Tuesday, December 2, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
SB413: Mining operations; permit fees to be submitted from applicants that discharge waters.
Be it enacted by the General Assembly of Virginia:
1. That § 45.1-254 of the Code of Virginia is amended and reenacted as follows:
§ 45.1-254. National pollutant discharge elimination system permits.
A. Upon request of the Director, the State Water Control Board may delegate to the Director its authority, under the State Water Control Law, Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 to issue, amend, revoke and enforce national pollutant discharge elimination system permits for the discharge of sewage, industrial wastes and other wastes from coal surface mining operations. Upon receiving such delegation, the authority to issue, amend, revoke and enforce national pollutant discharge elimination system permits under the State Water Control Law for the discharge of sewage, industrial wastes and other wastes from coal surface mining operations, to the extent required under the federal Clean Water Act, P.L. 92-500, as amended, shall be vested solely in the Director, notwithstanding any provision of law contained in Title 62.1, except as provided herein. For the purpose of enforcement under this section, the provisions of §§ 62.1-44.31 and 62.1-44.32 shall apply to permits, orders and regulations issued by the Director in accordance with this section.
B. After having received delegation of authority pursuant to subsection A of this section, the Director shall transmit to the State Water Control Board a copy of each application for a national pollutant discharge elimination system permit received by the Director, and provide written notice to the State Water Control Board of every action related to the consideration of such permit application.
C. Prior to the issuance or reissuance of a permit,
applicants shall submit an application on a form approved by the Director and a
fee of [ : (i) $5,000 for each discharge outfall point from
a major facility, as defined in regulation by the State Water Control Board;
and (ii) $750 for each other discharge outfall point under the permit. If an
application is approved the permittee shall, on the anniversary of permit
approval for each year of the permit term, submit $2,500 for each discharge
outfall point from a major facility and $250 for each other discharge outfall
point. $300 for each discharge outfall point under the
permit. If an application is approved the permittee shall, on the anniversary
of the permit approval for each year of the permit term, submit $300 for each
discharge outfall point under the permit. ] Each permit
shall remain valid for five years. All fees provided for under this section
shall be in addition to any other fees levied pursuant to this chapter.
D. No national pollutant elimination system permit shall be issued if, within thirty days of the date of the transmittal of the complete application and the proposed national pollution discharge elimination system permit, the State Water Control Board objects in writing to the issuance of such permit. Whenever the State Water Control Board objects to the issuance of such permit under this section, such written objection shall contain a statement of the reasons for such objection and the effluent limitations and conditions which such permits would include if it were issued by the State Water Control Board.
DE. An applicant who is aggrieved by an
objection made under subsection C of this section shall have the right to a
hearing before the State Water Control Board pursuant to § 62.1-44.25. If the
State Water Control Board withdraws, in writing, its objection to the issuance
of a certificate, the Director may issue the permit. Any applicant, aggrieved
by a final decision of the State Water Control Board made pursuant to this
subsection, shall have the right to judicial review in accordance with the
provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
EF. Whenever, on the basis of any information
available to it, the State Water Control Board finds that any person is in
violation of any condition or limitation contained in a national pollutant discharge
elimination system permit issued by the Director, it shall notify the person in
alleged violation and the Director. If beyond the thirtieth day after
notification by the State Water Control Board, the Director has not commenced
appropriate enforcement action, the State Water Control Board may take
appropriate enforcement action pursuant to §§ 62.1-44.15, 62.1-44.23 and
62.1-44.32.
FG. The Director shall promulgate such
regulations as he deems necessary for the issuance, administration, monitoring
and enforcement of national pollutant discharge elimination system permits for
coal surface mining operations.
GH. For the purpose of this section, the terms
"sewage," "industrial wastes" and "other wastes"
shall have the meanings ascribed to them in § 62.1-44.3.
Be it enacted by the General Assembly of Virginia:
1. That § 45.1-254 of the Code of Virginia is amended and reenacted as follows:
§ 45.1-254. National pollutant discharge elimination system permits.
A. Upon request of the Director, the State Water Control Board may delegate to the Director its authority, under the State Water Control Law, Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 to issue, amend, revoke and enforce national pollutant discharge elimination system permits for the discharge of sewage, industrial wastes and other wastes from coal surface mining operations. Upon receiving such delegation, the authority to issue, amend, revoke and enforce national pollutant discharge elimination system permits under the State Water Control Law for the discharge of sewage, industrial wastes and other wastes from coal surface mining operations, to the extent required under the federal Clean Water Act, P.L. 92-500, as amended, shall be vested solely in the Director, notwithstanding any provision of law contained in Title 62.1, except as provided herein. For the purpose of enforcement under this section, the provisions of §§ 62.1-44.31 and 62.1-44.32 shall apply to permits, orders and regulations issued by the Director in accordance with this section.
B. After having received delegation of authority pursuant to subsection A of this section, the Director shall transmit to the State Water Control Board a copy of each application for a national pollutant discharge elimination system permit received by the Director, and provide written notice to the State Water Control Board of every action related to the consideration of such permit application.
C. Prior to the issuance or reissuance of a permit, applicants shall submit an application on a form approved by the Director and a fee of: (i) $5,000 for each discharge outfall point from a major facility, as defined in regulation by the State Water Control Board; and (ii) $750 for each other discharge outfall point under the permit. If an application is approved the permittee shall, on the anniversary of permit approval for each year of the permit term, submit $2,500 for each discharge outfall point from a major facility and $250 for each other discharge outfall point. Each permit shall remain valid for five years. All fees provided for under this section shall be in addition to any other fees levied pursuant to this chapter.
D. No national pollutant elimination system permit shall be issued if, within thirty days of the date of the transmittal of the complete application and the proposed national pollution discharge elimination system permit, the State Water Control Board objects in writing to the issuance of such permit. Whenever the State Water Control Board objects to the issuance of such permit under this section, such written objection shall contain a statement of the reasons for such objection and the effluent limitations and conditions which such permits would include if it were issued by the State Water Control Board.
DE.
An applicant who is aggrieved by an objection made under subsection C of this
section shall have the right to a hearing before the State Water Control Board
pursuant to § 62.1-44.25. If the State Water Control Board withdraws, in
writing, its objection to the issuance of a certificate, the Director may issue
the permit. Any applicant, aggrieved by a final decision of the State Water
Control Board made pursuant to this subsection, shall have the right to
judicial review in accordance with the provisions of the Administrative Process
Act (§ 2.2-4000 et seq.).
EF.
Whenever, on the basis of any information available to it, the State Water
Control Board finds that any person is in violation of any condition or
limitation contained in a national pollutant discharge elimination system
permit issued by the Director, it shall notify the person in alleged violation
and the Director. If beyond the thirtieth day after notification by the State
Water Control Board, the Director has not commenced appropriate enforcement
action, the State Water Control Board may take appropriate enforcement action
pursuant to §§ 62.1-44.15, 62.1-44.23 and 62.1-44.32.
FG.
The Director shall promulgate such regulations as he deems necessary for the
issuance, administration, monitoring and enforcement of national pollutant
discharge elimination system permits for coal surface mining operations.
GH.
For the purpose of this section, the terms "sewage," "industrial
wastes" and "other wastes" shall have the meanings ascribed to
them in § 62.1-44.3.
Additional Data
Explanation
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