.04); ss by #13039, eff 4-20-20 (formerly Saf-C 4802.08)

Saf-C 4802.10 "Oil" means "automotive oil" as defined in RSA 147-B:2, I-b.

Source. #10022, eff 11-9-11; ss by #13039, eff 4-20-20 (formerly Saf-C 4802.09)

Saf-C 4802.11 “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. #10022, eff 11-9-11; ss by #13039, eff 4-20-20 (formerly Saf-C 4802.10)

Saf-C 4802.12 “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. #10022, eff 11-9-11; ss by #13039, eff 4-20-20 (formerly Saf-C 4802.11)

Saf-C 4802.13 “Refinery” means any facility used to process crude oil, unfinished oils, natural gas liquids or other hydrocarbons into any accountable product/motor fuel.

Source. #10022, eff 11-9-11 (from Saf-C 4802.05); ss by #13039, eff 4-20-20 (formerly Saf-C 4802.12)

Saf-C 4802.14 "Report" means any report submitted to the bureau as required by RSA 146-A:11-b, IV or these rules.

Source. #10022, eff 11-9-11; ss by #13039, eff 4-20-20 (formerly Saf-C 4802.13)

Saf-C 4802.15 “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. #10022, eff 11-9-11; ss by #13039, eff 4-20-20 (formerly Saf-C 4802.14)

Saf-C 4802.16 “Transaction” means a line of data on a road toll report schedule.

Source. #10022, eff 11-9-11; ss by #13039, eff 4-20-20 (formerly Saf-C 4802.15)

Saf-C 4802.17 “Vessel” means a ship, boat, barge or other watercraft that is designed to move in or through the water.

Source. #10022, eff 11-9-11; ss by #13039, eff 4-20-20 (formerly Saf-C 4802.16)

PART Saf-C 4803 LICENSING REQUIREMENTS

Saf-C 4803.01 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. #6006, eff 3-24-95, EXPIRED: 3-24-03

New. #8103, INTERIM, eff 6-18-04, EXPIRES: 12-15-04; ss by #8151, eff 8-30-04; ss and moved by #9380, eff 1-30-09 (from Saf-C 4802.01); ss by #10022, eff 11-9-11; ss by #13039, eff 4-20-20

Saf-C 4803.02 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 147-B:12 and RSA 146-A:11-b, II.

Source. #9380, eff 1-30-09 (from Saf-C 4802.02); ss by #10022, eff 11-9-11; ss by #13039, eff 4-20-20

PART Saf-C 4804 REPORTING AND AUDITING REQUIREMENTS

Saf-C 4804.01 Reporting and Auditing.

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

(b) All reporting and auditing requirements for the motor oil discharge cleanup fees shall be the same as those prescribed in Saf-C 4204, except requests for a waiver of penalties and interest shall be forwarded to the oil fund disbursement board, pursuant to RSA 146-A:11-b, IV.

Source. #9380, eff 1-30-09 (from Saf-C 4803.01); ss by #10022, eff 11-9-11; ss by #13039, eff 4-20-20

APPENDIX

Rule	Statute

Saf-C 4801.01	RSA 146-D; 147-B:1; RSA 260:38, IV
Saf-C 4802.01-4802.03	RSA 260:38; RSA 146-A:11-b; RSA 147-B:12; RSA 21-P:6; RSA 541-A:7
Saf-C 4802.04	RSA 294-E:2, V
Saf-C 4802.05	RSA 294-E:2, VII
Saf-C 4802.06	RSA 294-E:2, VIII
Saf-C 4802.07	RSA 146-A:11-b, II; RSA 147-B:12
Saf-C 4802.08	RSA 260:38; RSA 146-A:11-b; RSA 147-B:12; RSA 541-A:7
Saf-C 4802.09	RSA 147:B:2, I-b
Saf-C 4802.10	RSA 147-B:2, I-b
Saf-C 4802.11-4802.13	RSA 260:38; RSA 146-A:11-a & b; RSA 147-B:12; RSA 541-A:7
Saf-C 4802.14	RSA 146-A:11-b, IV
Saf-C 4802.15-4802.16	RSA 260:28, VI; RSA 146-A:11-b, I(b); RSA 146-A:11-c; RSA 541-A:7
Saf-C 4803.01-4803.02	RSA 146-A:11-b; RSA 147-B:12
Saf-C 4804.01	RSA 146-A:11-b, IV; RSA 147-B:12; RSA 260:38, IV; RSA 260:44