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.