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| Environmental News |
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| PA DEP Mine Permit Application Fees |
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The PA Department of Environmental Protection (DEP) has proposed changes to amend 25 PA Code Chapter 77, (Section 77.106) relating to noncoal mining permit application fees in the February 3 PA Bulletin. This proposed rulemaking increases noncoal mining permit application fees and annual permit administration fees to “provide funds necessary for the Department of Environmental Protection (Department) to administer the noncoal mine program.”
The fees are increasing in three phases with the first phase (assuming the rulemaking goes final) effective on January 1, 2019. Phase 2 would take effect two years after that and Phase 3 would take effect two years after Phase 2. As an example, the current application fee for a large surface mine with groundwater pumping is $22,225. Over the three phases, it would eventually increase to $29,500. Note also the Annual Administrative Fees will be increasing as well as small noncoal mine application fees. The major reason the fees are increasing is due to salary and benefit cost increases and the failure to account for the appropriate indirect and overhead costs in the previous fee package in 2010.
After the three phases are in place (year 7), there will be an ongoing fee adjustment factor every two years based on the United States Bureau of Labor Statistics Employment Cost Index for State and Local Government Compensation. Any adjustment to fees based on this index or any other similar index, would be in increments of $25. This subsection also includes the requirement to review fee adjustments with the Aggregate Advisory Board and to publish the final fee adjustments in the PA Bulletin.
Public comments are due by March 5. These fees cover nearly 100 percent of the Noncoal Mining Program with NO GENERAL FUND MONIES (i.e., your PA tax dollars) supporting this program. The previous statement is a worthy talking point for any of your discussions with legislators, communities and the general public.
Should you have any questions or comments, don’t hesitate to contact Josie Gaskey.
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