North Carolina § 74-54 - 1. Permit fees.

§ 74-54. 1. Permit fees.

The fee schedule for the processing of permit applications, transfers, and modifications is as follows: In addition to the fees set forth in subsection (a) of this section, permittees shall pay an annual operating fee of four hundred dollars ($400.00) per permit per year as set forth in G.S. 74-55. The Department may charge a late fee of fifty dollars ($50.00) per month per permit for every month or partial month that payment of the annual operating fee is delinquent. Fees collected under this section shall be credited to the General Fund and shall be applied to the costs of administering this Article. Repealed by Session Laws 2017-10, s. 4.1, effective May 4, 2017. New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750.00 $1,000.00 Permit Transfers $100.00 $100.00 History (1989 (Reg. Sess., 1990), c. 944, s. 1; 1991 (Reg. Sess., 1992), c. 1039, s. 16; 1993, c. 513, s. 3; 1993 (Reg. Sess., 1994), c. 568, s. 6; 2007-323, s. 30.2(a); 2012-143, s. 1(d); 2013-410, s. 7(b); 2015-241, s. 14.16(b); 2017-10, s. 4.1; 2017-209, s. 13(e).) Editor's Note. - This section is former subdivision (4) of G.S. 143-290 , as rewritten and recodified by Session Laws 1991 (Reg. Sess., 1992), c. 1039, s. 16. The appropriate portion of the historical citation to former G.S. 143B-290 has been included in the historical citation for this section. Session Laws 2007-323, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2007'." Session Laws 2007-323, s. 32.5 is a severability clause. Session Laws 2017-10, s. 5.1, is a severability clause. Session Laws 2017-209, s. 13(i), provides: "Notwithstanding G.S. 74-55(b) , as enacted by subsection (f) of this section, the initial annual operating fee imposed by G.S. 74-54.1(a1) , as enacted by subsection (e) of this section, shall be due December 31, 2017." Session Laws 2017-209, s. 13(j), effective October 4, 2017, provides: "This section is effective when it becomes law and applies to (i) valid permits for existing mining operations issued before the date this act becomes effective and (ii) any permit application for a mining operation pending or submitted on or after that date. No later than December 1, 2017, the Department shall issue life-of-site permits or life-of-lease permits, as applicable, to replace valid permits for existing mining operations issued before the date this act becomes effective in compliance with the provisions of this act. Until such time as life-of-site permits or life-of-lease permits, as applicable, have been issued to replace valid permits for existing mining operations issued before the date this act becomes effective, any valid permit and its terms and conditions shall remain in effect and govern the operations of the facility notwithstanding any termination date that may be included in such permit." Session Laws 2017-209, s. 21(a), is a severability clause. Effect of Amendments. - Session Laws 2007-323, s. 30.2.(a), effective August 1, 2007, and applicable to applications submitted on or after that date, rewrote subsection (a); deleted the former first two sentences in subsection (b) which read: "The total amount of permit fees collected for any fiscal year may not exceed one-third of the total personnel and administrative costs incurred by the Department for processing applications for permits and permit renewals and modifications and for related compliance costs in the prior fiscal year. A fee for an application for a new permit may not exceed two thousand five hundred dollars ($2,500), and a fee for an application to renew or modify a permit may not exceed five hundred dollars ($500.00)."; and added "the Fiscal Research Division, and the Mining Commission" in the first sentence of subsection (c). Session Laws 2013-410, s. 7(b), effective August 23, 2013, in subsection (c), substituted "September 1" for "1 September," and deleted "North Carolina Mining and Energy" preceding "Commission on the cost." Session Laws 2015-241, s. 14.16(b), effective July 1, 2015, in subsection (b), deleted the former first sentence, which read: "The Mining Account is established as a nonreverting account within the Department." and substituted "General Fund" for "Mining Account." Session Laws 2017-10, s. 4.1, effective May 4, 2017, deleted subsection (c). Session Laws 2017-209, s. 13(e), effective October 4, 2017, rewrote subsection (a) and added subsection (a1). For applicability, see editor's note.