Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-55-3 - Groundwater Protection Fund3.1. Annual groundwater protection fund fees required -- Any person whose activities may affect groundwater quality or who is required to obtain a permit from any agency shall pay the appropriate groundwater protection fund fees in accordance with the provisions of subsection 3.5 of this rule.3.2. Method of fee collection, fee limits, and transfer of fees to funds. 3.2.a. All groundwater protection fund fees assessed under this rule shall be paid to the appropriate agency by check, money order or electronic transfer.3.2.b. Agencies receiving the groundwater protection funds shall transfer to the director of the division of environmental protection or his or her duly authorized representative, at such frequency as the director may consider appropriate, all groundwater protection fund fees collected.3.3. Conditions of certification relative to fees and effect on permits. 3.3.a. Each agency's permit shall require that all groundwater protection fund fees be paid in accordance with subsection 3.5 of this rule. The permit shall also contain language stating that failure to remit groundwater protection fund fees shall result in withdrawal or denial of groundwater certification, and subject the person to the penalties outlined in W. Va. Code ' 22-12-10. 3.3.a.1. Agencies may require operating facilities or activities, which do not hold a valid permit and which are identified in subsection 3.5 of this rule, to pay the fees provided for in subsection 3.5.3.3.a.2. Prior to issuing a permit, each agency shall require that all groundwater protection fund fees be paid following the provisions set forth in subdivision 3.4.a of this rule.3.3.b. The director shall not issue, modify, or renew a permit subject to the requirements of W. Va. Code '22-12-1 et seq. without groundwater certification unless he or she declares otherwise pursuant to W. Va. Code '22-12-8(c).3.4. Schedule of groundwater protection fund fees. -- (Fees are assessed on facility or activity type based on the projected cost of administering the Groundwater Protection Act. (W. Va. Code '22-12-1 et seq.) 3.4.a. Persons subject to the fees outlined in subsection 3.5 of this rule will be notified by the director, or his or her delegate, of the appropriate rate or actual amount of the fee, and the date fees are due.3.4.b. The director shall coordinate the fee collection activities to assure that the statutory limit on fees provided for in W. Va. Code '22-12-9 subsection (a) are not exceeded.3.5. Schedule of groundwater protection fund fees -- The annual groundwater protection fund fee for the following facilities or activities except subdivision 3.5.c of this rule which is a one time registration fee due prior to installation are: 3.5.a. Registering a pesticide -- $15.00.3.5.b. Fertilizers - reserved.3.5.c. Septic tank registration seals - $30.00 each. These seals are to be purchased from the division of environmental protection, office of water resources.3.5.d. Underground storage tank certification/ registration - $5.00 per tank.3.5.e. Generators of hazardous waste - $100.00.3.5.f. Disposal of solid waste in a class A, B, or C landfill - a tipping fee of one cent per ton ($0.01/ton). These fees will be collected following the procedures outlined in W. Va. Code '22-15-11.3.5.g. A Class F solid waste facility- $300.00.3.5.h. A facility which may impact groundwater quality, as determined by the director of the division of environmental protection, which is required to obtain a permit under W. Va. Code '22-3-1 et seq., or W. Va. Code '22-11-8(b)(6), or W. Va. Code '22-4 et seq. - $100.00.3.5.i. A facility which may impact groundwater quality, as determined by the chief, which is required to obtain a permit under W. Va. Code '22-11-8(b)(1 through 6), and which is designated a major facility (industrial) - $500.00.3.5.j. A facility which may impact groundwater quality, as determined by the chief, which is required to obtain a permit under W. Va. Code '22-11-8(b)(1 through 6), and which is not designated as a major facility (industrial) or is not described in subdivisions 3.5.k, 3.5.l, or 3.5.m of this rule - $50.00.3.5.k. A POTW with design flow greater than one million gallons per day (gpd) - $100.00.3.5.l. A POTW with design flow less than one million gallons per day (gpd) - $25.00.3.5.m. A non POTW operating a sewage treatment plant - $10.00 per plant.3.5.n. An oil well - $3.00 per well.3.5.o. A gas well - $3.00 per well.3.5.p. A class 2 or class 3 UIC underground injection well: 3.5.p.1. Class 2-D or class 3 underground injection well - $75.00 per well.3.5.p.2. Class 2-R underground injection well - $50.00 per well.3.5.q. Class 5 underground injection wells- $15.00 per permit.3.5.r. Class 1 underground injection wells- $200.00 per well.3.5.s. A monitoring well drilling operation shall utilize a certified monitoring well driller for the drilling of groundwater monitoring wells. The certification fee for each monitoring well driller is - $200.00.3.5.t. Facilities, activities or persons which are reasonably suspected to have the potential to adversely impact groundwater quality, as determined by the chief, and which are not subject to fees outlined in subdivisions 3.5.a through 3.5.s of this rule - reserved.