Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-26-3 - Fee Assessment and Collection3.1. Assessment of Permit Application Fees. Any person who applies for a permit must pay the appropriate permit application fee in accordance with the provisions of sections 4 through 6 of this rule.3.2. Assessment of Annual Permit Fees. Any person who holds a permit must pay an annual permit fee in accordance with the provisions of section 7 of this rule.3.3. Method of Fee Payment. All fees assessed under this rule must be submitted to the Director by check or money order payable to the West Virginia Department of Environmental Protection.3.4. Collection of Permit Application Fees. The permit application fee must be submitted to the Director with the permit application. No permit application will be processed until the appropriate fee has been received by the Director. 3.4.1. A person may seek verification of the correct amount of a permit application fee by submitting his or her calculation of the fee to the Director in writing. This calculation must be submitted sufficiently in advance of the permit application to meet the provisions of 47CSR10 subsection 4.3. Within thirty (30) days of the receipt of this calculation, the Director shall notify the applicant of the accuracy of his calculation. If the applicant's calculation is incorrect, the Director will advise him or her of the correct amount to be submitted as the permit application fee.3.4.2. If the Director determines that a submitted application is incomplete and must be returned to the applicant for additional information, the permit application resubmission fee must accompany the refiled application. This fee will be either a sum equivalent to five percent (5%) of the permit application fee or one hundred dollars ($100), whichever is greater.3.5. Collection of Annual Permit Fees. The annual permit fee must be submitted to the Director by no later than the anniversary of the date of permit issuance in each year of the term of the permit.3.5.1. A permit will become void if the annual permit fee has not been paid within ninety (90) days of the due date.3.5.2. A permit will not be reissued until all annual permit fees due during the term of that permit have been paid in full.3.5.3. A permit will not be issued to an entity at a new location until all annual permit fees due during the term of any permit held at any previous location by that entity have been paid in full.3.5.4. A permit will not be transferred for a facility which has failed to pay all annual permit fees due during the term of the permit.