1. The Laws of New York
  2. Consolidated Laws
  3. Environmental Conservation
  4. Article 40: Hazardous Substances Bulk Storage Act


Section 40-0107 Registration and fees

Environmental Conservation (ENV)

  1. On or before July first, nineteen hundred eighty-seven, the department shall promulgate a schedule of registration fees per storage facility for the cost of inspecting such facilities and based on the size and type of such facilities, which shall not exceed:

  a. one hundred twenty-five dollars per facility, up to two hundred fifty facilities at a single contiguous site; and

  b. seventy-five dollars per facility in excess of two hundred fifty facilities at a single contiguous site.

  In no case shall the registration fees charged to an owner exceed fifty thousand dollars for storage facilities located at a single contiguous site. Fees shall be paid to the department at the time of registration or registration renewal. Registration shall be renewed every two years or whenever title to a storage facility is transferred, whichever first occurs. Registration shall be on forms and in accordance with procedures prescribed by the department.

  2. Within one year of the promulgation of the schedule of registration fees pursuant to subdivision one of this section, all owners shall identify and register each storage facility with the department.

  3. The fees established pursuant to this section are intended to provide revenues sufficient to meet the costs incurred by the department in implementing the provisions of this article on and after the promulgation of the schedule of registration fees. All fees collected pursuant to this section shall be paid to the state comptroller for deposit in the miscellaneous special revenue fund, hazardous substances bulk storage account, and shall be subject to appropriation and allocation pursuant to the state finance law. Expenditures from the hazardous substances bulk storage account of the miscellaneous special revenue fund shall be limited to the costs of the department related to this article. The commissioner shall, on or before December thirty-first, nineteen hundred eighty-eight, report to the legislature and the governor on the adequacy of the fee schedule in providing sufficient revenues necessary to implement the provisions of this article.