2006 Code of Virginia § 10.1-1402.1 - Permit fee regulations

10.1-1402.1. Permit fee regulations.

Regulations promulgated by the Board which establish a permit fee assessmentand collection system pursuant to subdivisions 15a, 15b and 16 of 10.1-1402shall be governed by the following:

1. Permit fees charged an applicant shall reflect the average time andcomplexity of processing a permit in each of the various categories ofpermits and permit actions. No fees shall be charged for minor modificationsor minor amendments to such permits. For purposes of this subdivision,"minor permit modifications" or "minor amendments" means specific typesof changes, defined by the Board, that are made to keep the permit currentwith routine changes to the facility or its operation and that do not requireextensive review. A minor permit modification or amendment does notsubstantially alter permit conditions, increase the size of the operation, orreduce the capacity of the facility to protect human health or theenvironment.

2. When promulgating regulations establishing permit fees, the Board shalltake into account the permit fees charged in neighboring states and theimportance of not placing existing or prospective industries in theCommonwealth at a competitive disadvantage.

3. On January 1, 1993, and January 1 of every even-numbered year thereafter,the Board shall evaluate the implementation of the permit fee program andprovide this evaluation in writing to the Senate Committees on Agriculture,Conservation and Natural Resources, and Finance; and the House Committees onAppropriations, Agriculture, Chesapeake and Natural Resources, and Finance.This evaluation shall include a report on the total fees collected, theamount of general funds allocated to the Department, the Department's use ofthe fees and the general funds, the number of permit applications received,the number of permits issued, the progress in eliminating permit backlogs,and the timeliness of permit processing.

4. Fees collected pursuant to subdivisions 15a, 15b or 16 of 10.1-1402shall not supplant or reduce in any way the general fund appropriation to theBoard.

5. These permit fees shall be collected in order to recover a portion of theagency's costs associated with (i) the processing of an application to issue,reissue, amend or modify permits, which the Board has authority to issue forthe purpose of more efficiently and expeditiously processing and maintainingpermits and (ii) the inspections necessary to assure the compliance of largequantity generators of hazardous waste. The fees shall be exempt fromstatewide indirect costs charged and collected by the Department of Accounts.

(1992, c. 853; 2002, c. 822; 2004, cc. 249, 324.)

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