Section 18 AAC 78.015 - Registration and fees(a) Except as provided in (e) of this section, a person who owns or operates a UST, or who intends to install, have installed, return to service, or acquire ownership of a UST, shall (1) register the UST as required by AS 46.03.380 and pay the fee required by AS 46.03.385 within 30 days after installation, return to service, or acquisition;(2) if the UST was installed before December 22, 1988, provide the information required by AS 46.03.380(b)(1) and (3);(3) obtain a current tag, decal, or notice for a UST, as follows, before allowing a petroleum product to be placed in the UST: (A) for a new UST, the department will provide a tag, decal, or notice not later than 30 days after receiving the registration; the department will not provide a tag for a UST that is permanently closed under 18 AAC 78.085;(B) for an existing UST, the department will provide a tag, decal, or notice not later than 30 days after receiving proof that the UST is in compliance with this chapter as required under 18 AAC 78.059(g);(C) a tag, decal, or notice expires on October 31 of the third year after issuance; and(D) if a tag, decal, or notice is lost, stolen, or destroyed, the owner or operator may obtain a replacement by providing the department with a sworn statement or affidavit that includes the facility number and tank number assigned by the department and an explanation of why a replacement is needed;(4) permanently affix the tag, decal, or notice described in (3) of this subsection where it (A) can easily be seen by a person who attempts to fill the UST; and(B) cannot reasonably be associated with any UST other than the UST for which it was issued;(5) ensure that a person does not (A) tamper with or alter a tag, decal, or notice associated with a UST;(B) remove a tag, decal, or notice associated with a UST until it expires or is replaced with a new tag, decal, or notice, unless (i) the tank is permanently closed under 18 AAC 78.085; or(ii) the return of the tag, decal, or notice is required under 18 AAC 78.059.(b) The information required by AS 46.03.400 must be provided in the application for initial registration on a form provided by the department.(c) UST registration expires on December 31 each year. The annual registration renewal fee required by AS 46.03.385(a) must be paid to the department at least 30 days before the registration expires each year and must be accompanied by the information required by AS 46.03.385(d) on a form provided by the department.(d) If a UST is temporarily taken out of service, or if a UST is permanently closed under 18 AAC 78.085, the owner or operator need not submit the fee and information required under (c) of this section in subsequent years unless the UST is returned to service. The owner or operator of a UST temporarily taken out of service must submit to the department, before taking the UST out of service, the Taken Out of Service or Temporary Closure form, dated February 2008 and adopted by reference, and the Empty Tank Affidavit form, dated February 2008 and adopted by reference. If the UST is returned to service, the owner or operator shall pay to the department the annual registration fee required by AS 46.03.385(a) no later than 30 days after the UST is returned to service.(e) The owner or operator of a UST that was taken out of service or permanently closed on or before January 1, 1974, is exempt from the annual registration requirements of this section and AS 46.03.380.(f) In assessing the late fee required by AS 46.03.385(c), the "day of payment" means the day the fee is received by the department or, if mailed, the day of postmark.(g) In addition to the requirements of AS 46.03.400, at initial registration or annual registration renewal, the owner or operator of a UST that is installed, upgraded, or reconfigured shall certify that the installation, upgrading, or reconfiguration was performed or supervised by a person certified under this chapter.(h) An owner or operator of a UST who sells a UST intended for continued use as a UST shall notify the purchaser of the requirements of this chapter.Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 11/3/95, Register 136; am 8/15/99, Register 151; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018,Register 227, October 2018As of Register 179 (October 2006), and acting under AS 44.62.125(b)(6), the regulations attorney made a technical revision to the authority citation following 18 AAC 78.015. This change reflects the enactment of sec. 2, ch. 102, SLA 2006, effective August 5, 2006, which repealed AS 46.03.410.
The department's Taken Out of Service or Temporary Closure form and Empty Tank Affidavit form, adopted by reference in 18 AAC 78.015, are available from the department's Anchorage office or on the department's website at the following Internet address: http://dec.alaska.gov/spar/guidance.htm#formsust.
Authority:AS 46.03.020
AS 46.03.365
AS 46.03.375
AS 46.03.380
AS 46.03.385
AS 46.03.395
AS 46.03.400
AS 46.03.405