4.

1. (a) The license fee shall be one cent per barrel transferred until the balance in such account established by paragraph (a) of subdivision two of section one hundred seventy-nine of this article equals or exceeds twenty-five million dollars, provided, however, that the fee on any barrel, including any products derived therefrom, subject to multiple transfer, shall be imposed only once at the point of first transfer. In each fiscal year following any year in which the balance of such account equals or exceeds twenty-five million dollars, no license fee shall be imposed unless (a) the current balance in such account is less than twenty million dollars or (b) pending claims against such account exceed fifty percent of the existing balance of such account. The provisions of the foregoing notwithstanding, should claims paid from such account not exceed five million dollars within three years after the license fee is first imposed, the license fee shall be one cent per barrel transferred until the balance in such account equals or exceeds eighteen million dollars, and thereafter shall not be imposed unless: (1) the current balance in such account is less than fifteen million dollars or (2) pending claims against such account exceed fifty percent of the existing balance of such account. In the event of either such occurrence and upon certification thereof by the state comptroller, the administrator shall within ten days of the date of such certification reimpose the license fee, which shall take effect on the first day of the month following such relevy. In the event of a major discharge or series of discharges resulting in claims against such account exceeding the existing balance of such account, the license fee shall be imposed at the rate of eight cents per barrel transferred until the balance in such account equals pending claims against such account; provided, however, that the rate may be set at less than eight cents per barrel transferred if the administrator determines that the revenue produced by such lower rate shall be sufficient to pay outstanding claims against such account within one year of such imposition of the license fee. Should such account exceed eighteen million dollars or twenty-five million dollars, as herein provided, as a result of interest, the administrator and the commissioner of environmental conservation shall report to the legislature and the governor concerning the options for the use of such interest. The fee established by this paragraph shall not be imposed upon any barrel which is transferred to a land based facility but thereafter exported from this state for use outside the state and is shipped to facilities outside the state regardless of whether the delivery or sale of such petroleum occurs in this state.
2. (b) The surcharge on the license fee shall be two and one-half cents per barrel for each barrel transferred on or after June first, nineteen hundred eighty-five but before February first, nineteen hundred eighty-eight. Such surcharge shall be three and one-half cents per barrel for each barrel transferred on or after February first, nineteen hundred eighty-eight, but before February first, nineteen hundred ninety. Such surcharge shall be four and one-quarter cents per barrel for each barrel transferred on or after February first, nineteen hundred ninety.
3. (c) The surcharge established by paragraph (b) of this subdivision shall continue to be paid despite the fact that the license fee imposed pursuant to paragraph (a) of this subdivision may, pursuant to said paragraph, no longer be imposed.
4. (d) The surcharge established by paragraph (b) of this subdivision shall be one and one-half cents per barrel for any barrel that is transferred but thereafter exported from this state for use outside the state as described by paragraph (a) of this subdivision.

9. On or after June twenty-ninth, nineteen hundred seventy-eight, no person shall operate or cause to be operated any major facility without a major facility license issued by the commissioner. No license shall be valid for more than five years. Each applicant for a major facility license shall submit information, in a form satisfactory to the commissioner, describing the following:

1. (a) The number of barrels or another measurement of the storage capacity of the facility;
2. (b) Average daily throughput of the facility;

3. (c) A primary and contingency cleanup and removal plan which includes, but is not limited to, an inventory of:

   1. (i) The storage and transfer capacity of the facility;
   2. (ii) The containment and removal equipment, including, but not limited to, vehicles, vessels, pumps, skimmers, booms, chemicals, and communication devices, to which the facility has access through direct ownership or by contract or membership in a discharge cleanup organization recognized by the departments of environmental conservation and transportation as well as the time lapse following a discharge which precedes such access;
   3. (iii) The trained personnel which are required and available to operate such containment and removal equipment and the time lapse following a discharge which precedes such availability;
   4. (iv) All equipment and trained personnel used or employed in a capacity at the facility to prevent discharges of petroleum;
   5. (v) The terms of agreement and operation plan of any discharge cleanup organization to which the owner or operator of the facility belongs;
   6. (vi) The type and amount of petroleum transferred, refined, processed or stored at the facility;
4. (d) The steps taken to insure prevention of a discharge;