HB 3030 — Administration of the West Virginia Water Pollution Control Act

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSEDENROLLED House Bill 3030 ByB DelegatesYDELEGATESF Fehrenbacher,EHRENBACHER, Anderson,NDERSON,AND andZATEZALO Zatezalo[Passed [IntroducedApril February7, 28, 2025;

Referredin toeffect the90 Committeedays onfrom Energypassage and(July Public6, Works]2025)] EngEnr HB 3030 AAN BILLACT to amend and reenact §22-11-10 of the Code of West Virginia, 1931, as amended, relating to the administration of the West Virginia Water Pollution Control Act;

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

(b) The permitfollowing applicationshall feesbe anddeposited annualinto permitthe feesWater establishedQuality andManagement collectedFund: pursuant to this section;

any(i) interestpermit orapplication surchargefees assessedand annual permit fees established and collected bypursuant theto secretary;this section;

(ii) any interest accruingor onsurcharge investmentsassessed and depositscollected ofby the fund;secretary;

and(iii) anyinterest otheraccruing moneyson designatedinvestments byand thedeposits secretaryof shall be deposited into the Waterfund; Quality Management Fund.

and (iv) any other moneys designated by the secretary.

(c) The secretary shall propose rules for promulgation, legislative rulesapproval in accordance with the provisions of §§29A-1-1 29A-1-1 et 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 22-3-13 of this code.

The appropriateapplicant fee shall besubmit submitted by the applicantappropriate 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:article.

Provided,The Thatdepartment nomay initialnot applicationprocess feeany maypermit exceedapplication $15,000pursuant forto anythis facilityarticle noruntil maythe anyrequired permit renewal application fee exceedhas $5,000.been received.

TheEnr the Eng HB 3030 department(d) mayThe notsecretary processshall anypropose permitrules applicationfor pursuantlegislative toapproval thisin articleaccordance untilwith the requiredprovisions permitof application§29A-1-1 feeet hasseq. been received.

(d)of Thethis secretarycode shallto proposeestablish 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 promulgationpermits legislativeheld rulesby insurface accordancecoal withmining theoperations provisionsas ofdefined §in 29A-1-1§22-3-1 et 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 § 22-3-1 et seq.

Each person holding a permit shall pay the prescribed annual permit fee to the departmentdepartment. pursuant to the rules promulgated under this section:

Provided,Any That no person holding a permit for a home aerator of 600 gallons and under shallis benot required to pay an annual permit fee.

Provided, however, That no annual permit fee may exceed $5,000 The secretary may declare any permit issued pursuant to this article void when the annual permit fee is more than 90 days past duedue. pursuant to the rules promulgated under this section.

(f) On July 1, 2022, and each year thereafter,thereafter a $1,000 fee shall be assessed for permit applications and a $3,000 fee shall be assessed for permit renewals submitted pursuant to this article for surface coal mining operations, as defined in §22-3-1 et seq.

OnAnnually on July 1, 2022, and each year thereafter, a $2,000 fee shall be assessed for any application for major permit modifications and a $1,000 fee for minor permit modifications submitted pursuant to this article for surface coal mining operations, as defined in §§22-3-1 22-3-1 et seq.

On July 1, 2022, and each year thereafter,thereafter a $3,000 fee shall be assessed for any application for permit reissuance and a Eng HB 3030 $2,000 fee for permit transfer submitted pursuant to this article for surface coal mining operations, as defined in §22-3-1 et seq.

Beginning July 1, 2022, and each year thereafter, an application for a water quality Enr HB 3030 certification for activities covered by United States Army Corps of Engineers permits issued pursuant to 33 U.S.C.

For all other categories of permitting actions pursuant to this article related to surface coal mining operations, the secretary shall propose rules for promulgation legislative rulesapproval in accordance with the provisions of §29A-1-1 et seq.

Enr HB 3030 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the House of Delegates ...............................................................

Clerk of the Senate Originated in the House of Delegates.

In effect 90 days from passage.

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Speaker of the House of Delegates ...............................................................

President of the Senate __________ The within is ................................................

this the...........................................

Day of ..........................................................................................................., 2025.

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Governor 5