COALEX REPORT 221

	Coalex Report 221

This is the Office of Surface Mining's library of COALEX Research Reports. COALEX is a database of mining and reclamation information, including the Surface Mining Law and regulations, maintained in LEXIS-NEXIS -- a commercial, on-line research service. These reports have been compiled under a cooperative agreement between the Office of Surface Mining and the Interstate Mining Compact Commission, which represents most U.S. coal producing states. The following report includes an analysis of a specific issue requested by a state regulatory authority with responsibility for carrying out the Surface Mining Law. Copies of the research reports and attachments are available to the public, upon request. For additional information, or to obtain copies of the listed attachments, contact Ron Tarquinio by phone at (202) 208-2882 or by e-mail at rtarquin@osmre.gov.

                   


COALEX STATE COMPARISON REPORT - 221
July, 1992

Carl Tenut, Director
Division of Surface Mining
Department of Environment and Conservation
2700 Middlebrook Pike, Suite 220
Knoxville, Tennessee 37921

TOPIC: NPDES PROCESSING FEES FOR SURFACE COAL MINES

INQUIRY: Tennessee is instituting a new permit fee program for processing NPDES permits which
includes an initial processing fee, depending on the length of the permit, plus an annual
maintenance fee. The goal is to create a self-supporting program. What do other states charge
for NPDES permit processing?

SEARCH RESULTS: Eight IMCC member states were contacted, including Illinois, Indiana,
Kentucky, Maryland, Ohio, Pennsylvania, Virginia and West Virginia. The results of the telephone
survey are summarized below; a table of the responses is attached.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

1. What is the fee for processing an NPDES application?
a.   Charge no fee: Illinois, Virginia (fee is incorporated into the mining application fee)
b.   Charge flat fee: Ohio, Pennsylvania, West Virginia
c.   Charge prorated fee, depending on certain criteria (e.g., mine acreage, # discharges,
     flow, etc.): Indiana, Kentucky, Maryland


2. What is the renewal fee?
a.   Kentucky, Ohio and Pennsylvania charge the same to renew an NPDES permit as they
     charge for initial application processing.
b.   West Virginia charges as lower fee to renew ($ 500 for initial application; $ 100 to renew).


3. For how long are the NPDES permits issued?
a.   Generally, the permits are issued for 5 years.   
b.   Virginia may issued a permit for less than 5 years if special conditions exist.
c.   West Virginia coordinates the expiration date of the NPDES permit with that of the surface
     mining permit.


4. Is there an annual maintenance fee?
Only Maryland has an annual fee.


5. Do any states make the processing of NPDES permits a self-supporting program?
a.   Maryland: They are considering making the program self-sufficient; possibly issuing
     general permits for reclaimed lands and conducting site inspections for new applications.
b.   Pennsylvania: A bill to increase permit fees in an effort to make the programs self-sufficient died last year in the state legislature. The legislators felt the fees were
     unreasonably high.


6. Additional information 
New U.S. Environmental Protection Agency regulations are expected which will give the states the
authority to charge fees based on size of the mining operation or the expected rate of discharge.


ATTACHMENTS
Table of Responses to the survey


Survey conducted by: Joyce Zweben Scall 



NPDES PROCESSING FEES FOR SURFACE COAL MINES
(Table reformatted from original)

STATE 
INITIAL PROCESSING FEE (RENEWAL); NUMBER OF YEARS; ANNUAL MAINTENANCE FEE
COMMENTS

ILLINOIS 
No fee; 5 years; No fee
Permits are issued by Illinois EPA.

INDIANA 
$ 150/applicatn-includes certain no. of outfalls; $ 50 per each additional outfall; 5 years; No fee
Permits are issued by Indiana Dept. of Environ. Management.

KENTUCKY
No fee if is general permit, $ 1200 for individual permit ($ 1200/ renew); $ 2100 or $ 3200 for
coal wash plants, depending on flow per day; 5 years; No fee
20% of the fee is paid when the initial application is filed; the fee is based on the applicant's
category: general permit/individual permit; processing/non-processing; minor/major. Permits are
issued by the Div. of Water. 

MARYLAND
$ 125 (min), $ 375 (aver), $ 500 (max); 5 years; $ 500, $ 50 after reclam.
Fee is based on projected discharges, prorated according to expected volume. "Typical" mine of
100-500 acres pays $375 processing fee. Permits are issued by Maryland Dept. of Environment.
Considering making processing self-sufficient; may issue "general permit" for reclaimed mines.

OHIO
$ 15/applicatn, $ 250/process, $ 250/PTI for new mines ($ 250+ $15 to renew); 5 years; No fee
Permits are issued by the Ohio EPA.

PENNSYLVANIA
$ 250 ($ 250/renewal); 5 years; No fee
Attempt to increase permit fees to make processing self-sufficient died in legislature last year.

VIRGINIA
No separate fee: included as part of mining permit fees; 5 years; No separate fee
NPDES permits are issued under a cooperative agreement with the State Water Control Board.

WEST VIRGINIA
$ 500 ($ 100/renewal); 5 years; No fee
Permits are issued by Office of Water Resources which tries to coordinate expiration date of
NPDES permit with that of mining permit. In the future, non-coal NPDES rates may be based on
expected discharge flow rates.

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