Library of COALEX Research Reports

COALEX Research Reports are the products of research and analysis conducted on specific issues relating to the regulation of Surface Mining Control and Reclamation Act of 1977. The research is conducted in response to requests for information from State Regulatory Authorities, under a cooperative agreement between the Office of Surface Mining (OSM) and the Interstate Mining Compact Commission (IMCC).

COALEX refers to the Library of Surface Mining Materials maintained by OSM in LEXIS-NEXIS and is a major source for the research.

Each Report includes a list of resources which were sent as attachments to the individual who requested the research. To obtain a copy of the attachments or to obtain any additional information, contact Joyce Zweben Scall by phone at 202-686-9138 or by email at JZScall@aol.com.

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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.

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QUESTIONNAIRE

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


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


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


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


5. Do any states make the processing of NPDES permits a self-supporting program?
   
   1. Maryland: They are considering making the program self-sufficient; possibly issuing general permits for reclaimed lands and conducting site inspections for new applications.
   2. 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

STATE	INITIAL PROCESSING FEE (RENEWAL)	NO. OF YEARS	ANNUAL MAINT. FEE	COMMENTS
ILLINOIS	No fee	5 years	No fee	Permits are issued by Illinois EPA.
INDIANA	$150/application; includes certain no. outfalls; $50 per each addtl 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/application, $250/process, $250/PTI for new mines ($250+ $15 to renew)	5 years	No fee	Permits are issued by the Ohio EPA.
PPENNSYLVANIA	$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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