Date of Adoption: December 27, 1999.

Purpose: The purpose of the fee increases is to provide revenue that will assist the Division of Radiation, the Office of Toxics Substance, and the shellfish program to meet operating costs to fulfill public health protection. The total revenue that the program obtains from the current fees is less than its expenditures from providing the service.

Citation of Existing Rules Affected by this Order: Amending WAC 246-282-990, 246-254-070, 246-254-080, 246-254-090, 246-254-100, and 246-205-990.

Statutory Authority for Adoption: RCW 43.70.250.

Adopted under notice filed as WSR 99-20-061 on October 1, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 6, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

December 21, 1999

Eric Slagle

for Mary C. Selecky

Secretary

OTS-3388.1

AMENDATORY SECTION(Amending WSR 99-12-022, filed 5/24/99, effective 6/24/99)

WAC 246-282-990
Shellfish program certification fees.

(1) Annual certificate fees are:

Type of Operation			Annual Fee
	Harvester			$250.
	Shellstock Shipper
		0 - 49 Acres		(($270.)) $275.
		50 or greater Acres		(($430.)) $440.
	Shucker-Packer
		Plants with floor space < 2000 sq. ft.		(($485.)) $500.
		Plants with floor space > 2000 sq. ft. and < 5000 sq. ft.		(($590.)) $605.
		Plants with floor space > 5000 sq. ft.		(($1,080.)) $1,115.

(2) Type of operations are defined as follows:

(a) "Shellstock shipper" means shippers growing, harvesting, buying, or selling shellstock.      Shellstock shippers are not authorized to shuck shellfish or to repack shucked shellfish.

(b) "Shucker-packer" means shippers shucking and packing shellfish.      A shucker-packer may act as a shellstock dealer.

(c) "Harvester" means a commercial shellfish operation with activities limited to harvesting shellstock, and shipping and selling it within Washington state to shellfish dealers licensed by the department.      Harvesters do not shuck shellfish; repack shucked shellfish; repack shellstock; or store shellstock in any location other than the approved growing area where the shellstock was harvested.

(3) "Export certificate" means a certificate issued by the department to a licensed shucker-packer or shellstock shipper for use in the foreign export of a lot or shipment of shellfish.      The fee for each export certificate shall be $10.

[Statutory Authority: RCW 43.70.250.      99-12-022, § 246-282-990, filed 5/24/99, effective 6/24/99.      Statutory Authority: RCW 43.20B.020 and 69.30.030.      98-12-068, § 246-282-990, filed 6/1/98, effective 7/2/98.      Statutory Authority: RCW 43.203.020 [43.20B.020].      97-12-031, § 246-282-990, filed 5/30/97, effective 6/30/97.      Statutory Authority: RCW 43.20B.020 and 69.30.030.      96-16-073, § 246-282-990, filed 8/6/96, effective 10/1/96.      Statutory Authority: RCW 43.70.040.      93-17-096 (Order 389), § 246-282-990, filed 8/17/93, effective 9/17/93; 91-02-049 (Order 121), recodified as § 246-282-990, filed 12/27/90, effective 1/31/91.      Statutory Authority: RCW 43.20A.055.      85-12-029 (Order 2236), § 440-44-065, filed 5/31/85; 84-13-006 (Order 2109), § 440-44-065, filed 6/7/84; 83-15-021 (Order 1991), § 440-44-065, filed 7/14/83.      Statutory Authority: 1982 c 201.      82-13-011 (Order 1825), § 440-44-065, filed 6/4/82.]

OTS-3389.1

AMENDATORY SECTION(Amending WSR 99-12-022, filed 5/24/99, effective 6/24/99)

WAC 246-205-990
Fees.

(1) The department shall charge fees for issuance and renewal of certificates.      The department shall set the fees by rule.

(2) The fees shall cover the cost of issuing certificates, filing papers and notices, and administering this chapter.      The costs shall include reproduction, travel, per diem, and administrative and legal support costs.

(3) Fees are nonrefundable and shall be in the form of check or money order made payable to the department.

(4) The department shall require payment of the following fees upon receipt of application:

(a) ((Twenty-six)) Twenty-seven dollars shall be assessed for each initial, renewal, or reciprocal worker certificate application.

(b) ((Twenty-six)) Twenty-seven dollars shall be assessed for each initial, renewal, or reciprocal supervisor certificate application.

(c) Five hundred ((twenty)) thirty-seven dollars shall be assessed for each initial, renewal, or reciprocal authorized contractor certificate application.      The applicant's certificate shall expire annually on the expiration date of the contractor's license issued under the provisions of chapter 18.27 RCW.

(d) Two hundred five dollars shall be assessed for each initial application and fifty dollars shall be assessed for each renewal application for illegal drug manufacturing or storage site decontamination training course approval.

[Statutory Authority: RCW 43.70.250.      99-12-022, § 246-205-990, filed 5/24/99, effective 6/24/99.      Statutory Authority: RCW 64.44.060 and chapter 64.44 RCW.      91-04-007 (Order 125SB), § 246-205-990, filed 1/24/91, effective 4/1/91.]

OTS-3381.1

AMENDATORY SECTION(Amending WSR 99-12-022, filed 5/24/99, effective 6/24/99)

WAC 246-254-070
Fees for specialized radioactive material licenses.

(1) Persons licensed or authorized to possess or use radioactive material in the following special categories shall forward annual fees to the department as follows:

(a) Four thousand ((six)) eight hundred ((ninety)) forty-five dollars for operation of a single nuclear pharmacy.

(b) Eight thousand two hundred sixty-five dollars for operation of a single nuclear laundry.

(c) Eight thousand two hundred sixty-five dollars for a license authorizing a single facility to use more than one curie of unsealed radioactive material in the manufacture and distribution of radioactive products or devices containing radioactive material.

(d) Two thousand ((eight)) nine hundred ((ten)) dollars for a license authorizing a single facility to use less than or equal to one curie of unsealed radioactive material or any quantity of previously sealed sources in the manufacture and distribution of products or devices containing radioactive material.

(e) Seven hundred ((thirty)) fifty-four dollars for a license authorizing the receipt and redistribution from a single facility of manufactured products or devices containing radioactive material.

(f) Five thousand ((three)) five hundred ((seventy)) forty-five dollars for a license authorizing decontamination services operating from a single facility.

(g) Two thousand ((five)) six hundred ((forty)) twenty-five dollars for a license authorizing waste brokerage including the possession, temporary storage at a single facility, and over-packing only of radioactive waste.

(h) One thousand one hundred ((thirty-five)) seventy dollars for a license authorizing equipment servicing involving:

(i) Incidental use of calibration sources;

(ii) Maintenance of equipment containing radioactive material; or

(iii) Possession of sealed sources for purpose of sales demonstration only.

(i) Two thousand one hundred ((twenty)) ninety dollars for a license authorizing health physics services, leak testing, or calibration services.

(j) One thousand three hundred ((thirty)) seventy dollars for a civil defense license.

(k) Four hundred thirteen dollars for a license authorizing possession of special nuclear material as pacemakers or depleted uranium as shielding.

(2) Persons licensed or authorized to possess and use radioactive material in the following broad scope categories shall forward annual fees to the department as follows:

(a) ((Fifteen)) Sixteen thousand ((eight)) four hundred ((eighty)) five dollars for a license authorizing possession of atomic numbers three through eighty-three with maximum authorized possession of any single isotope greater than one curie.

(b) Seven thousand ((three)) five hundred ((forty)) eighty dollars for a license authorizing possession of atomic numbers three through eighty-three with maximum authorized possession of any single isotope greater than 0.1 curie but less than or equal to one curie.

(c) ((Five)) Six thousand ((nine hundred)) ninety-five dollars for a license authorizing possession of atomic numbers three through eighty-three with maximum authorized possession less than or equal to 0.1 curie.

(3) Persons licensed or authorized to possess or use radioactive material which are not covered by any of the annual license fees described in WAC 246-254-070 through 246-254-100, shall pay fees as follows:

(a) An initial application fee of one thousand dollars;

(b) Billing at the rate of ninety dollars for each hour of direct staff time associated with issuing and maintaining the license and for the inspection of the license; and

(c) Any fees for additional services as described in WAC 246-254-120.

(d) The initial application fee will be considered a credit against billings for direct staff charges but is otherwise nonrefundable.

(4) Persons licensed or authorized to possess or use radioactive material in a facility for radioactive waste processing, including resource recovery, volume reduction, decontamination activities, or other waste treatment, but not permitting commercial on-site disposal, shall pay fees as follows:

(a) A nonrefundable initial application fee for a new license of sixteen thousand dollars which shall be credited to the applicant's quarterly billing described in (b) of this subsection; and

(b) Quarterly billings for actual direct and indirect costs incurred by the department including, but not limited to, license renewal, license amendments, compliance inspections, a resident inspector for time spent on the licensee's premises as deemed necessary by the department, laboratory and other support services, and travel costs associated with staff involved in the foregoing.

[Statutory Authority: RCW 43.70.250.      99-12-022, § 246-254-070, filed 5/24/99, effective 6/24/99.      Statutory Authority: RCW 43.70.110.      98-11-067, § 246-254-070, filed 5/19/98, effective 6/19/98.      Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW.      96-11-043, § 246-254-070, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-070, filed 5/25/95, effective 6/25/95; 94-11-011 § 246-254-070, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-070, filed 6/8/93, effective 7/9/93.      Statutory Authority: RCW 43.70.110.      91-22-027 (Order 208), § 246-254-070, filed 10/29/91, effective 11/29/91.]

(1) Persons licensed or authorized to possess or use radioactive material in the following medical or veterinary categories shall forward annual fees to the department as follows:

(a) ((Three)) Four thousand ((nine)) one hundred ((seventy)) dollars for operation of a mobile nuclear medicine program from a single base of operation.

(b) Two thousand ((eight)) nine hundred ninety((-five)) dollars for a license authorizing groups II and III of WAC 246-235-120 for diagnostic nuclear medicine at a single facility.

(c) Two thousand five hundred ((forty)) ninety dollars for a license authorizing groups IV and V of WAC 246-235-120 for medical therapy at a single facility.

(d) ((Three)) Four thousand ((nine)) one hundred ((ninety)) twenty dollars for a license authorizing groups II or III and groups IV or V of WAC 246-235-120 for full diagnostic and therapy services at a single facility.

(e) Two thousand ((one)) two hundred ((forty-five)) fifteen dollars for a license authorizing group VI of WAC 246-235-120 for brachytherapy at a single facility.

(f) One thousand three hundred ((thirty)) seventy dollars for a license authorizing brachytherapy or gamma stereotactic therapy or teletherapy at a single facility.

(g) Two thousand ((twenty)) eighty-five dollars for a license authorizing medical or veterinary possession of greater than two hundred millicuries total possession of radioactive material at a single facility.

(h) One thousand six hundred ((ten)) sixty dollars for a license authorizing medical or veterinary possession of greater than thirty millicuries but less than or equal to two hundred millicuries total possession of radioactive material at a single facility.

(i) One thousand ((one)) two hundred ((eighty-five)) twenty dollars for a license authorizing medical or veterinary possession of less than or equal to thirty millicuries total possession of radioactive material at a single facility.

(j) One thousand ((forty)) seventy-five dollars for a license authorizing group I as defined in WAC 246-235-120 or in vitro uses of radioactive material at a single facility.

(k) Six hundred ((fifty)) seventy-one dollars for a license authorizing medical or veterinary possession of a sealed source for diagnostic use at a single facility.

(2) Persons with licenses authorizing multiple locations of use shall increase the annual fee by fifty percent for each additional location or base of operation.

[Statutory Authority: RCW 43.70.250.      99-12-022, § 246-254-080, filed 5/24/99, effective 6/24/99.      Statutory Authority: RCW 43.70.110.      98-11-067, § 246-254-080, filed 5/19/98, effective 6/19/98.      Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW.      96-11-043, § 246-254-080, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-080, filed 5/25/95, effective 6/25/95; 94-11-011 § 246-254-080, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-080, filed 6/8/93, effective 7/9/93.      Statutory Authority: RCW 43.70.110.      91-22-027 (Order 208), § 246-254-080, filed 10/29/91, effective 11/29/91.]

(1) Persons licensed or authorized to possess or use radioactive material in the following industrial categories shall forward annual fees to the department as follows:

(a) Four thousand ((six)) eight hundred ((seventy-five)) thirty dollars for a license authorizing the use of radiographic exposure devices in one or more permanent radiographic vaults in a single facility.

(b) Six thousand ((two)) four hundred ((sixty-five)) seventy dollars for a license authorizing the use of radiographic exposure devices at temporary job sites but operating from a single storage facility.

(c) Three thousand one hundred seventy dollars for a license authorizing well-logging activities including the use of radioactive tracers operating from a single storage facility.

(d) Six hundred ((sixty-five)) eighty-seven dollars for a license authorizing possession of portable sealed sources including moisture/density gauges and excluding radiographic exposure devices operating from a single storage facility.

(e) Seven hundred ((thirty)) fifty-four dollars for a license authorizing possession of any nonportable sealed source, including special nuclear material and excluding radioactive material used in a gas chromatograph at a single facility.

(f) Four hundred ((sixty)) seventy-five dollars for a license authorizing possession of gas chromatograph units containing radioactive material at a single facility.

(g) One thousand ((two)) three hundred ((sixty-))five dollars for a license authorizing possession of any self-shielded or pool type irradiator with sealed source total quantity greater than one hundred curies at a single facility.

(h) Six thousand ((seven)) nine hundred twenty dollars for a license authorizing possession of sealed sources for a walk-in type irradiator at a single facility.

(i) ((Five)) Six thousand ((eight hundred thirty-five)) twenty-five dollars for a license authorizing possession of greater than one gram of unsealed special nuclear material or greater than five hundred kilograms of source material at a single facility.

(j) One thousand ((eight)) nine hundred ((seventy)) thirty dollars for a license authorizing possession of less than or equal to one gram of unsealed special nuclear material or five hundred kilograms of source material at a single facility.

(k) Three hundred nine dollars for a license authorizing possession of static elimination devices not covered by a general license.

(2) Persons with licenses authorizing multiple locations of permanent storage shall increase the annual fee by fifty percent for each additional location.

(3) Depleted uranium registrants required to file Form RHF-20 shall forward an annual fee of sixty-two dollars to the department.

[Statutory Authority: RCW 43.70.250.      99-12-022, § 246-254-090, filed 5/24/99, effective 6/24/99.      Statutory Authority: RCW 43.70.110.      98-11-067, § 246-254-090, filed 5/19/98, effective 6/19/98.      Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW.      96-11-043, § 246-254-090, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-090, filed 5/25/95, effective 6/25/95; 94-11-011 § 246-254-090, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-090, filed 6/8/93, effective 7/9/93.      Statutory Authority: RCW 43.70.110.      91-22-027 (Order 208), § 246-254-090, filed 10/29/91, effective 11/29/91.]

(1) Persons licensed or authorized to possess or use unsealed radioactive material in the following laboratory categories shall forward annual fees to the department as follows:

(a) Three thousand ((one)) three hundred ((ninety-five)) dollars for a license authorizing possession at a single facility of unsealed sources in amounts greater than:

(i) One millicurie of I-125 or I-131; or

(ii) One hundred millicuries of H-3 or C-14; or

(iii) Ten millicuries of any single isotope.

(b) One thousand ((five)) six hundred ((eighty)) thirty-five dollars for a license authorizing possession at a single facility of unsealed sources in amounts:

(i) Greater than 0.1 millicurie and less than or equal to one millicurie of I-125 or I-131; or

(ii) Greater than ten millicuries and less than or equal to one hundred millicuries of H-3 or C-14; or

(iii) Greater than one millicurie and less than or equal to ten millicuries of any single isotope.

(c) One thousand three hundred ((thirty)) seventy dollars for a license authorizing possession at a single facility of unsealed sources in amounts:

(i) Greater than 0.01 millicurie and less than or equal to 0.1 millicurie of I-125 or I-131; or

(ii) Greater than one millicurie and less than or equal to ten millicuries of H-3 or C-14; or

(iii) Greater than 0.1 millicurie and less than or equal to one millicurie of any other single isotope.

(d) Four hundred ((sixty)) seventy-five dollars for a license authorizing possession at a single facility of unsealed or sealed sources in amounts:

(i) Less than or equal to 0.01 millicurie of I-125 or I-131; or

(ii) Less than or equal to one millicurie of H-3 or C-14; or

(iii) Less than or equal to 0.1 millicurie of any other single isotope.

(e) Six hundred ((fifteen)) thirty-five dollars for a license authorizing possession at a single facility of large quantities of naturally occurring radioactive material in total concentration not exceeding 0.002 microcurie per gram.

(2) Persons with licenses authorizing multiple locations of use shall increase the annual fee by fifty percent for each additional location.

(3) Persons registered to perform in vitro testing pursuant to Form RHF-15 shall forward an annual fee of sixty-two dollars to the department.

[Statutory Authority: RCW 43.70.250.      99-12-022, § 246-254-100, filed 5/24/99, effective 6/24/99.      Statutory Authority: RCW 43.70.110.      98-11-067, § 246-254-100, filed 5/19/98, effective 6/19/98.      Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW.      96-11-043, § 246-254-100, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-100, filed 5/25/95, effective 6/25/95; 94-11-011 § 246-254-100, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-100, filed 6/8/93, effective 7/9/93.      Statutory Authority: RCW 43.70.110.      91-22-027 (Order 208), § 246-254-100, filed 10/29/91, effective 11/29/91.]

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