CHAPTER
Saf-C 4800 AUTOMOBILE OIL FEE FUND AND
MOTOR OIL DISCHARGE CLEANUP FUND 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 of the automotive oil fee fund, the motor
oil discharge cleanup fund and the respective payment of fees to the state of
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
PART
Saf-C 4802 DEFINITIONS
Saf-C 4802.01 “Automated clearing house (ACH) debit” means a
debit, in which information and payment(s) are electronically transmitted to
the department.
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 4801.02); ss by #10022, eff 11-9-11
Saf-C 4802.02 "Bureau" means the bureau of road
toll, department of safety.
Source. #9380, eff 1-30-09; ss by #10022, eff 11-9-11
(from Saf-C 4802.01)
Saf-C 4802.03 “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. #9380, eff 1-30-09; ss by #10022, eff 11-9-11
Saf-C 4802.04 “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. #9380, eff 1-30-09; ss by #10022, eff 11-9-11
Saf-C 4802.05 “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. #9380, eff 1-30-09; ss by #10022, eff 11-9-11
Saf-C 4408.06 "Fees" means the fees stipulated in
RSA 147-B:12 or RSA 146-F:3.
Source.
#10022, eff 11-9-11 (from Saf-C 4802.02)
Saf-C 4802.07 “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. #10022, eff 11-9-11 (from Saf-C 4802.03)
Saf-C 4802.08 “Motor oil” means “motor oil” as defined in
RSA 146-F:2, I.
Source. #10022, eff 11-9-11
Saf-C 4802.09 "Oil" means "automotive
oil" as defined in RSA 147-B:2, I-b.
Source. #10022, eff 11-9-11 (from Saf-C 4802.04)
Saf-C 4802.10 “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. #10022, eff 11-9-11
Saf-C 4802.11 “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. #10022, eff 11-9-11
Saf-C 4802.12 “Refinery” means any facility used to process
crude oil, unfinished oils, natural gas liquids or other hydrocarbons into any
accountable product/motor fuel.
Source. #10022, eff 11-9-11
Saf-C 4802.13 "Report" means any report submitted
to the bureau as required by RSA 146-A:11-b or these rules.
Source. #10022, eff 11-9-11 (from Saf-C 4802.05)
Saf-C 4802.14 “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. #10022, eff 11-9-11
Saf-C 4802.15 “Transaction” means a
line of data on a road toll report schedule.
Source. #10022, eff 11-9-11
Saf-C 4802.16 “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
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 4200.
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
Saf-C 4803.02 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 147-B:12 and RSA 146-F:3.
Source. #9380, eff 1-30-09 (from Saf-C 4802.02); ss
by #10022, eff 11-9-11
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 fee fund
shall be the same as those prescribed in Saf-C 4204.
(b)
All reporting and auditing requirements for the motor oil discharge
cleanup fund 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-F:3, II.
(c)
All forms for these rules shall be the same as those prescribed in Saf-C
4203.04 and Saf-C 4204.01.
Source. #9380, eff 1-30-09 (from Saf-C 4803.01); ss
by #10022, eff 11-9-11
APPENDIX
|
Rule |
Statute |
|
|
|
|
Saf-C
4801.01 |
RSA
146-F:1; 147-B:1 |
|
Saf-C
4802.01-4802.02 |
RSA
260:38; RSA 146-F:3; RSA 147-B:12; RSA 541-A:7 |
|
Saf-C
4802.03 |
RSA
294-E:2, V |
|
Saf-C
4802.04 |
RSA
294-E:2, VII |
|
Saf-C
4802.05 |
RSA
294-E:2, VIII |
|
Saf-C
4802.06 |
RSA
146-F:3; RSA 147-B:12 |
|
Saf-C
4802.07 |
RSA
260:38; RSA 146-F:3; RSA 147-B:12; RSA 541-A:7 |
|
Saf-C
4802.08 |
RSA
146-F:2, I |
|
Saf-C
4802.09 |
RSA
147-B:2, I-b |
|
Saf-C
4802.10-4802.16 |
RSA
260:38; RSA 146-F:3; RSA 147-B:12; RSA 541-A:7 |
|
Saf-C
4803.01-4803.02 |
RSA
146-A:11-b; RSA 146-F:3; RSA 147-B:12 |
|
Saf-C
4804.01 |
RSA
146-F:3; RSA 147-B:12; RSA 260:38 |