BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-50-11 be amended to read:
1-50-11. The obligation to pay the fee imposed by § 1-50-8 shall be upon the owner or operator of any facility required to make notification and shall accrue upon the appropriate SARA reporting deadline each year. The fee is due and payable within thirty days and shall be remitted to the Department of Environment and Natural Resources along with the forms that may be prescribed by the secretary of environment and natural resources in rules promulgated pursuant to chapter 1-26. A late reporting fee of ten percent of the amount due under this section or of fifteen dollars, whichever amount is greater, shall be assessed for any fee or portion of a fee not timely paid in accordance with this section.
Section 2. That § 34A-1-58.1 be amended to read:
34A-1-58.1. Ethanol production plants are exempt from the fees established in § 34A-1-58 and, in lieu thereof, are subject to the fees established by this section. Concurrent with the submittal of a permit application pursuant to this chapter, the applicant for an air quality permit for an ethanol production plant shall submit to the department an application fee of one thousand dollars. In addition, the owner or operator of an ethanol production plant shall submit to the department an
annual fee for the duration of the air quality permit. The annual fee shall consist of an administrative
fee of one thousand dollars and an emissions fee in the amount of forty dollars per ton of total
suspended particulate matter, sulfur dioxide, nitrogen oxide, volatile organic compounds, and
hazardous air pollutants emitted to the air by the ethanol production plant during the previous
calendar year. The department shall give written notice of the amount of the fee to be assessed and
the basis for the assessment under this section to the owner or operator of the ethanol production
plant by June first of each calendar year. The annual fee shall accrue on July first of the year after
the permit is issued and annually thereafter. The annual fee is due and payable by July thirty-first and
shall be remitted to the Department of Environment and Natural Resources along with the forms
prescribed by the secretary in rules promulgated pursuant to chapter 1-26. The fees shall be
administered and used by the department in the same manner as prescribed for other fees established
in this chapter.
Section 3. That § 34A-1-60 be amended to read:
34A-1-60. The obligation to pay the annual fee imposed by § 34A-1-58 is upon the owner or
operator of a regulated air contaminant source and shall accrue on July first for all facilities. The fee
is due and payable by July thirty-first and shall be remitted to the Department of Environment and
Natural Resources along with the forms prescribed by the secretary in rules promulgated pursuant
to chapter 1-26.
Section 4. That § 34A-2-122 be amended to read:
34A-2-122. The obligation to pay the annual fee imposed by §§ 34A-2-117 to 34A-2-120,
inclusive, is on the owner or operator of a surface water discharge or pretreatment system and
accrues on July first, for all nonpublicly-owned facilities. The fee is due and payable by July thirty-first and shall be remitted to the Department of Environment and Natural Resources along with the
forms prescribed by the secretary in rules promulgated pursuant to chapter 1-26.
Section 5. That § 34A-2-125 be amended to read:
34A-2-125. In addition to any other tax or fee levied by law, and notwithstanding the provisions of § 34A-2-117, there is hereby imposed an annual fee on all concentrated animal feeding operations that are required to operate under a general or individual water pollution control permit issued under chapter 34A-2 or required to obtain approval of plans and specifications submitted after July 1, 1997, pursuant to § 34A-2-27. The fee is two hundred fifty dollars for operations with two thousand or more animal units, one hundred seventy-five dollars for operations with one thousand to one thousand nine hundred ninety-nine animal units, and one hundred dollars for operations with less than one thousand animal units. The obligation to pay the fee is on the person filing the application for the water pollution control permit or the person required to obtain plans and specifications approval and accrues on July first of each year. By August first of each year, the Department of
Environment and Natural Resources shall submit a billing to each person obligated to pay the fee.
The fee is due and payable by September thirtieth and shall be remitted to the Department of
Environment and Natural Resources.
Section 6. That § 34A-3A-23 be amended to read:
34A-3A-23. The obligation to pay the fee imposed by § 34A-3A-20 shall be upon the owner and operator of a public drinking water system and shall accrue on July first. The fee is due and payable by July thirty-first and shall be remitted to the Department of Environment and Natural Resources along with the forms prescribed by the secretary in rules promulgated pursuant to chapter 1-26.
An Act to transfer the collection of various fees from the Department of Revenue to the Department of Environment and Natural Resources.
|
I certify that the attached Act originated in the
HOUSE as Bill No. 1018
____________________________
Chief Clerk ____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
Attest:
____________________________
Secretary of the Senate
House Bill No. 1018 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
