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2004 SESSION

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SB 365 Environmental permit fees; applicable to water and nonhazardous solid waste.

Introduced by: John C. Watkins | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Air, waste, and water permit fees. Assesses a combination of permit application fees, annual fees, and permit maintenance fees that will generate approximately $6 million for the funding of air, water and waste permit programs at the Department of Environmental Quality (DEQ). The Air Pollution Control Board is authorized to collect a permit application fee not to exceed $30,000 for new major stationary sources. The amount charged is to be credited towards the amount of annual fees paid by the permit holder during the first two years of the facility's operation. In addition to the permit fee charged for solid waste facilities, the bill establishes annual fees for various nonhazardous solid waste management facilities including noncaptive industrial landfills ($8,000), construction and demolition debris landfills ($4,000), sanitary landfills (amount based on tonnage), incinerators (amount based on tonnage), and other types of facilities. The bill also establishes the maximum amounts that the State Water Control Board can charge for processing various types of water permits and the maximum amounts it can assess as a permit maintenance fee on each permit type.

In addition, the bill requires DEQ to evaluate and implement measures to improve the long-term effectiveness and efficiency of its programs. To assist the agency in attaining such goals, a consulting firm will be hired to conduct a management efficiency study of the Virginia Pollutant Discharge Elimination System permit program and the air permit program. The firm will be assisted by a peer review panel. DEQ also is charged with conducting a review of its solid waste permitting programs in order to ensure that these programs are operating at maximum efficiency. This bill is identical to HB 1350.

SUMMARY AS INTRODUCED:

Waste and water fee regulations. Restores many of the caps on the fee amounts that can be charged for various categories of water permits to their 2002 levels. However, in addition to the one-time permit application fee, there are maximum amounts established for an annual fee to be paid by holders of major ($4,500) and minor ($2,000) Virginia Pollutant Discharge Elimination permits, and Virginia Pollution Abatement permits ($900). The Virginia Water Protection permits are newly classified by the type of activity that is being regulated, instead of the previous broad categories of individual and general. The maximum amounts that can be charged for each of these are the following: individual wetlands permit: $2,200 per acre of impact; individual permit for minimum instream flow: $24,000; and an individual permit for a reservoir: $35,000. The bill also authorizes the Virginia Air Pollution Control Board to set permit application fees for new major stationary sources by regulation. The bill is based on the findings and recommendations of a study requested by the 2002 General Assembly.