                                 CODE OF VIRGINIA

ADMINISTRATIVE FEES (§ 62.1-44.34:21)

A. The Board is authorized to collect from any applicant for approval of an oil
discharge contingency plan and from any operator seeking acceptance of evidence
of financial responsibility fees sufficient to meet, but not exceed, the costs
of the Board related to implementation of &#xA7; 62.1-44.34:15 as to an
applicant for approval of an oil discharge contingency plan and of &#xA7;
62.1-44.34:16 as to an operator seeking acceptance of evidence of financial
responsibility.  The Board shall establish by regulation a schedule of fees that
takes into account the nature and type of facility and the effect of any prior
professional certification or federal review or approval on the level of review
required by the Board.  All such fees received by the Board shall be used
exclusively to implement the provisions of this article.

B. Fees charged an applicant should reflect the average time and complexity of
processing approvals in each of the various categories.

C. When adopting regulations for fees, the Board shall take into account the
fees charged in neighboring states, and the importance of not placing existing
or prospective industries in the Commonwealth at a competitive disadvantage. 
Within six months of receipt of any federal moneys that would offset the costs
of implementing this article, the Board shall review the amount of fees set by
regulation to determine the amount of fees which should be refunded.  Such
refunds shall only be required if the fees plus the federal moneys received for
the implementation of the program under this article as it applies to facilities
exceed the actual cost to the Board of administering the program.

D. On October 1, 1995, and every two years thereafter, the Board shall make an
evaluation of the implementation of the fee programs and provide this evaluation
in writing to the Senate Committees on Agriculture, Conservation and Natural
Resources, and on Finance and Appropriations; and the House Committees on
Appropriations, Chesapeake and Its Tributaries, and Finance.

HISTORY: 1990, c. 917; 1992, c. 345.