H. B. 4695
(By Delegates Michael, Doyle, Kelley, Seacrist and Pettit)
(Originating in the Committee on Finance)
[March 3, 1998]
A BILL to amend and reenact section ten, article eleven, chapter
twenty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to application and
permit fees paid to the division of environmental protection
for pollution permits; permitting the director of the
division of environmental protection to expend interest on
funds in the water quality management fund; and changing the
circumstances under which permits become void for failure to
pay annual permit fees.
Be it enacted by the Legislature of West Virginia:
That section ten, article eleven, chapter twenty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 11. WATER POLLUTION CONTROL ACT.
§22-11-10. Water quality management fund established; permit
application fees; annual permit fees; dedication of
proceeds; rules.
(a) A special revenue fund designated the "Water Quality
Management Fund" shall be established in the state treasury on
the first day of July, one thousand nine hundred eighty-nine.
(b) The permit application fees and annual permit fees
established and collected pursuant to this section shall be
deposited into the water quality management fund. The director
shall expend the proceeds of the water quality management fund,
including the interest thereon, for the review of initial permit
applications, renewal permit applications and permit issuance
activities.
(c) The director shall promulgate rules in accordance with
the provisions of chapter twenty-nine-a of this code, to
establish a schedule of application fees for which the
appropriate fee shall be submitted by the applicant to the
division with the application filed pursuant to this article for
any state water pollution control permit or national pollutant
discharge elimination system permit. Such schedule of
application fees shall be designed to establish reasonable
categories of permit application fees based upon the complexity
of the permit application review process required by the division
pursuant to the provisions of this article and the rules
promulgated thereunder: Provided,
That no initial application
fee shall exceed seven thousand five hundred dollars for any
facility nor shall any permit renewal application fee exceed two
thousand five hundred dollars. The division shall not process
any permit application pursuant to this article until said permit application fee has been received.
(d) The director shall promulgate rules in accordance with
the provisions of chapter twenty-nine-a of this code, to
establish a schedule of permit fees which shall be assessed
annually upon each person holding a state water pollution control
permit or national pollutant discharge elimination system permit
issued pursuant to this article. Each person holding such a
permit shall pay the prescribed annual permit fee to the division
pursuant to the rules promulgated hereunder. Such schedule of
annual permit fees shall be designed to establish reasonable
categories of annual permit fees based upon the relative
potential of such categories or permits to degrade the waters of
the state: Provided,
That no annual permit fee may exceed two
thousand five hundred dollars. Any such permit issued pursuant
to this article is void when the annual permit fee is more than
one hundred eighty ninety days past due pursuant to the rules
promulgated hereunder and a certified letter has been forwarded
to the permittee advising of such action.
(e) The provisions of this section are not applicable to
fees required for permits issued under article three of this
chapter.
NOTE: The purpose of this bill is to permit the Director of
the Division of Environmental Protection to expend interest
earned on fees deposited in the Water Quality Management Fund,
and to provide that failure to pay annual permit fees within 90
days voids the permit issued if the permittee has received a
certified letter advising of such action.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language
that would be added.