UST Program - Local Guidance (LG) 142

To: Local Agencies

This letter updates you on the transition from the UST surcharge to the UP surcharge. The bottom line is that the UST surcharge remains in effect until the Certified Unified Program Agency (CUPA) begins to collect the UP surcharge. The basis for this statement is SB 1191 (Ch 639 of 1995), which amended both the UST law and the UP law and Title 27, the UP regulations.

The original UP legislation (SB 1082) established the UP single fee system to consolidate all affected fees, including the UST permit application fee [Sec. 25404.5(a)(1)]. That law also directed the Secretary of Cal/EPA to annually establish the amount of the state surcharge to cover the UP-related costs of the four responsible state agencies (Department of Toxic Substances Control; State Water Resources Control Board and Regional Water Quality Control Boards; Office of Emergency Services; and Office of the State Fire Marshal (now part of the Department of Forestry and Fire Protection).

The UP regulations (Title 27, Division 1, Subdivision 4, Ch.1) give the CUPAs 12 months or the first billing cycle after certification to begin collecting the UP surcharge. The reason for this long lead time is so that CUPAs would not be required to change their normal billing cycle.

The transition from the UST surcharge to the UP surcharge may be complicated by the fact that most local agencies are collecting the UST surcharge every five years. The UP surcharge is an annual fee. Those local agencies which have not changed to annual UST surcharge billing could either track credits owed to tank owners who have paid a five-year UST surcharge or require proof of multi-year UST surcharge payment (copy of a cancelled check or receipt) and waive the tank portion of the UP surcharge if a credit is due.

If you have any questions about this letter, please contact Mrs. Terry Brazell at (916) 341-5645.

Sincerely,

[Original signed by:]

James George Giannopoulos
UST Program Manager