Senate Bill No. 493
(By Senators Wooton, Anderson, Bailey, Ball, Bowman, Chafin,
Helmick, Kessler, Mitchell, Oliverio, Prezioso, Snyder and Sprouse)
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[Introduced February, 10, 1999;
referred to the Committee on Natural Resources;
and then to the Committee on Finance.]
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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; authorizing the director of the
division of environmental protection to promulgate emergency
rules to implement a revised fee schedule for pollution
permits; 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 to read as follows:
ARTICLE 11. WATER POLLUTION CONTROL ACT.
ยง22-11-10. 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 funds including the
interest thereon. 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 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 fifteen thousand five hundred
dollars for any facility nor shall any permit renewal application
fee exceed two five 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 five 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 Legislature finds and declares that conditions
warranting a rule to be promulgated as an emergency rule so exist
and the rule required by the revision of this section should be
accorded emergency status. Accordingly the director is authorized
to promulgate an emergency rule to implement the new fee schedules
as provided for in this section. This section is to become
effective upon passage.
(e) (f) The provisions of this section are not applicable to
fees required for permits issued under article three of this
chapter.
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(NOTE: The purpose of this bill is permit the Director of the
Division of Environmental protection to increase the cap on permit
fees, to expend interest earned on fees deposited into 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 been sent 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.)
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NATURAL RESOURCES COMMITTEE AMENDMENTS
On page _____, section ten, line _____, after the word
"section" by inserting the words "and any interest accruing
thereon";
On page _____, section ten, lines _____ and _____, by striking
out the words "funds including the interest thereon" and inserting
in lieu thereof the word "fund";
On page _____, section ten, line _____, after the word
"hereunder" by striking out the remainder of the sentence and
inserting a period and the following: The director may, at his or
her discretion, deem an annual permit issued pursuant to this
article to be void when the annual permit fee is more than ninety
days past due. The voiding of the permit will be effective upon
the passage of ten calendar days following the sending of a notice
of such action by certified mail, postage prepaid, to the last
known address of the permittee.;
And,
On page _____four, section ten, by striking out all of subsection
(e) and inserting in lieu thereof a new subsection (e), to read as
follows:
(e) The director shall promulgate an emergency and legislative
rule for legislative promulgation in accordance with the provisions
of article three, chapter twenty-nine-a of this code to implement
the fee schedules provided in this section.
Adopted
Rejected