OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 1 of 4

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. 

QUESTIONNAIRE

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?
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 2 of 4

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?

a. 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

STATE INITIAL NO. OF ANNUAL COMMENTS 

PROCESSING YEARS MAINT.

FEE FEE

(RENEWAL)

ILLINOIS No fee 5 years No fee Permits are issued 

by Illinois EPA. 

INDIANA $150/application;

includes certain no. outfalls; 

5 years No fee Permits are issued 

by Indiana Dept. 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 3 of 4

$50 per each addtl outfall 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/nonprocessing; 

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 selfsufficient; 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 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 4 of 4

processing selfsufficient 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, noncoal NPDES rates 

may be based on 

expected 

discharge flow 

rates.