Senate Bill No. 596

(By Senators Sharpe, Kessler, Anderson, Ross and Burnette)

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[Originating in the Committee on Energy, Industry and Mining;


reported February 14, 2002.]

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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 permit application fees and annual permit fees; establishing fees for surface coal mining operations; and prohibiting setting fees for surface coal mining operations by rule.

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 secretary; interest accruing on investments and deposits of the fund; and any other moneys designated by the director secretary shall be deposited into the water quality management fund. The director secretary 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 secretary 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 all applications except for surface coal mining operations as defined in article three of this chapter. for which the The appropriate fee shall be submitted by the applicant to the division department 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 department 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 department may not process any permit application pursuant to this article until the required permit application fee has been received.
(d) The director secretary 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 except for permits held by surface coal mining operations as defined in article three of this chapter. Each person holding a permit shall pay the prescribed annual permit fee to the division department 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 secretary 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 secretary 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 secretary 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 secretary 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 On the first day of July, two thousand two, and each year thereafter, the secretary shall assess a one thousand dollar fee for permit applications and renewals submitted pursuant to this article for surface coal mining operations, as defined in article three of this chapter. On the first day of July, two thousand two, and each year thereafter, the secretary shall assess a five hundred dollar fee for application for permit modifications submitted pursuant to this article for surface coal mining operations, as defined in article three of this chapter. Beginning the first day of July, two thousand two and every year thereafter, the secretary shall assess an annual permit fee of one thousand dollars on the issuance anniversary dates of all permits issued pursuant to this article for surface coal mining operations as defined in article three of this chapter.

NOTE: The purpose of this bill is to establish NPDES permit fees by statute rather than rule for surface coal mining operations.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.