Committee Substitute
House Bill 2684 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 2684
(By Michael, Compton, Trump, Jenkins,
Capito, Johnson and Amores
)
(Originating in the Committee on Finance)
[February 23, 1999]
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 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; changing the
circumstances under which permits become void for failure to
pay annual permit fees
; and 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.
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 The 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 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 promulgate 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.
Such 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 shall may exceed seven fifteen thousand
five hundred dollars for any facility nor shall may any permit
renewal application fee exceed two five thousand five hundred
dollars. The division shall may not process any permit
application pursuant to this article until said the required
permit application fee has been received.
(d) The director shall promulgate 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 which shall 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 such a permit shall pay the
prescribed annual permit fee to the division pursuant to the
rules promulgated hereunder. Such The 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 The director may declare any
permit issued pursuant to this article is void when the annual
permit fee is more than one hundred and eighty 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.
(e) (f) The provisions of this section are not applicable to
fees required for permits issued under article three of this
chapter.