ENGROSSED
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.
§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 eighty-nine.
(b) The permit application fees and annual permit fees
established and collected pursuant to this section
and any interest
accruing
fund accruingaccruing thereon 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
. The
director may, at his or her discretion, deem an annual permit
SB493 S NR AM #1 cfb
The Committee on Natural Resources moved to amend the bill on
page two, section ten, line six, after the word "section" by
inserting the words "and any interest accruing thereon";
On page two, section ten, lines seven and eight, by striking
out the words "funds including the interest thereon" and inserting
in lieu thereof the word "fund";
On page four, section ten, line forty-six, after the word
"hereunder" by striking out the words "and a certified letter has
been forwarded to the permitee advising of such action" and
inserting in lieu thereof 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 pages four and five, 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
(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.SB493 S NR AM #1 cfb
The Committee on Natural Resources moved to amend the bill on
page two, section ten, line six, after the word "section" by
inserting the words "and any interest accruing thereon";
On page two, section ten, lines seven and eight, by striking
out the words "funds including the interest thereon" and inserting
in lieu thereof the word "fund";
On page four, section ten, line forty-six, after the word
"hereunder" by striking out the words "and a certified letter has been forwarded to the permitee advising of such action" and
inserting in lieu thereof 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 pages four and five, 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
(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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