W. Va. Code R. § 47-40B-5
Section 4(d) of the HWERF contains specific provisions concerning accrual of interest and imposition of surcharges in cases where the payment of an assessed fee is overdue. If a fee assessed upon a generator has not been paid in full by the due date, interest accrues upon the unpaid amount until full payment is made. In addition, if a generator fails to pay the fee assessment in full within seventy-five (75) days of the prescribed date established under Section 5.2.1 of Series 40A, that generator must also pay a surcharge equivalent to the total amount of the fee assessed.
The Department believes that the establishment of payment schedules is possible under the provisions of Section 4(d) of the Act. Payments are due on the prescribed date established under Section 5.2.1 of Series 40A. A generator unable to make full payment by this date may request, in writing, that a payment schedule be approved by the Department which provides for full payment of the fee and all interest accrued within a specified period of time. The Department will not allow such schedules to exceed one hundred and eighty (180) days beyond the original due date. An approved payment schedule will be an agreement signed by the director and the generator and does not constitute a waiver from the imposition of a surcharge as required by the Act and interpreted in Section 5.2.3 of these regulations.
Under Section 4(d) of the HWERF, if a fee assessed upon a generator has not been paid by the prescribed date, "interest shall accrue upon the unpaid amount at the rate of ten percent (10%) per annum from the date due until payment is actually made". The Department interprets this provision to mean that interest on unpaid fees, or portions thereof, should accrue starting the day after the payment due date and continue until the full fee assessment, excluding any surcharge, is paid. Interest will be calculated only on the fee assessed, excluding any surcharge or accrued interest. Interest will accrue monthly as simple interest at a rate of 0.8333...percent on the unpaid balance of the fee. This monthly rate is equivalent to the ten percent (10%) per annum rate imposed under the Act.
Interest accrual is required by law to be applied to any unpaid balance of the fee assessed and may not be waived by the Department due to a "good faith" partial payment or any other reason. Partial payments will be applied to the retirement of the fee principal first to minimize the amount of interest accrued. Once the fee amount has been paid, interest accrual will cease.
Section 4(d) of the Act provides for the automatic imposition of a surcharge equivalent to the total amount of the fee assessed if that fee is not paid within seventy-five (75) days of the prescribed date established under Section 5.2.1 of Series 40A. Rules, Series 40A. The Department believes that this provision does not provide the Department with the discretion to waive surcharge imposition or extend its payment. The surcharge is intended to be an incentive for timely fee payment as well as a penalty for late payment.
W. Va. Code R. § 47-40B-5