Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2011

Underground Storage Tank Maintenance Fee Law

Revenue and Taxation Code

Chapter 2. The Underground Storage Tank Fee

Article 1. Imposition of Fee

50108. Administration and collection of fee. The fee imposed pursuant to Section 25299.41 of the Health and Safety Code shall be administered and collected by the board in accordance with this part.

History.—Stats. 1990, Ch. 1366, in effect September 27, 1990, substituted "25299.41" for "25299.40".

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Article 2. Registration and Security

50108.1. Registration. Every person who is an owner of an underground storage tank for which a permit is required pursuant to Section 25284 of the Health and Safety Code containing petroleum shall register with the board on forms provided by the board.

History.—Added by Stats. 1990, Ch. 1366, in effect September 27, 1990. Stats. 1995, Ch. 639, in effect January 1, 1996, substituted "an owner of . . . permit is required" for "required to have a permit to own or operate an underground storage tank" after "person who is".

50108.2. Security. (a) The board, whenever it determines it to be necessary to ensure compliance with this part, may require any person subject to this part to place with it any security that the board determines to be reasonable, taking into account the circumstances of that person. Any security in the form of cash, government bonds, or insured deposits in banks or savings and loan institutions shall be held by the board in trust to be used solely in the manner provided by this section. The board may sell the security at a public auction if it becomes necessary to do so in order to recover any fee or any amount required to be collected, including any interest or penalty due.

(b) Notice of the sale authorized in subdivision (a) shall be served upon the person who placed the security personally or by mail. If service is made by mail, the notice shall be addressed to the person at his or her address as it appears in the records of the board. Service shall be made at least 30 days prior to the sale in the case of personal service, and at least 40 days prior to the sale in the case of service by mail. Upon any sale, any surplus above the amounts due shall be returned to the person who placed the security.

History.—Added by Stats. 1990, Ch. 1366, in effect September 27, 1990. Stats. 1991, Ch. 236, in effect July 29, 1991, added the second sentence in subdivision (a). Stats. 1994, Ch. 903, in effect January 1, 1995, deleted "Security in the form of a bearer bond issued by the United States or the State of California which has a prevailing market price may, however, be sold by the board at private sale at a price not lower than the prevailing market price." as the third sentence in the second paragraph.

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