§ 22-11-10 — Water Quality Management Fund established; permit application fees; annual permit fees; dedication of proceeds; rules

West Virginia § 22-11-10

• Jurisdiction: West Virginia
• Ch. 22: ENVIRONMENTAL RESOURCES
• Art. 11: WATER POLLUTION CONTROL ACT

Text

(a) The special revenue fund designated the Water Quality Management Fund established in the State Treasury on July 1, 1989, is continued.

(b) The following shall be deposited into the Water Quality Management Fund: (i) permit application fees and annual permit fees established and collected pursuant to this section; (ii) any interest or surcharge assessed and collected by the secretary; (iii) interest accruing on investments and deposits of the fund; and (iv) any other moneys designated by the secretary. The 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 secretary shall propose rules for legislative approval in accordance with the provisions of §29A-1-1et seq. of this code, to establish a schedule of application fees for all applications except for surface coal mining operations as defined in §22-3-13 of this code. The applicant shall submit the appropriate fee to the 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 department pursuant to the provisions of this article and the rules promulgated under this article. The department may not process any permit application pursuant to this article until the required permit application fee has been received.

(d) The secretary shall propose rules for legislative approval in accordance with the provisions of §29A-1-1et seq. 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 §22-3-1et seq. of this code. Each person holding a permit shall pay the prescribed annual permit fee to the department. Any person holding a permit for a home aerator of 600 gallons and under is not 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. The secretary may declare any permit issued pursuant to this article void when the annual permit fee is more than 90 days past due. Voiding of the permit will only become effective upon the date the 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 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) On July 1, 2022, and each year thereafter a $1,000 fee shall be assessed for permit applications and a $3,000 fee shall be assessed for permit renewals for surface coal mining operations, as defined in §22-3-1et seq. of this code. Annually on July 1, a $2,000 fee shall be assessed for any application for major permit modifications and a $1,000 fee for minor permit modifications for surface coal mining operations, as defined in §22-3-1et seq. of this code. On July 1, 2022, and each year thereafter a $3,000 fee shall be assessed for any application for permit reissuance and a $2,000 fee for permit transfer for surface coal mining operations, as defined in §22-3-1et seq. of this code. Beginning July 1, 2022, and every year thereafter, an annual permit fee of $2,000 shall be assessed on the issuance anniversary dates of all permits issued pursuant to this article for surface coal mining operations as defined in §22-3-1et seq. of this code. Beginning July 1, 2022, and each year thereafter, an application for a water quality certification for activities covered by United States Army Corps of Engineers permits issued pursuant to 33 U.S.C. § 1344 and 33 C.F.R. Parts 323 or 330, in accordance with the legislative rules entitled Rules for Individual State Certification of Activities Requiring a Federal Permit, 47 C.F.R. 5A, must be accompanied by a $500 fee. For all other categories of permitting actions pursuant to this article related to surface coal mining operations, the secretary shall propose rules for legislative approval in accordance with the provisions of §29A-1-1et seq. of this code to establish a schedule of permitting fees.

Legislative History

2022 Reg. Sess., HB4488; 2019 Reg. Sess., SB635; 2002 Reg. Sess., HB4504; 1999 Reg. Sess., HB2684; 1994 Reg. Sess., HB4065