(1) After receiving the annual report and recommendation of the Underground Storage Tank (UST) Advisory Council, the commission may assess and collect an annual tank regulatory fee in an amount sufficient to administer Sections 49-17-401 through 49-17-435, but not to exceed Two Hundred Dollars ($200.00) per tank. The fee, as set by the commission, shall be assessed per tank per year and shall be collected from the owner of each underground storage tank available for use in Mississippi on July 1, 1988, or brought into use or available for use after that date, as provided in the Mississippi Underground Storage Tank Act of 1988 (Sections 49-17-401 through 49-17-435). The fee assessed under this section is a debt due by the owner of each tank in use in Mississippi on July 1, 1988, or brought into use after that date.
(2) The commission shall establish the amount of the tank regulatory fee to cover the costs of the underground storage tank program. The fee for each state fiscal year shall be set by order of the commission, which shall include:
(a) A receipt of the report and recommendations of the UST Advisory Council, and
(b) A public notice to allow the public a period of at least thirty (30) days to provide comments regarding the underground storage tank fee report and recommendation, or to request a public hearing in accordance with Section 49-17-29(4)(a).
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