Current through Register Vol. XLI, No. 45, November 8, 2024
Section 47-9-3 - Fee Assessment and Collection3.1. Assessment of Permit Application Fees -- Any person who applies or reapplies for a permit shall pay the appropriate permit application or renewal fee in accordance with the provisions of sections 4 through 6 of this rule.3.2. Assessment and Collection of Annual Permit Fees -- Any person who holds a permit shall pay an annual permit fee in accordance with the provisions of section 7 of this rule. The first annual permit fee shall be remitted to the proper office one (1) calendar year from the date of permit issuance; subsequent annual permit fees shall be remitted on or before the anniversary date of the permit issu-ance. 3.2.a. A permit becomes void if the annual permit fee has not been paid within one hundred and eighty (180) days of the due date.3.2.b. The chief shall not reissue a permit until all annual permit fees due during prior terms of that permit have been paid in full.3.3. Method of Fee Payment -- All fees as-sessed under this rule shall be submitted to the appropriate office by check or money order payable to the West Virginia Division of Environmental Protection.3.3.a. The appropriate office for remitting fees related to Class 1 or Class 5 well(s) is the Office of Water Resources.3.3.b. The appropriate office for remitting fees related to Class 2 or Class 3 well(s) is the Office of Oil and Gas.3.4. Collection of Permit Application Fees -- The permit application fee shall be submitted to the appropriate office with the permit application. No permit application will be processed until the appro-priate fee has been received. 3.4.a. An applicant may seek verification of the correct amount of a permit application fee by submitting his or her calculation of the fee to the appropriate office in writing. The applicant shall submit this calculation sufficiently in advance of the permit application so that the provisions of the Rules Governing The State National Pollutant Discharge Elimination System (NPDES) Program, 47CSR10, subsection 4.3 are met. Within thirty (30) days of the receipt of this calculation, the appropriate office shall notify the applicant of the accuracy of his or her calculation. If the applicant's calculation is incorrect, the appropriate office shall advise the applicant of the correct amount to be submitted as the permit application fee.3.4.b. If the appropriate office determines that a submitted application is incomplete and must be returned to the applicant for additional informa-tion, a permit application resubmission fee shall accompany the refiled application. This fee is either a sum equivalent to five percent (5%) of the permit application fee or fifty dollars ($50), whichever is greater.3.5. If a permittee wishes to continue an activ-ity pursuant to paragraph 13.12.b of the Under-ground Injection Control rule, 47CSR13, the permit-tee must apply for a permit renewal at least one hundred eighty (180) days prior to expiration of the permit.