WSR 97-07-073
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed March 19, 1997, 10:13 a.m.]
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 246-290-990 Water system evaluation and project review and approval fees.
Purpose: This rule establishes fees for several types of services provided to water systems by the Division of Drinking Water.
Statutory Authority for Adoption: RCW 43.20B.020.
Statute Being Implemented: RCW 43.20.050.
Summary: The proposed rule will adjust the fee-for-service schedule for public water systems.
Reasons Supporting Proposal: The additional revenue is needed to fund staff that provide review and approval services.
Name of Agency Personnel Responsible for Drafting and Implementation: Peggy Johnson, Tumwater, (360) 753-3528; and Enforcement: Linda Chapman, Tumwater, (360) 586-8946.
Name of Proponent: Department of Health, Division of Drinking Water, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The Department of Health must perform several different types of activities to ensure safe drinking water and protect the health of water consumers served by the systems. This rule describes the fees for the department's activities including the review and approval of water system plans, engineering reports, construction documents, monitoring waivers and special reports and plans. The Division of Drinking Water must periodically adjust the fees that support the services in order to guarantee it has sufficient revenue to fulfill its obligation to protect public health.
Proposal Changes the Following Existing Rules: The fees paid by public water systems for services rendered by the Division of Drinking Water will increase by 4.45%.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required for rules described in RCW 34.05.310(4), including "Rules that set or adjust fees or rates pursuant to legislative standards."
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Section 201, chapter 403, Laws of 1995, contains various rule-making criteria. According to subsection (5)(b)(vi), the section does not apply to "Rules that set or adjust fees or rates pursuant to legislative standards."
Hearing Location: Building 5, Thurston Airdustrial Center, 7171 Cleanwater Lane, Tumwater, WA, on April 22, 1997, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Peggy Johnson by April 15, 1997, TDD (800) 833-6388, or FAX (360) 586-5529.
Submit Written Comments to: Peggy Johnson, Division of Drinking Water, P.O. Box 47822, Olympia, WA 98504-7822, FAX (360) 586-5529, by April 15, 1997.
Date of Intended Adoption: May 30, 1997.
March 18, 1997
Mimi Fields, MD
for 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))
73.00 per 99.00 per 125.00 per 151.00 per 177.00 per
monitoring waiver applicable source source source source source
Organic chemical Not ((125.00 per 175.00 per 225.00 per 275.00 per 325.00 per))
130.00 per 182.00 per 235.00 per 287.00 per 339.00 per
monitoring waiver applicable source source source source source
Use waiver Not ((150.00 per 200.00 per 255.00 per 300.00 per 350.00 per))
156.00 per 208.00 per 266.00 per 313.00 per 365.00 per
applicable source source source source source
Area wide waiver Not ((200.00 per 275.00 per 350.00 per 425.00 per 500.00 per))
208.00 per 287.00 per 365.00 per 443.00 per 522.00 per
renewal applicable source source source source source
Inorganic chemical Not ((40.00 per 50.00 per 60.00 per 70.00 per 80.00 per))
41.00 per 52.00 per 62.00 per 73.00 per 83.00 per
monitoring waiver applicable source source source source source
renewal
Organic chemical Not ((75.00 per 105.00 per 135.00 per 165.00 per 195.00 per))
78.00 per 109.00 per 141.00 per 172.00 per 203.00 per
monitoring waiver applicable source source source source source
renewal
Use waiver renewal Not ((105.00 per 140.00 per 175.00 per 210.00 per 245.00 per))
109.00 per 146.00 per 182.00 per 219.00 per 255.00 per
applicable source source source source source
Coliform monitoring Not ((315.00 390.00 495.00 630.00)) Not
329.00 407.00 517.00 658.00
waiver including applicable applicable
departmental inspection
requested by purveyor
Coliform monitoring Not ((100.00 100.00 100.00 100.00)) Not
104.00 104.00 104.00 104.00
waiver with third-party applicable 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))
313.00 522.00 731.00 940.00 1,148.00
annual comprehensive
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.
[Statutory Authority: RCW 43.20B.020. 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.]