§243-3.5  Environmental response tax; uses. 
(a)  In addition to any other taxes provided by law, subject to the
exemptions set forth in section 243-7, there is hereby imposed at times
provided in section 128D-2 a state environmental response tax of 5 cents on
each barrel or fractional part of a barrel of petroleum product sold by a
distributor to any retail dealer or end user, other than a refiner, of
petroleum product; provided that cents of the tax on each barrel shall
be used pursuant to section 128D-2 to address concerns relating to drinking
water.  The tax imposed by this subsection shall be paid by the distributor of
the petroleum product.



(b)  Each distributor subject to the tax
imposed by subsection (a), on or before the last day of each calendar month,
shall file with the director, on forms prescribed, prepared, and furnished by
the director, a return statement of the tax under this section for which the
distributor is liable for the preceding month.  The form and payment of the tax
shall be transmitted to the department of taxation in the appropriate district.



(c)  Notwithstanding section 248-8 to the
contrary, the environmental response tax collected under this section shall be
paid over to the director of finance for deposit into the environmental
response revolving fund established by section 128D-2.



(d)  Every distributor shall keep in the State
and preserve for five years a record in such form as the department of taxation
shall prescribe showing the total number of barrels and the fractional part of
barrels of petroleum product sold by the distributor during any calendar
month.  The record shall show such other data and figures relevant to the
enforcement and administration of this chapter as the department may require.
[L 1993, c 300, §2; am L 1994, c 205, §2]



 



Note



 



  Subsection (a) printed as enacted.