Section 40. Fees

A. Purpose. The purpose of this section is to establish schedules and procedures pertaining to the payment and collection of fees from a fee simple owner or applicant in accordance with this chapter.

B. Fee payment and deposit. Fees related to UECA environmental covenants shall be paid by the fee simple owner or applicant as follows:

1. Due date. Where the department is the agency or the holder of the UECA environmental covenant, all fees are due upon submittal to the department of the proposed environmental covenant, covenant amendment, termination, or notification of property transfer. Where the department is neither the agency nor the holder of the UECA environmental covenant, a copy of the environmental covenant, covenant amendment, termination, or notification of property transfer and the accompanying fee are due prior to recordation.

2. Method of payment. Fees shall be paid by check, draft, or postal money order made payable to "Treasurer of Virginia/DEQ" and shall be sent to the Department of Environmental Quality, Receipts Control, P.O. Box 1104, Richmond, VA 23218.

3. Incomplete payments. All incomplete payments shall be deemed nonpayments.

4. Late payment. No environmental covenant, environmental covenant amendment, or termination under UECA and this chapter may be recorded until the department receives proper payment.

C. Fee schedules. Each UECA environmental covenant, UECA environmental covenant amendment, termination of a UECA environmental covenant, or transfer of a property encumbered by a UECA environmental covenant is a separate action and shall be assessed a separate fee. The amount of the fee is based on the costs associated with the implementation of UECA as required by this chapter. The fees required for UECA transactions where the department is either the agency or the holder are due whenever the department is the sole agency or the sole holder or when the department is one of multiple parties serving in either of these capacities. Where the department is both an agency and a holder, only the fees specified for the department as holder shall obtain. The fee schedules are shown in the following table:

Type of Action	Fee
1. UECA environmental covenants where the department is the agency:
a. Initial submittal	$4,000
b. Amendment	$4,000
c. Termination	$4,000
d. Property transfer	$100
2. UECA environmental covenants where the department is the holder:
a. Initial submittal	$24,000
b. Amendment	$24,000
c. Termination	$24,000
d. Property transfer	$100
3. UECA environmental covenants where the department is neither the agency nor the holder
a. Initial submittal	$1,000
b. Amendment	$1,000
c. Termination	$1,000
d. Property transfer	$100

D. Use of fees. Fees collected pursuant to this section shall be used for the purposes specified in this chapter and UECA.

E. Fund. The fees, received by the department in accordance with this chapter, shall be deposited in the UECA Environmental Covenants Fund, as established by § 10.1-1248 B of the Code of Virginia.

F. Periodic review of fees. Beginning July 1, 2013, and periodically thereafter, the department shall review the schedule of fees established pursuant to this section to ensure that the total fees collected are sufficient to cover the department's costs associated with this chapter.

Historical Notes

Derived from Volume 28, Issue 03, eff. November 9, 2011; amended, Virginia Register Volume 29, Issue 23, eff. August 14, 2013.

Statutory Authority

§ 10.1-1250 of the Code of Virginia.