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STATE OF CALIFORNIA 'r Y GEORGE DEUXMEJIAN,Gor Vr STATE WATER RESOURCES CONTROL BOARD � PAUL R. BONDERSON BUILDING �• 901 P STREET s: �.0. BOX 100 CRAMEN70.CALIFORNIA 95801 (916)324-1262 r eo L AUG 16 1965 Implementing Agencies LETTER LG-12: WHEN TO COLLECT STATE SURCHARGE Several local agencies have raised the question , "What specific actions by a tank owner trigger collection of a state surcharge?" The surcharge requirement is set forth in Section 25287(a) and (b) of the Health and Safety Code (H and S Code) : "A.fee shall be paid to the local agency by each person who submits an application for a permit to operate an underground storage tank or to renew or amend a permit. . .This fee shall include a surcharge, the amount of which shall be determined by the Legislature annually to cover the costs of the Board in carrying out its responsibilities under this chapter. .." The surcharge, then , is to be collected whenever a person applies for a permit to operate a tank or to renew or amend a permit. The actions under which such applications must be made are as follows: Application for Permit to Operate (New Permit)-An application. for a new permit to operate is required whenever: 1. The owner of an existing tank initially seeks a permit; the owner of a facility installs a new tank or replaces an existing tank and seeks a permit for the new tank; or a person constructs a new facility and seeks to permit all tanks at that facility [H and S Code, Section 25284(a)]. In each case , a surcharge would be collected for each tank. 2. A person assumes ownership of a tank and seeks a new permit, instead of transfer of the previous owner's permit [H and S Code , Section 25284(a) and (c)]. 3. A person with a valid operating permit stores a hazardous substance . which is not listed in his application and seeks a new permit [H and S Code , Section 25286(d)]. For this purpose , a change in substance stored does not include a change from one type of motor vehicle fuel to another, e.g. , gasoline to diesel . Application for renewal-An application for renewal of a permit is required wnenever: 1. A person with a valid operating permit seeks to renew his permit at the end of a normal five-year tern.