H. B. 2684
(By Delegates, Michael, Compton, Trump, Jenkins
Capito, Johnson and Amores)
[Introduced February 8, 1999; referred to the Committee on the
Judiciary then Finance.]
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 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 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 and eighty-nine.
(b)The permit application fees and annual permit fees
established and collected pursuant to this section shall be
deposited in the water quality management fund. The director shall
spend the proceeds of the water quality management fund,
including
the interest thereon, 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 or 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 provision 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 and eighty
ninety (90) days past due pursuant to the rule 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 do 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.
NOTE:The purpose of this bill is to 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.