HB 3030: Administration of the West Virginia Water Pollution Control Act - West Virginia

hb3030 s eim am 4-1 adopted.htm → Enrolled Version · 5 edits · Apr 25, 2025

MODERATE

HB 3030 was amended to remove specific fee caps and fixed dollar amounts for water pollution control permits, replacing them with a requirement to establish fee schedules through legislative rules. This change allows the state to adjust permit fees based on application complexity and potential environmental impact rather than being limited to fixed maximums. The bill also streamlined language regarding the Water Quality Management Fund and removed specific fee amounts for surface coal mining operations, giving the Secretary of Environmental Protection more flexibility in setting costs.

Scope change

The bill's scope shifted from establishing fixed fee limits to authorizing the creation of flexible fee schedules based on permit complexity and environmental risk.

FISCAL

Removed the $15,000 cap on initial application fees and the $5,000 cap on renewal fees, allowing fees to be set based on complexity.

Removed the $5,000 cap on annual permit fees, allowing fees to be set based on the potential for water degradation.

Deleted specific fixed dollar amounts for surface coal mining permit applications, renewals, and modifications, replacing them with a directive to establish a schedule via rules.

TECHNICAL

Corrected grammatical errors and awkward phrasing in the original text regarding fund deposits and fee submission requirements.

Removed redundant references to 'legislative rules for legislative approval' and simplified the language to 'rules for legislative approval'.

Engrossed Version → hb3030 s eim am 4-1 adopted.htm · 4 edits

MODERATE

This amendment replaces the original bill text with a new version that restructures fee collection and administrative rules for water pollution permits. The changes clarify how funds are deposited into the Water Quality Management Fund and update the language regarding legislative approval for new fee schedules. While specific dollar amounts for general permits remain similar, the text for surface coal mining operations is reorganized to explicitly list fees for applications, modifications, reissuances, and transfers, ensuring clearer enforcement of these charges.

Scope change

The scope of the bill remains focused on the West Virginia Water Pollution Control Act, but the applicability of fee structures is clarified to explicitly cover various permit actions for surface coal mining operations that were previously less distinct in the original text.

REQUIREMENT

Reorganized the fee schedule for surface coal mining operations to explicitly list separate fees for major/minor modifications, permit reissuance, and permit transfers, replacing a single paragraph of dense text.

Updated the language in subsection (c) to require legislative approval for the promulgation of new application fee schedules, adding a layer of oversight not explicitly detailed in the original text.

FISCAL

Clarified the breakdown of deposits into the Water Quality Management Fund by listing specific categories (fees, interest, surcharges, other moneys) in a numbered format for better transparency.

TECHNICAL

Corrected grammatical errors and awkward phrasing in the original text, such as removing redundant words and fixing sentence fragments regarding permit voiding and fee assessments.

Introduced Version → Engrossed Version · 4 edits · Apr 8, 2025

MODERATE

The bill removes fee caps that previously limited how much the state could charge for water pollution permits, allowing the Department of Environmental Protection to set higher fees. This change is intended to help the state maintain its primary enforcement authority for Clean Water Act programs by ensuring sufficient funding for permit review and administration. The bill also eliminates specific fee amounts that were previously set in the code, replacing them with rules to be established through the legislative process.

Scope change

The bill's scope remains focused on the Water Pollution Control Act and permit fee administration, but it removes statutory limitations on fee amounts that previously applied to all permit types.

REQUIREMENT

Removed the $15,000 cap on initial permit application fees and the $5,000 cap on permit renewal application fees that previously limited what the department could charge.

Removed the $5,000 cap on annual permit fees that previously limited yearly charges for permit holders.

Eliminated specific fixed fee amounts for surface coal mining operations that were previously set in the code, replacing them with authority to establish fees through legislative rules.

FISCAL

Changed the fee structure from fixed amounts to a system where the department proposes fee schedules through rules, giving more flexibility to adjust fees as needed.

Administration of the West Virginia Water Pollution Control Act

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