                                 CODE OF VIRGINIA

PERMIT FEE REGULATIONS (§ 10.1-1402.1)

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

1. Permit fees charged an applicant shall reflect the average time and
complexity of processing a permit in each of the various categories of permits
and permit actions. No fees shall be charged for minor modifications or minor
amendments to such permits. For purposes of this subdivision, &#8220;minor
permit modifications&#8221; or &#8220;minor amendments&#8221; means specific
types of changes, defined by the Board, that are made to keep the permit current
with routine changes to the facility or its operation and that do not require
extensive review. A minor permit modification or amendment does not
substantially alter permit conditions, increase the size of the operation, or
reduce the capacity of the facility to protect human health or the environment.

2. When promulgating regulations establishing permit fees, the Board shall take
into account the permit fees charged in neighboring states and the importance of
not placing existing or prospective industries in the Commonwealth 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 and provide
this evaluation in writing to the Senate Committees on Agriculture, Conservation
and Natural Resources, and Finance; and the House Committees on Appropriations,
Agriculture, Chesapeake and Natural Resources, and Finance. This evaluation
shall include a report on the total fees collected, the amount of general funds
allocated to the Department, the Department&#8217;s use of the 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 &#xA7; 10.1-1402
shall not supplant or reduce in any way the general fund appropriation to the
Board.

5. These permit fees shall be collected in order to recover a portion of the
agency&#8217;s costs associated with (i) the processing of an application to
issue, reissue, amend or modify permits, which the Board has authority to issue
for the purpose of more efficiently and expeditiously processing and maintaining
permits and (ii) the inspections necessary to assure the compliance of large
quantity generators of hazardous waste. The fees shall be exempt from statewide
indirect costs charged and collected by the Department of Accounts.

HISTORY: 1992, c. 853; 2002, c. 822; 2004, cc. 249, 324.