319.133. Annual payments by owners, amount established by rule, limitation--change of ownership, no new fee required--installment payments authorized, when--applicable rules--site assessment required, - Missouri Statutes

Annual payments by owners, amount established by rule,limitation--change of ownership, no new fee required--installmentpayments authorized, when--applicable rules--site assessmentrequired, when.

319.133. 1. The board shall, in consultation with the advisorycommittee established pursuant to subsection 2 of section 319.131,establish, by rule, the amount which each owner or operator whoparticipates in the fund shall pay annually into the fund, but such amountshall not exceed the limits established in this section.

2. Each participant shall annually pay an amount which shall be atleast one hundred dollars per year but not more than five hundred dollarsper year for any tank, as established by the board by rule.

3. No new registration fee is required for a change of ownership of apetroleum storage tank.

4. The board shall establish procedures where persons owning fifty ormore petroleum storage tanks may pay any fee established pursuant tosubsection 1 of this section in installments.

5. All rules applicable to the former underground storage tankinsurance fund not inconsistent with the provisions of sections 319.100 to319.137 shall apply to the petroleum storage tank insurance fund as ofAugust 28, 1996.

6. The board may require any new applicant, who has not previouslyheld private insurance or other form of financial responsibility for thepetroleum storage tank for which application to the fund is made, toconduct a site assessment before participating in the fund. The board alsomay require such new applicants to pay a surcharge per year per tank fromthe date the tank was eligible for coverage under the fund, provided thateach year's surcharge shall not exceed the surcharge that was actually ineffect for that particular year.

7. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2008, shall beinvalid and void.

(L. 1989 H.B. 77, et al. § 12 subsecs. 10, 11, A.L. 1991 S.B. 91 & 317, A.L. 1996 S.B. 708, A.L. 1998 H.B. 1148, A.L. 2001 H.B. 453, A.L. 2008 S.B. 907)