(b) The total fee assessed shall be sufficient to assure a balance in the fund not to exceed one million dollars at the beginning of each year.
(c) Any amount received pursuant to subsection (a) of this section which exceeds the annual balance required in subsection (b) of this section shall be deposited into the leaking Underground Storage Tank Response Fund established pursuant to this article to be used for the purposes set forth for expenditure of moneys in the fund.
(d) The net proceeds of all fines, penalties and forfeitures collected under this article shall be appropriated as directed by article XII, section 5 of the Constitution of West Virginia. For the purposes of this section, the net proceeds of such fines, penalties and forfeitures are the proceeds remaining after deducting from the proceeds those sums appropriated by the Legislature for defraying the cost of administering this article. In making the appropriation for defraying the cost of administering this article, the Legislature shall first take into account the sums included in the special fund prior to deducting additional sums as may be needed from the civil fines, civil penalties and forfeitures collected pursuant to this article. At the end of each fiscal year any unexpended balance of the collected civil fines, civil penalties, forfeitures and registration fees shall not be transferred to the General Revenue Fund but shall remain in the fund.
(e) The secretary shall submit an annual report to the Joint
Committee on Government and Finance on or before January 1 each
year providing information as to the status of the Underground
Storage Tank Fund, the registration fees or forfeitures collected
and any fines and penalties assessed pursuant to this article, the
amount of net proceeds of fines, penalties and forfeitures paid
into the fund and information as to the progress of the underground
storage tank program in the protection of human health and the
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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