CHAPTER Saf-C 4400 FUEL OIL DISCHARGE CLEANUP FUND (FOD) 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 of the fuel oil discharge cleanup fund and
the respective payment of fees to the state of
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
PART Saf-C 4402 DEFINITIONS
Saf-C
4402.01 “Automated clearing house (ACH)
debit” means a debit, in which information and payment(s) are electronically
transmitted to the department.
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
Saf-C
4402.02 "Bureau" means the
bureau of road toll, department of safety.
Source. #9377, eff 1-30-09; ss by #10021, eff 11-9-11
(from Saf-C 4402.01)
Saf-C
4402.03 “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 #10021, eff 11-9-11
Saf-C
4402.04 “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
Saf-C
4402.05 “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. #9377, eff 1-30-09; ss by #10021, eff 11-9-11
Saf-C
4402.06 "Fees" means the fees
stipulated in RSA 146-E.
Source. #10021, eff 11-9-11 (from Saf-C 4402.02)
Saf-C
4402.07 “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 4402.03)
Saf-C
4402.08 "Oil" means "fuel
oil" as defined in RSA 146-E:2, II.
Source. #10021, eff 11-9-11 (from Saf-C 4402.04)
Saf-C
4402.09 “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
Saf-C
4402.10 “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
Saf-C
4402.11 “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
Saf-C
4402.12 "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 (from Saf-C 4402.05)
Saf-C
4402.13 “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
Saf-C
4402.14 “Transaction” means a line of
data on a road toll report schedule.
Source. #10021, eff 11-9-11
Saf-C
4402.15 “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
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 4200.
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
Saf-C
4403.02 Applicability. Any person licensed pursuant to RSA
146-A:11-b, II and Saf-C 4200 shall be liable for the payment of fees assessed
under RSA 146-E:3.
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
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 4204.
(b) All forms for these rules shall be the same
as those prescribed in Saf-C 4203.04 and Saf-C 4204.01.
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
Appendix
|
Rule Number |
Statute Implemented |
|
Saf-C
4401.01 |
RSA
146-E:1; RSA 260:38, IV |
|
Saf-C
4402.01-4402.02 |
RSA
260:38, IV; RSA 146-E:3; RSA 541-A:7 |
|
Saf-C
4402.03 |
RSA
294-E:2, V |
|
Saf-C
4402.04 |
RSA
294-E:2, VII |
|
Saf-C
4402.05 |
RSA
294-E:2, VIII |
|
Saf-C
4402.06 |
RSA
146-E:3 |
|
Saf-C
4402.07 |
RSA
260:38, IV; RSA 146-E:3; RSA 541-A:7 |
|
Saf-C
4402.08 |
RSA
146-E:2, II |
|
Saf-C
4402.09-4402.15 |
RSA
260:38, IV; 146-E:3; RSA 541-A:7 |
|
Saf-C
4403.01-4403.02 |
RSA
146-A:11-b; RSA 146-E:3 |
|
Saf-C
4404.01 |
RSA
260:38 |