WSR 98-11-068

PERMANENT RULES

DEPARTMENT OF HEALTH

[Filed May 19, 1998, 11:03 a.m.]



Date of Adoption: May 1, 1998.

Purpose: The purpose of the fee increases contained in WAC 246-290-990 is to provide revenue that will assist the Division of Drinking Water in meeting its operating costs. The total revenue that the program obtains from the current fees is less than its expenditures from providing the services. In addition, revenue is needed to support the preparation and implementation activities associated with undertaking the operator certification requirements mandated in the reauthorized federal Safe Drinking Water Act.

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 98-07-082 on March 17, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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 18, 1998

Bruce Miyahara

Secretary

OTS-2073.2

AMENDATORY SECTION (Amending WSR 97-12-032, filed 5/30/97, effective 6/30/97)



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, 246-291-140, 246-293-220, and 246-293-230.



------------------------------ Group A --------------------------




Project Type




Group B


<100

Services



100 to 500

Services



501 to 999

Services

1,000 to

9,999

Services

10,000

or more

Services

Water system plan

(New and Updated)



((109.00 $113.00


381.00 $396.00


929.00 $966.00


1,754.00 $1,825.00


2,851.00 $2,966.00


4,219.00)) $4,389.00
Minor water system plan

alteration



((27.00

$ 28.00



92.00

$ 95.00



229.00 $238.00


438.00 $455.00


710.00 $738.00


1,039.00)) $1,081.00




(b) Satellite management agency (SMA) plans for Group A and Group B water systems required under WAC 246-295-040.



---------- ((Group A)) Total Active or Approved Services ----------




Project Type




((Group B))


<100

Services



100 to 500

Services



501 to 999

Services

1,000 to

9,999

Services

10,000

or more

Services

SMA plan for ownership

(New and Updated)





((No plan

required





381.00

$396.00





929.00 $966.00




1,754.00 $1,825.00




2,851.00 $2,966.00




4,219.00)) $4,389.00
SMA approval amendment ((No

amendment

required





81.00 ))




$84.00 per hour or appropriate fee from category above, whichever is less
SMA plan for operation only

(New and Updated)



((No plan

required



929.00 $966.00


929.00 $966.00


929.00 $966.00


929.00 $966.00


929.00)) $966.00






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 ((eighty-one)) eighty-four 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 and design reports required under WAC 246-291-120.



------------------------------ Group A --------------------------




Project Type




Group B


<100

Services



100 to 500

Services



501 to 999

Services

1,000 to

9,999

Services

10,000

or more

Services



All types of filtration or other

complex treatment processes







((271.00 $281.00






548.00 $570.00










851.00 $885.00








1,232.00 $1,281.00






1,697.00 $1,765.00








2,250.00)) $2,341.00


Chemical addition only, such as

ion exchange,

hypochlorination, or

fluoridation









((81.00 $ 84.00








161.00 $167.00








271.00 $281.00








407.00 $423.00










574.00 $597.00








767.00)) $798.00


Complete water system (an

additional fee shall be

assessed for review of

treatment facility, if

any)









((161.00 $167.00











381.00 $396.00










600.00 $624.00










877.00 $912.00










1,206.00 $1,254.00










1,587.00)) $1,651.00


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)

















((109.00 $113.00
















271.00 $281.00
















438.00 $455.00
















658.00 $684.00
















929.00 $966.00
















1,253.00)) $1,303.00




(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 ((eighty-one)) eighty-four dollars per hour.

(f) Construction documents required under WAC 246-290-120 and design reports required under WAC 246-291-120.



------------------------------ Group A --------------------------




Project Type




Group B


<100

Services



100 to 500

Services



501 to 999

Services

1,000 to

9,999

Services

10,000

or more

Services



All types of filtration or other

complex treatment

processes







((271.00 $281.00






548.00 $570.00






851.00 $885.00






1,232.00 $1,281.00






1,697.00 $1,765.00






2,250.00)) $2,341.00


Chemical addition only, such

as ion exchange,

hypochlorination,

or fluoridation









((81.00 $ 84.00








161.00 $167.00








271.00 $281.00








407.00 $423.00








574.00 $597.00








767.00)) $798.00


Complete new water system

except treatment (an

additional fee shall be

assessed for review of

treatment facility, if any)









((219.00 $227.00











490.00 $509.00










710.00 $738.00










987.00 $1,026.00










1,316.00 $1,369.00










1,697.00)) $1,765.00


New source only (an

additional fee shall be

assessed for review of

treatment facility, if any)







((161.00 $167.00








297.00 $309.00








407.00 $423.00








548.00 $570.00








710.00 $738.00








903.00)) $939.00


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)





























((109.00 $113.00






























188.00 $195.00






























297.00 $309.00






























438.00 $455.00






























600.00 $624.00






























793.00)) $825.00


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.





((52.00 $ 54.00




94.00

$ 97.00





156.00 $162.00




219.00 $227.00




302.00 $314.00




396.00)) $412.00


(g) Existing system approval required under WAC 246-290-140 and 246-291-130. For the purpose of this subsection the department shall determine whether a system is expanding or nonexpanding.



-------------------------------- Group A --------------------------




Project Type




Group B


<100

Services



100 to 500

Services



501 to 999

Services

1,000 to

9,999

Services

10,000

or more

Services



NONEXPANDING system not

requiring a detailed

evaluation by the

department







((208.00 $216.00









417.00 $433.00








626.00 $651.00








835.00 $868.00








1,044.00 $1,086.00








1,253.00)) $1,303.00


NONEXPANDING system

requiring a detailed

evaluation as determined

by the department







((313.00 $325.00









626.00 $651.00








940.00 $978.00








1,253.00 $1,303.00








1,566.00 $1,629.00








1,880.00)) $1,956.00


EXPANDING system not

requiring a detailed

evaluation by the

department







((417.00 $433.00









835.00 $868.00








1,253.00 $1,303.00










1,671.00 $1,738.00








2,089.00 $2,173.00








2,506.00)) $2,607.00


EXPANDING system requiring

a detailed evaluation as

determined by the

department









((522.00 $543.00








1,044.00 $1,086.00








1,566.00 $1,629.00








2,089.00 $2,173.00








2,611.00 $2,716.00








3,133.00)) $3,259.00


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



-------------------------------- Group A ------------------------------
Project Type Group B <100

Services

100 to 500

Services

501 to 999

Services

1,000 to

9,999

Services

10,000

or more

Services

Inorganic chemical monitoring waiver Not

applicable

((73.00))

$ 75.00 per

source

((99.00))

$103.00 per

source

((125.00))

$130.00 per

source

((151.00))

$157.00 per

source

((177.00))

$184.00 per

source

Organic chemical monitoring waiver

Not

applicable

((130.00))

$135.00 per

source

((182.00))

$189.00 per

source

((235.00))

$244.00 per

source

((287.00))

$298.00 per

source

((339.00))

$352.00 per

source

Use waiver

Not

applicable

((156.00))

$162.00 per

source

((208.00))

$216.00 per

source

((266.00))

$276.00 per

source

((313.00))

$325.00 per

source

((365.00))

$379.00 per

source

Area wide waiver renewal

Not

applicable

((208.00))

$216.00 per

source

((287.00))

$298.00 per

source

((365.00))

$379.00 per

source

((443.00))

$460.00 per

source

((522.00))

$543.00 per

source

Inorganic chemical monitoring waiver renewal

Not

applicable

((41.00))

$ 42.00 per

source

((52.00))

$ 54.00 per

source

((62.00))

$ 64.00 per

source

((73.00))

$ 75.00 per

source

((83.00))

$ 86.00 per

source

Organic chemical monitoring waiver renewal

Not

applicable

((78.00))

$ 81.00 per

source

((109.00))

$113.00 per

source

((141.00))

$146.00 per

source

((172.00))

$178.00 per

source

((203.00))

$211.00 per

source

Use waiver renewal Not

applicable

((109.00))

$113.00 per

source

((146.00))

$151.00 per

source

((182.00))

$189.00 per

source

((219.00))

$227.00 per

source

((255.00))

$265.00 per

source

Coliform monitoring waiver including departmental inspection requested by purveyor

Not

applicable

((329.00

$342.00

407.00

$423.00

517.00

$537.00

658.00))

$684.00

Not

applicable

Coliform monitoring waiver with third-party inspection report

Not

applicable

((104.00

$108.00

104.00

$108.00

104.00

$108.00

104.00))

$108.00

Not

applicable



(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--------------------------------
Project Type Group B <100

Services

100 to 500

Services

501 to 999

Services

1,000 to

9,999

Services

10,000

or more

Services

Well-site evaluation and

approval including the

site inspection and

hydrogeologic

information review.

((161.00

$167.00

240.00

$249.00

282.00

$293.00

349.00

$363.00

438.00

$455.00

548.00))

$570.00



Regulatory monitoring plan1


No plan

required



((156.00

$162.00



208.00

$216.00



261.00

$271.00



313.00

$325.00



365.00))

$379.00

Unfiltered system

annual comprehensive

report

Not

applicable

((313.00

$325.00

522.00

$543.00

731.00

$760.00

940.00

$978.00

1,148.00))

$1,194.00



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





((54.00

$ 95.00







92.00

$ 95.00





92.00

$ 95.00





92.00

$ 95.00





92.00))

$ 95.00







$ 95.00

(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 ((eighty-one)) eighty-four 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 ((eighty-one)) eighty-four 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; or

(iv) Sanitary surveys, including the annual on-site inspections required for systems under WAC 246-290-690(3) to assess watershed control and disinfection treatment.

(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.

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



[Statutory Authority: RCW 43.20B.020. 97-12-032, 246-290-990, filed 5/30/97, effective 6/30/97; 95-20-079, 246-290-990, filed 10/4/95, effective 11/4/95; 93-01-006 (Order 315), 246-290-990, filed 12/3/92, effective 1/3/93. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-290-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20A.055. 87-14-066 (Order 2493), 440-44-048, filed 7/1/87; 83-14-038 (Order 1980), 440-44-048, filed 6/30/83.]

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