Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule and Other Identifying Information: WAC 246-292-160 Water works operator certification fees.

     Hearing Location(s): Department of Health, Point Plaza East, Conference Room, 310 Israel Road S.E., Tumwater, WA 98501, on October 25, 2005, at 1:00 p.m.

     Date of Intended Adoption: November 22, 2005.

     Submit Written Comments to: Theresa Phillips, P.O. Box 47822, Olympia, WA 98504-7822, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2253, by October 25, 2005.

     Assistance for Persons with Disabilities: Contact Theresa Phillips by October 18, 2005, TTY (800) 833-6388 or (360) 236-3147.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule revises the fee schedule to increase fees for water works operator certification fees. During the 2005 legislative session, the legislature authorized the department to increase fees beyond the fiscal growth factor in ESSB 6090 (chapter 518, Laws of 2005). The fee increases for operators range from $11 to $19 for application fees, an increase of $9 for reapplication and renewal fees, and a $8 increase for late fees. The fee increases for water systems vary from an increase of $29 for water systems with up to 600 services to an increase of $180 for water systems with more than 20,000 services.

     Reasons Supporting Proposal: Fee adjustments are necessary to guarantee sufficient revenue to fulfill the department's public health protection obligations, and to meet the requirements of RCW 70.119.160 and 43.20.250, with fees that fully cover program costs. This fee increase will allow the department to maintain its current level of program activities and services.

     Statutory Authority for Adoption: RCW 70.119.160.

     Statute Being Implemented: RCW 43.70.250.

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

     Name of Proponent: Department of Health, governmental.

     Name of Agency Personnel Responsible for Drafting: Theresa Phillips, Tumwater, (360) 236-3147; Implementation and Enforcement: Richard Sarver, Tumwater, (360) 236-3093.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), rules that set or adjust fees pursuant to legislative standards are exempt from the requirements of the Regulatory Fairness Act.

     A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 34.05.328 (5)(b)(vi) rules that set or adjust fees pursuant to legislative standards are exempt from the cost benefit analysis.

September 14, 2005

Mary C. Selecky

Secretary

OTS-8279.3

AMENDATORY SECTION(Amending WSR 04-12-123, filed 6/2/04, effective 7/3/04)

WAC 246-292-160   Water works certification fees.   (1) Operator fees:

     (a) Applicable fees are listed in Table 2 of this section;

Table 2
WATER WORKS OPERATOR FEES

OPERATOR CLASSIFICATION	APPLICATION FEE	REAPPLICATION FEE	ANNUAL RENEWAL FEE	LATE FEE
WTPO	$((68.00)) 87.00	$((33.00)) 42.00	$((33.00*)) 42.00*	$((27.00**)) 35.00**
WDM	$((68.00)) 87.00	$((33.00)) 42.00	$((33.00*)) 42.00*	$((27.00**)) 35.00**
WDS	$((68.00)) 87.00	$((33.00)) 42.00	$((33.00*)) 42.00*	$((27.00**)) 35.00**
CCS	$((40.00)) 51.00	$((33.00)) 42.00	$((33.00*)) 42.00*	$((27.00**)) 35.00**
BAT	$((40.00)) 51.00	$((33.00)) 42.00	$((33.00)) 42.00*	$((27.00)) 35.00
BTO	$((40.00)) 51.00	$((33.00)) 42.00	$((33.00)) 42.00*	$((27.00)) 35.00

*	The annual renewal fee for a WTPO,WDM,WDS and CCS certification is ((thirty-three)) thirty-five dollars regardless of the number of classifications held.

**	The annual late fee for a WTPO, WDM, WDS, and CCS certification is ((twenty-seven)) thirty-five dollars regardless of the number of classifications held.

     (b) The department will assess a late fee ((shall be assessed)) to operators ((failing)) who fail to submit the required fee within the time period specified on the renewal form; and

     (c) The fee for application for reciprocity is one hundred ((thirty-eight)) seventy-seven dollars per classification.

     (2) Group A system fees:

     (a) Applicable fees are listed as indicated in

Table 3 of this section.

Table 3
ANNUAL SYSTEM CERTIFICATION FEES

SYSTEM SIZE* (Number of Equivalent Services)	SYSTEM FEE
Less than 601 Services	$((103.00)) 132.00
601 through 6,000 Services	$((313.00)) 403.00
6,001 through 20,000 Services	$((417.00)) 536.00
More than 20,000 Services	$((629.00)) 809.00

*	Systems designated by the department as approved satellite management agencies (SMAs) shall pay a fee based on total services in all systems owned by the SMA.

     (b) A Group A system must pay the fee((s shall be paid)) in Table 3 in conjunction with the system's annual operating permit fee required in chapter 246-294 WAC.

     (c) The department will assess a late fee ((shall be assessed)) against any system ((for failing)) that fails to submit ((the applicable)) its fees to the department within the designated time period. The late fee ((shall be)) is based on the water system's classification and ((shall be an additional)) is equal to ten percent of the ((applicable)) system fee in Table 3 or ((twenty-seven)) thirty-five dollars, whichever is greater.

     (d) The system fee for issuance of a temporary certification shall be ((sixty-eight)) eighty-seven dollars for each temporary position.

     (3) Fees are nonrefundable and transfers of fees are not allowable.

     (4) ((Payment of)) Fees required under this chapter ((shall be in the form of a)) must be paid by check or money order made payable to the department of health and ((shall be)) mailed to the department ((of Health,)) at P.O. Box 1099, Olympia, Washington 98507-1099.

[Statutory Authority: RCW 43.70.250 and 70.119.160. 04-12-123, § 246-292-160, filed 6/2/04, effective 7/3/04. Statutory Authority: RCW 43.70.250, 43.20B.020, and 70.119.160. 03-13-028, § 246-292-160, filed 6/10/03, effective 7/11/03. Statutory Authority: RCW 43.70.250 and 70.119.160. 02-01-065, § 246-292-160, filed 12/14/01, effective 1/14/02. Statutory Authority: Chapter 70.119 RCW and Safe Drinking Water Act, Public Law 104-182; 64 F.R. 5916 - 5921. 01-02-070, § 246-292-160, filed 12/29/00, effective 1/29/01. Statutory Authority: RCW 43.70.250. 00-02-015, § 246-292-160, filed 12/27/99, effective 1/27/00; 99-12-022, § 246-292-160, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.20B.020. 98-12-015, § 246-292-160, filed 5/22/98, effective 6/22/98. Statutory Authority: Chapter 70.119 RCW. 94-04-004, § 246-292-160, filed 1/20/94, effective 2/20/94.]