WSR 05-13-113

EXPEDITED RULES

DEPARTMENT OF ECOLOGY


[ Order 05-11 -- Filed June 17, 2005, 4:17 p.m. ]

Title of Rule and Other Identifying Information: WAC 173-175-755 Periodic inspection fees and 173-175-765 Fee schedule.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Jerry Thielen, Agency Rules Coordinator, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600 , AND RECEIVED BY August 23, 2005.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The 2005 legislature passed ESHB 2309. This bill requires ecology to modify some fees the Ecology Dam Safety Office charges for periodic safety inspections of dams less than twenty years old. Ecology must amend WAC 173-175-755 and 173-175-765 so they do not conflict with law. The proposed rule creates a sliding fee scale the agency charges for periodic safety inspections of dams, based upon the age of the dam. The fee for dam inspections will be eliminated for projects less than ten years old. The fee for dams between eleven and twenty years old will be $250 per year, plus an annual fiscal growth factor, for both high and significant hazard dams. Dams more than twenty years old will pay the existing fees of $688 for high hazard dams or $250 for significant hazard dams.

Reasons Supporting Proposal: Legislative action requires changes in the rules that set the scale for fees charged for dam inspections. We are merely changing the rule to not contradict the law.

Statutory Authority for Adoption: RCW 43.21A.064, 43.21A.080, 86.16.061, and 90.03.350.

Statute Being Implemented: RCW 90.03.470 and chapter 412, Laws of 2005.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of Ecology, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Doug Johnson, 300 Desmond Drive, Lacey, WA, (360) 407-6623.

June 13, 2005

Polly Zehm

Deputy Director

OTS-8144.1


AMENDATORY SECTION(Amending Order 03-08, filed 8/4/04, effective 9/4/04)

WAC 173-175-755   Periodic inspection fees.   The department is required by RCW 90.03.470(8) to collect in advance a fee based on the actual cost, including the expense incident thereto, of the inspection of any dam to insure safety to life and property. Fee amounts contained in this section represent the department's true estimate of the cost of performing periodic dam safety inspections as described in WAC 173-175-705, and reflect the department's commitment to fully recover all eligible expenses.

[Statutory Authority: RCW 43.21A.064, 43.21A.080, 86.16.061, 90.03.350 and [90.03].470. 04-16-122 (Order 03-08), 173-175-755, filed 8/4/04, effective 9/4/04.]


AMENDATORY SECTION(Amending Order 03-08, filed 8/4/04, effective 9/4/04)

WAC 173-175-765   Periodic inspection fee schedule.   (1) The inspection fee amounts are based on the downstream hazard classification of the dam, as determined by the department, and incorporate the fiscal growth factor calculated under chapter 43.135 RCW. The inspection fees for each five-year inspection are prorated on an annual basis.

(a) Equation 1 below is used to calculate the annual inspection fees.


Annual Inspection Fee = (COSTFGF) (Cycle) Equation 1

Where:

(i) Cycle = number of years between inspections, with five years being the minimum.

(ii) FGF = an annual fiscal growth factor expressed as a percentage, as determined under chapter 43.135 RCW.

(iii) COSTFGF = cost of inspection in dollars including a fiscal growth factor. The cost is obtained by multiplying the inspection cost in the preceding year by the current year's fiscal growth factor as follows:


COSTFGF = Previous year's cost x [1 + (FGF)] Equation 2

(b) For implementation of the fiscal growth factor, the base year for dam inspection fees will be fiscal year 2004, ending June 30, 2004. In the base year, the FGF will be zero.

(c) The cost for an inspection by the department in the base year will be as follows:

(i) $3440.00 for dams with high downstream hazard classifications, with a prorated annual fee of $688.00 for a five-year inspection cycle.

(ii) $2500.00 for dams with significant downstream hazard classifications, with a prorated annual fee of $500.00 if a five-year inspection cycle is implemented, or $250.00 if a ten-year inspection cycle is implemented.

(2) Exceptions to periodic inspection fee schedule.

(a) For any hydraulic works less than ten years old, that the department examined and approved the construction plans and specifications as to its safety when required under RCW 90.03.350, there shall be no fee charged; or

(b) For any hydraulic works more than ten years old, but less than twenty years old, that the department examined and approved the construction plans and specifications as to its safety when required under RCW 90.03.350, the fee charged shall equal the fee for a significant hazard dam.

(3) Inspection fee for impoundments with multiple dams. For reservoirs or impoundments with a main dam and one or more saddle dams, a single annual inspection fee will be charged for the facility. The dam with the highest downstream hazard rating will be used for fee computation.

(((3))) (4) Inspection fee for multicell impoundments. For multicell impoundments, such as wastewater lagoons, where two or more cells are located side-by-side or share a common embankment, a single annual inspection fee will be charged for the facility. The cell with the highest downstream hazard classification will be used for fee computation.

(((4))) (5) Inspection fee for nonroutine inspections. For nonroutine inspections as described in WAC 173-175-725, no fees will be charged to the dam owner.

(((5))) (6) Inspection fee for inspections at public request. For inspections done at public request, as described in WAC 173-175-735, no fees will be charged to the dam owner.

[Statutory Authority: RCW 43.21A.064, 43.21A.080, 86.16.061, 90.03.350 and [90.03].470. 04-16-122 (Order 03-08), 173-175-765, filed 8/4/04, effective 9/4/04.]

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office