(a) Each year, the owner or operator of a drycleaning facility that intends to conduct for all or part of the year, drycleaning operations or an in-state wholesale distribution facility shall register with the department on forms provided by the department.
(b) The owner or operator of a recently abandoned drycleaning facility shall register with the department on forms provided by the department before or simultaneously with submission of a petition to access the fund in order for the petition to be accepted. After the initial acceptance of a recently abandoned drycleaning facility into the program, the owner or operator of a recently abandoned drycleaning facility shall comply with annual registration and payment requirements applicable to drycleaning facilities and in-state wholesale distribution facilities except as otherwise provided in this chapter.
(c) Each facility accepted into the drycleaner environmental response fund shall register annually, even if the facility ceases drycleaning operations or wholesale distribution activities. Facilities that fail to register may be removed from the drycleaner environmental response fund.
(d) The owner or operator of a drycleaning facility or in-state wholesale distribution facility required to register under subsection (a) shall pay to the department an annual registration fee in accordance with the schedule established pursuant to rule.
(e) It is unlawful to sell or transfer drycleaning solvent or engage in wholesale distribution to any person owning or operating a drycleaning facility unless the owner or operator of the drycleaning facility has conspicuously posted a copy of a valid certificate evidencing registration of the drycleaning facility pursuant to this chapter at the facility.
(f) It is a violation of this chapter for any drycleaning facility or any person owning or operating a drycleaning facility to purchase solvent without the drycleaning facility being lawfully registered in accordance with this chapter.
(g) At least thirty (30) days before payment of a registration fee is due, the department shall attempt to notify and submit a registration fee payment form to each owner or operator of a registered facility. The registration fee payment form provided by the department must accompany the registration fee payment.
(h) The commissioner shall establish a drycleaning solvent surcharge in accordance with the schedule established pursuant to rule.
(i) The solvent surcharge required by this section must be collected and forwarded to the department by the seller of the drycleaning solvent, regardless of the location of such seller. If the seller is located outside of this state, the solvent surcharge may be collected and forwarded to the department by either the buyer or the seller.
(j) The department shall provide each person who pays a registration fee or solvent surcharge under this chapter with a receipt. The receipt or the copy of the receipt shall be produced for inspection at the request of any authorized representative of the department.
(k) Registration fees and surcharges paid under this section must be collected by the department and deposited in the drycleaner environmental response fund created under this chapter.
(l) The registration fees, surcharges, and deductibles prescribed by this chapter may be adjusted by the commissioner, after notice and opportunity for public comment, in a manner necessary and appropriate to ensure viability of the fund and in furtherance of the purposes of this chapter; provided, that any fees or deductibles applicable to recently abandoned drycleaning facilities must never be in excess of the fees and deductibles applicable to the largest drycleaning facility, and there shall be no surcharges on recently abandoned drycleaning facilities.