WSR 97-12-032

PERMANENT RULES

DEPARTMENT OF HEALTH

[Filed May 30, 1997, 2:30 p.m.]

Date of Adoption: May 30, 1997.

Purpose: The purpose of this rule is to amend WAC 246-290-990 Water system evaluation and project review and approval fees. The rule increases the fees by 4.45%.

Citation of Existing Rules Affected by this Order: Amending WAC 246-290-990.

Statutory Authority for Adoption: RCW 43.20B.020.

Adopted under notice filed as WSR 97-07-073 on March 19, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

May 30, 1997

Bruce Miyahara

Secretary

AMENDATORY SECTION (Amending WSR 95-20-079, filed 10/4/95, effective 11/4/95)

WAC 246-290-990 Water system evaluation and project review and approval fees. (1) The fees for the review and approval of water system plans, project reports, construction documents, existing systems, and related evaluations required under chapters 246-290, 246-291, 246-293, and 246-295 WAC shall be as follows:

(a) Water system plans required under WAC 246-290-100, 246-293-220, and 246-293-230.

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Group A

1,000 to 10,000

<100 100 to 500 501 to 999 9,999 or more

Project Type Group B Services Services Services Services Services

Water system plan

(New and Updated) ((105.00 365.00 890.00 1,680.00 2,730.00 4,040.00))

109.00 381.00 929.00 1,754.00 2,851.00 4,219.00

Minor water system plan

alteration ((26.00 89.00 220.00 420.00 680.00 995.00))

27.00 92.00 229.00 438.00 710.00 1,039.00

(b) Satellite management agency (SMA) plans required under WAC 246-295-040.

Group A

1,000 to 10,000

<100 100 to 500 501 to 999 9,999 or more

Project Type Group B Services Services Services Services Services

SMA plan for ownership

(New and Updated) No plan

required ((365.00 890.00 1,680.00 2,730.00 4,040.00))

381.00 929.00 1,754.00 2,851.00 4,219.00

SMA approval

amendment No amendment

required ((78.00)) 81.00 per hour or appropriate fee from category above, whichever is less

SMA plan for No plan

operation only required

(New and Updated) ((890.00 890.00 890.00 890.00 890.00))

929.00 929.00 929.00 929.00 929.00

Note: SMAs owning water systems and submitting planning documents to the department for review shall be charged only the SMA fee.

(c) New plan elements required under WAC 246-290-100, 246-290-135, and 246-291-140 including:

(i) Conservation; and

(ii) Wellhead protection,

shall be reviewed separately by the department and the fee assessed shall reflect the time spent for this review and shall be calculated based on ((seventy-eight)) eighty-one dollars per hour. After the initial submittal, updated information shall be reviewed as part of the updated water system plan and the review fee shall be included in the applicable updated plan review fee listed under (a) or (b) of this subsection.

(d) Project reports required under WAC 246-290-110.

Group A

1,000 to 10,000

<100 100 to 500 501 to 999 9,999 or more

Project Type Group B Services Services Services Services Services

All types of

filtration or other

complex treatment

processes ((260.00 525.00 815.00 1,180.00 1,625.00 2,155.00))

271.00 548.00 851.00 1,232.00 1,697.00 2,250.00

Chemical addition only,

such as ion exchange,

hypochlorination,

or fluoridation ((78.00 155.00 260.00 390.00 550.00 735.00))

81.00 161.00 271.00 407.00 574.00 767.00

Complete water system

(an additional fee shall

be assessed for review

of treatment facility,

if any) ((155.00 365.00 575.00 840.00 1,155.00 1,520.00))

161.00 381.00 600.00 877.00 1,206.00 1,587.00

System modifications

requiring a detailed

evaluation to determine

whether the system, as

modified, will comply

with regulations (an

additional fee shall be

assessed for review of

treatment facility, if any) ((105.00 260.00 420.00 630.00 890.00 1,200.00))

109.00 271.00 438.00 658.00 929.00 1,253.00

(e) Special reports or plans required under WAC 246-290-115, 246-290-230, 246-291-230, 246-290-250, 246-290-470, 246-290-636, 246-290-654, and 246-290-676 including:

(i) Corrosion control recommendation report;

(ii) Corrosion control study;

(iii) Plan to cover uncovered reservoirs;

(iv) Predesign study;

(v) Uncovered reservoir plan of operation;

(vi) Tracer study plan;

(vii) Surface water or GWI treatment facility operations plan; or

(viii) Filtration pilot study,

shall be reviewed by the department and the fee assessed shall reflect the time spent for this review and shall be calculated based on ((seventy-eight)) eighty-one dollars per hour.

(f) Construction documents required under WAC 246-290-120.

Group A

1,000 to 10,000

<100 100 to 500 501 to 999 9,999 or more

Project Type Group B Services Services Services Services Services

All types of filtration

or other complex treatment

processes ((260.00 525.00 815.00 1,180.00 1,625.00 2,155.00))

271.00 548.00 851.00 1,232.00 1,697.00 2,250.00

Chemical addition only, such

as ion exchange,

hypochlorination, or

fluoridation ((78.00 155.00 260.00 390.00 550.00 735.00))

81.00 161.00 271.00 407.00 574.00 767.00

Complete new water system

except treatment (an

additional fee shall be

assessed for review of

treatment facility, if

any) ((210.00 470.00 680.00 945.00 1,260.00 1,625.00))

219.00 490.00 710.00 987.00 1,316.00 1,697.00

New source only (an

additional fee shall be

assessed for review of

treatment facility, if

any) ((155.00 285.00 390.00 525.00 680.00 865.00))

161.00 297.00 407.00 548.00 710.00 903.00

One or more of the following

submitted as a package and

not requiring a detailed

evaluation as determined

by the department:

Water line installation,

booster pump station,

modifications to source pumping,

piping-valving, controls

or storage reservoir (an

additional fee shall be

assessed for review of

treatment facility,

if any) ((105.00 180.00 285.00 420.00 575.00 760.00))

109.00 188.00 297.00 438.00 600.00 793.00

Documents submitted for

projects such as water line

installation, booster pump

stations, modifications to

source pumping,

piping/valving, controls

or storage reservoirs as

determined by the

department where such

projects:

Comply with design

standards established by

the department;

Are prepared by a

professional engineer

in accordance with

WAC 246-290-040; and

Do not require a

detailed evaluation

by the department. ((50.00 90.00 150.00 210.00 290.00 380.00))

52.00 94.00 156.00 219.00 302.00 396.00

(g) Existing system approval required under WAC 246-290-140. For the purpose of this subsection the department shall determine whether a system is expanding or nonexpanding.

Group A

1,000 to 10,000

<100 100 to 500 501 to 999 9,999 or more

Project Type Group B Services Services Services Services Services

NONEXPANDING system not

requiring a detailed

evaluation by the

department ((200.00 400.00 600.00 800.00 1,000.00 1,200.00))

208.00 417.00 626.00 835.00 1,044.00 1,253.00

NONEXPANDING system

requiring a detailed

evaluation as

determined by the

department ((300.00 600.00 900.00 1,200.00 1,500.00 1,800.00))

313.00 626.00 940.00 1,253.00 1,566.00 1,880.00

EXPANDING system

not requiring a

detailed evaluation

by the department ((400.00 800.00 1,200.00 1,600.00 2,000.00 2,400.00))

417.00 835.00 1,253.00 1,671.00 2,089.00 2,506.00

EXPANDING system

requiring a

detailed evaluation

as determined

by the department ((500.00 1,000.00 1,500.00 2,000.00 2,500.00 3,000.00))

522.00 1,044.00 1,566.00 2,089.00 2,611.00 3,133.00

(h) Monitoring waivers requested under WAC 246-290-300.

Group A

1,000 to 10,000

<100 100 to 500 501 to 999 9,999 or more

Project Type Group B Services Services Services Services Services

Inorganic chemical Not ((70.00 per 95.00 per 120.00 per 145.00 per 170.00 per))

monitoring waiver applicable 73.00 per 99.00 per 125.00 per 151.00 per 177.00 per

source source source source source

Organic chemical Not ((125.00 per 175.00 per 225.00 per 275.00 per 325.00 per))

monitoring waiver applicable 130.00 per 182.00 per 235.00 per 287.00 per 339.00 per

source source source source source

Use waiver Not ((150.00 per 200.00 per 255.00 per 300.00 per 350.00 per))

applicable 156.00 per 208.00 per 266.00 per 313.00 per 365.00 per

source source source source source

Area wide waiver Not ((200.00 per 275.00 per 350.00 per 425.00 per 500.00 per))

renewal applicable 208.00 per 287.00 per 365.00 per 443.00 per 522.00 per

source source source source source

Inorganic chemical Not ((40.00 per 50.00 per 60.00 per 70.00 per 80.00 per))

monitoring waiver applicable 41.00 per 52.00 per 62.00 per 73.00 per 83.00 per

renewal source source source source source

Organic chemical Not ((75.00 per 105.00 per 135.00 per 165.00 per 195.00 per))

monitoring waiver appliable 78.00 per 109.00 per 141.00 per 172.00 per 203.00 per

renewal source source source source source

Use waiver renewal Not ((105.00 per 140.00 per 175.00 per 210.00 per 245.00 per))

appliable 109.00 per 146.00 per 182.00 per 219.00 per 255.00 per

source source source source source

Coliform monitoring Not ((315.00 390.00 495.00 630.00)) Not

waiver including applicable 329.00 407.00 517.00 658.00 applicable

departmental inspection

requested by purveyor

Coliform monitoring Not ((100.00 100.00 100.00 100.00)) Not

waiver with third-party applicable 104.00 104.00 104.00 104.00 applicable

inspection report

(i) Other evaluations and approvals. As applicable, these fees will be charged in addition to the basic fees assessed under (a) through (h) of this subsection.

Group A

1,000 to 10,000

<100 100 to 500 501 to 999 9,999 or more

Project Type Group B Services Services Services Services Services

Well-site evaluation and

approval including the

site inspection and

hydrogeologic information

review. ((155.00 230.00 270.00 335.00 420.00 525.00))

161.00 240.00 282.00 349.00 438.00 548.00

Regulatory monitoring plan¹ No plan required ((150.00 200.00 250.00 300.00 350.00))

156.00 208.00 261.00 313.00 365.00

Unfiltered system Not applicable ((300.00 500.00 700.00 900.00 1,100.00))

annual comprehensive 313.00 522.00 731.00 940.00 1,148.00

report

¹ A comprehensive document containing coliform, inorganic chemical and organic chemical monitoring plans in accordance with WAC 246-290-300 (2)(b), (3)(f), and (7)(e).

Water system compliance

report ((52.00 89.00 89.00 89.00 89.00 89.00))

54.00 92.00 92.00 92.00 92.00

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(2) To determine the appropriate fee for a noncommunity system, calculate the service equivalent by taking the average population served each day of operation and dividing by twenty-five for a transient noncommunity (TNC) system and two and one-half for nontransient noncommunity (NTNC) system. Use the number of service equivalents to find out what Group A size category to look under and submit the appropriate fee. (All noncommunity systems are Group A systems as described in WAC 246-290-020.)

(3) Additional review and approval fees may be assessed as follows:

(a) The basic fee covers an evaluation, or the review of an initial submittal and one resubmittal if required. If additional resubmittals are required, an additional twenty-five percent of the original fee will be assessed for each additional resubmittal. For water system plan and SMA plan preparation the basic fee also covers a preplanning conference. When the department is asked to participate in other meetings involving the plan such as community meetings, public hearings, or meetings with elected officials, the department is authorized to charge additional fees at the rate of ((seventy-eight)) eighty-one dollars per hour;

(b) Fees for department project approval based on local technical review will be determined on a case-by-case basis as outlined in the applicable memorandum of understanding between the department and the respective local agency;

(c) Fees for services which the department determines are not described under subsection (1) of this section, will be calculated based on a rate of ((seventy-eight)) eighty-one dollars per hour.

Examples of these services include, but are not limited to:

(i) Review and inspection of water reuse projects;

(ii) Collection of water quality samples requested by purveyor; or

(iii) Review of alternate technologies requested by purveyor, manufacturer or authorized representative;

(d) Additional fees assessed by the department shall be billed to the purveyor using an itemized invoice.

(4) If the legislature revises the water system operating permit fee under RCW 70.119A.110 to incorporate into it one or more fees for service currently assessed separately under this section, and the purveyor has paid that consolidated fee, the department shall not assess or collect a separate fee under this section for any such service.

(5) All fees required under this section except as noted in subsection (3) of this section, shall be submitted prior to the department's approval. Payment of fees shall be in the form of a check or money order made payable to: The Department of Health. Payment of a fee shall not guarantee approval of the submitted document or evaluation request.

(((5))) (6) Purveyors unable to determine the appropriate fee payment to submit should contact the department.