ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2684
(By Michael, Compton, Trump, Jenkins,
Capito, Johnson and Amores
)
[Passed March 11, 1999; in effect ninety days from passage.]
AN ACT 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 certain permits; continuing the water quality management
fund; permitting the director of the division of
environmental protection to expend interest, assessments and
other moneys deposited in the water quality management fund;
increasing maximum fees for permit applications and permits
issued under the water pollution control act; exempting home
aerator units of six hundred gallons and under; changing the
circumstances under which permits become void for failure to
pay annual permit fees; requiring the director of the
division of environmental protection to promulgate emergency
and legislative rules to implement a revised schedule for application and permit fees; and reporting requirements.
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) The special revenue fund designated the "Water Quality
Management Fund" established in the state treasury on the first
day of July, one thousand nine hundred eighty-nine is hereby
continued.
(b) The permit application fees and annual permit fees
established and collected pursuant to this section; any interest
or surcharge assessed and collected by the director; interest
accruing on investments and deposits of the fund; and any other
moneys designated by the director shall be deposited into the
water quality management fund. The director shall expend the
proceeds of the water quality management fund for the review of
initial permit applications, renewal permit applications and
permit issuance activities.
(c) The director shall propose for promulgation, legislative
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. The 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
may exceed fifteen thousand dollars for any facility nor may any
permit renewal application fee exceed five thousand dollars. The
division may not process any permit application pursuant to this
article until the required permit application fee has been
received.
(d) The director shall propose for promulgation legislative
rules in accordance with the provisions of chapter twenty-nine-a
of this code, to establish a schedule of permit fees to 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 a permit shall pay the prescribed annual permit
fee to the division pursuant to the rules promulgated hereunder: Provided, That no person holding a permit for a home aerator of
six hundred gallons and under shall be required to pay an annual
permit fee. The schedule of annual permit fees shall be designed
to establish reasonable categories of annual permit fees based
upon the relative potential of categories or permits to degrade
the waters of the state: Provided, however, That no annual permit
fee may exceed five thousand dollars. The director may declare
any permit issued pursuant to this article void when the annual
permit fee is more than ninety days past due pursuant to the
rules promulgated hereunder. Voiding of the permit will only
become effective upon the date the director mails, by certified
mail, written notice to the permittee's last known address
notifying the permittee that the permit has been voided.
(e) The director shall promulgate an emergency rule and
propose a legislative rule for promulgation in accordance with
the provisions of article three, chapter twenty-nine-a of this
code by the first day of July, one thousand nine hundred ninety- nine, to implement the fee schedule authorized by the amendments
to this section enacted in the year one thousand nine hundred
ninety-nine. Beginning the first day of September, one thousand
nine hundred ninety-nine, the director shall file a quarterly
report with the joint committee on government and finance setting
forth the fees established and collected pursuant to this section.
(f) The provisions of this section are not applicable to
fees required for permits issued under article three of this
chapter.