(A) If the State Treasurer determines that the fund is insolvent, an environmental surcharge must be levied on every owner, operator, or person participating in the fund at a rate of one-half percent on all gross sales for a minimum of one year. When the State Treasurer determines that the fund is solvent the one-half percent surcharge must be suspended.
(B) The surcharge imposed by this section is due on the first day of the month succeeding the month in which the charge is imposed and must be paid before the twenty-first day of each month. The surcharge must be reported on forms and in the manner prescribed in regulation by the Department of Revenue. The proceeds of the surcharge, after deducting the administrative costs incurred by the Department of Revenue in administering, auditing, collecting, distributing, and enforcing the surcharge, must be remitted to the State Treasurer and credited to the fund and must be used as provided in Section 44-56-420. For the purposes of this section, the proceeds of the surcharge include all funds collected and received by the Department of Revenue including interest and penalties on delinquent surcharges.
(C) The Department of Revenue shall administer, collect, and enforce the surcharge imposed under this section pursuant to the procedures for administration, collection, and enforcement of the general stated sales tax imposed under Title 12, except as provided in this subsection. These procedures include, but are not limited to, those regarding the filing of consolidated returns, the granting of sale for resale exemptions, and the interest and penalties on delinquent taxes. The surcharge must not be included in the computation of estimated taxes, and the dealer's credit for collecting taxes or fees does not apply.