25 Pa. Code § 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.

Notes

25 Pa. Code § 77.106

The provisions of this § 77.106 adopted March 16, 1990, effective 3/17/1990, 20 Pa.B. 1643; amended October 12, 2012, effective 10/13/2012, except that the annual administration fee under subsection (b) is effective 1/1/2013, 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 1/1/2020, 49 Pa.B. 2491.

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).

This section cited in 25 Pa. Code § 77.51 (relating to license requirement); and 25 Pa. Code § 77.126 (relating to criteria for permit approval or denial).