§ 77.106. Fees.
(a) Payment. A permit application for noncoal mining activities shall be accompanied by a nonrefundable payment for the permit application fee payable to the ‘‘Commonwealth of Pennsylvania.’’ The applicable permit application fee amount is specified in subsection (e). For purposes of this subsection, permit applications include all of the applications listed in subsection (e).
(b) Assessment. The Department will assess an annual administration fee for each permitted activity and facility. For licensed mine operators, this annual administration fee will be assessed annually, will be collected as part of the mine operator’s license renewal application and will include the appropriate annual administration fee for each of the licensee’s permitted facilities. If the permittee is not required to maintain a mining license, a notice of the annual administration fee will be sent to the permittee for all of the permittee’s permitted facilities and the fee must be paid within 30 days of receipt of the notice. The applicable fee amounts are specified in subsection (f).
(c) Deposit of funds. Fees collected under this section and all enforcement cost recovery funds will be deposited in the Noncoal Surface Mining Conservation and Reclamation Fund. The fees collected under this section will be used by the Department for the purposes specified by the act.
(d) Regulatory amendment. At least every 3 years, the Department will recommend regulatory changes to the fees in this section to the EQB to address any disparity between the program income generated by the fees and program costs. The regulatory amendment will be based upon an evaluation of the program fees income and the Department’s costs of administering the program.
(e) Permit application fee schedule.
(1) Effective January 1, 2020, the permit application fee schedule is as follows:
(i) New Permits. Fee Large Surface Mining Permit—Groundwater Pumping Authorized $22,450 Large Surface Mining Permit—No Groundwater Pumping $15,000 Small Surface Mining Permit $600 Underground Mining Permit $22,450 (ii) Major Amendments. Fee Large Surface Mining Permit—Groundwater Pumping Authorized $4,250 Large Surface Mining Permit—No Groundwater Pumping $1,775 Underground Mining Permit $2,950 (iii) Minor Amendments. Fee Large Surface Mining Permit $775 Small Surface Mining Permit $200 (iv) Transfers. Fee Large Surface Mining Permit $975 Underground Mining Permit $975 (v) Other Actions. Fee Bonding Increment $500 Completion Report Application $650 Blast Plan $550 Notice of Intent to Explore $65 Pre-applications $3,750 Renewal $175 (2) Effective January 1, 2022, the permit application fee schedule is as follows:
(i) New Permits. Fee Large Surface Mining Permit—Groundwater Pumping Authorized $25,525 Large Surface Mining Permit—No Groundwater Pumping $17,025 Small Surface Mining Permit $675 Underground Mining Permit $25,525 (ii) Major Amendments. Fee Large Surface Mining Permit—Groundwater Pumping Authorized $4,850 Large Surface Mining Permit—No Groundwater Pumping $2,000 Underground Mining Permit $3,350 (iii) Minor Amendments. Fee Large Surface Mining Permit $900 Small Surface Mining Permit $225 (iv) Transfers. Fee Large Surface Mining Permit $1,125 Underground Mining Permit $1,125 (v) Other Actions. Fee Bonding Increment $550 Completion Report Application $750 Blast Plan $675 Notice of Intent to Explore $75 Pre-applications $4,250 Renewal $200 (3) Effective January 1, 2024, the permit application fee schedule is as follows:
(i) New Permits. Fee Large Surface Mining Permit—Groundwater Pumping Authorized $29,500 Large Surface Mining Permit—No Groundwater Pumping $19,750 Small Surface Mining Permit $775 Underground Mining Permit $29,500 (ii) Major Amendments. Fee Large Surface Mining Permit—Groundwater Pumping Authorized $5,625 Large Surface Mining Permit—No Groundwater Pumping $2,350 Underground Mining Permit $3,900 (iii) Minor Amendments. Fee Large Surface Mining Permit $1,050 Small Surface Mining Permit $250 (iv) Transfers. Fee Large Surface Mining Permit $1,300 Underground Mining Permit $1,300 (v) Other Actions. Fee Bonding Increment $650 Completion Report Application $875 Blast Plan $775 Notice of Intent to Explore $85 Pre-applications $4,950 Renewal $225 (f) Annual administration fee schedule.
(1) Effective January 1, 2020, the annual administration fee schedule will be as follows:
Permit Category—Permit Status Annual Fee Large Surface Mining Permit—Active $1,300 Large Surface Mining Permit—Active with Blasting $1,675 Small Surface Mining Permit—Active $400 Small Surface Mining Permit—Active with Blasting $550 Underground Mining Permit—Active $1,300 General Permit $400 All Permits—Not Started $125 All Permits—Inactive $125 (2) Effective January 1, 2022, the annual administration fee schedule will be as follows:
Permit Category—Permit Status Annual Fee Large Surface Mining Permit—Active $1,500 Large Surface Mining Permit—Active with Blasting $1,925 Small Surface Mining Permit—Active $450 Small Surface Mining Permit—Active with Blasting $625 Underground Mining Permit—Active $1,500 General Permit $450 All Permits—Not Started $150 All Permits—Inactive $150 (3) Effective January 1, 2024, the annual administration fee schedule will be as follows:
Permit Category—Permit Status Annual Fee Large Surface Mining Permit—Active $1,750 Large Surface Mining Permit—Active with Blasting $2,250 Small Surface Mining Permit—Active $500 Small Surface Mining Permit—Active with Blasting $700 Underground Mining Permit—Active $1,750 General Permit $500 All Permits—Not Started $175 All Permits—Inactive $175 (g) The fees in subsections (e) and (f) will be adjusted by the Department every 2 years, beginning on January 1, 2026, based on the United States Bureau of Labor Statistics Employment Cost Index for State and Local Government Compensation, or an equivalent index recognized by the United States Department of Labor. The adjustment will be based upon the cost difference for the most recent 2-year period prior to the calculation. The fee schedule will be adjusted in increments of $25. The Department will provide the proposed fee schedule to the Aggregate Advisory Board for review prior to publication. The final adjusted fee schedule will be effective upon publication in the Pennsylvania Bulletin. The fees shall not be adjusted if application of the index would result in fees exceeding the Department’s costs of reviewing, administering and enforcing the permit.
Authority The provisions of this § 77.106 amended under sections 7(a) and 11a of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § § 3307(a) and 3311(a)); section 6 of The Clean Streams Law (35 P.S. § 691.6); and section 1920A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 77.106 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended October 12, 2012, effective October 13, 2012, except that the annual administration fee under subsection (b) is effective January 1, 2013, and applied to all mining licenses being renewed which have an expiration date occuring on or after January 1, 2013, 42 Pa.B. 6536; amended May 17, 2019, effective January 1, 2020, 49 Pa.B. 2491. Immediately preceding text appears at serial pages (363946) to (363947).
Cross References This section cited in 25 Pa. Code § 77.126 (relating to criteria for permit approval or denial).
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