Underground Storage Tank Fees Addressed

Idaho DEQ representatives presented a bill related to fee assessment on underground storage tanks to the committee.

In 2005, a bill was passed including the Underground Storage Tank Compliance Act, and the EPA tasked the DEQ to promulgate rules related to the act. The 2008 legislature approved negotiated rules, and sent a draft to the EPA to assume program primacy. As the federal maximum penalties for noncompliance are much higher than the proposed state penalties, the resulting impact in terms of assessed fees is significant.

Representative Simpson asked about the differentiation between knowingly submitting false information and accidentally submitting false information in applying for an underground storage tank permit. The current Idaho code recognizes the standard of knowingly submitting false information, which can invoke criminal sanctions as well as fees. Examples of violations most commonly found include failure to maintain gage records, install leak detectors, or maintain financial assurance required for a regulated underground storage tank.

Representative Eskridge pointed out that while Idaho code specifies the act of knowingly submitting false information, this legislation omits that distinction. If the act of knowingly submitting false information is significant enough to generate criminal charges, it will have an impact on the penalty assessed. DEQ representatives noted that most penalties assessed are not criminal, and are usually in the hundreds of dollars at most. DEQ has been known to forgive up to 75 percent of the penalties once the error is corrected.

“Our focus is on education to keep in full compliance with the law… in the area of compliance assistance and education and training, I think we’ve been really doing well,” he said.

Representative Cronin moved to send the bill to the floor with a do pass recommendation. The motion passed, and Representative Cronin will sponsor the bill.