WSR 06-16-022

PERMANENT RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[ Filed July 24, 2006, 3:07 p.m. , effective August 24, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Revision of SCAPCA Regulation I, Article X, Section 10.09 - Asbestos fees - to achieve full cost recovery for SCAPCA's comprehensive asbestos program.

Citation of Existing Rules Affected by this Order: Amending SCAPCA Regulation I, Article X, Section 10.09 - Asbestos fees.

Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380(2).

Adopted under notice filed as WSR 06-11-129 on May 22, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 13, 2006.

Matt Holmquist

for Brenda Smits

Air Quality Specialist

AMENDATORY SECTION

REGULATION I, ARTICLE X, SECTION 10.09 - ASBESTOS FEES


ARTICLE X


SECTION 10.09 ASBESTOS FEES


Written notification, as required in Article IX, Section 9.04, shall be accompanied by the appropriate nonrefundable fee according to Section 10.09.A.


A Notification Period and Fees

Project Size or Type Notification Period Fee
Owner-Occupied,

Single-Family Residence Asbestos Project (excluding demolition)

Notification

Not Required

None

None

Owner-Occupied,

Single-Family Residence Demolition

All Prior Notice

$((25))

30

All Other Demolitions

with no asbestos project

All 10 Days $((150))

250

Asbestos Project

includes

demolition fee*

10-259 linear ft

48-159 square ft

3 Days $((150))

250

Asbestos Project

includes

demolition fee

260-999 linear ft

160-4,999 square ft

10 Days $((300))

500

((Asbestos

Project

includes

demolition fee))

((1,000-9,999 linear ft))

((5,000-49,999 square ft))

((10 Days)) (($750))
Asbestos Project

includes

demolition fee

((>10,000)) ≥1,000 linear ft

((>50,000)) ≥5,000 square ft

10 Days $((1,500))

1,250

Emergency 9.04.C Prior

Notice**

Additional

fee equal to project fee

Amendment*** 9.04.B Prior Notice $((50)) 0
Alternate Means

of Compliance

(demolitions or friable asbestos-containing material)

9.07.A or C 10 Days Additional fee equal to project fee
Alternate Means

of Compliance

(non-friable asbestos-containing material)

9.07.B 10 Days Additional fee equal to project fee
Exception for Hazardous Conditions 9.05.B Concurrent

with Project

Regular Project Fee
Annual 9.04.A.8 Prior Notice $1,000

* Demolitions with asbestos projects involving less than 10 linear feet or less than 48 square feet may submit an asbestos project notification under this project category and will be eligible for the 3-day notification period.
** Except in the case where advance notice is not required pursuant to Section 9.04.C.2.
*** For an amendment where the project type or job size category is associated with a higher fee, a fee equal to the difference between the fee associated with the most recently submitted notification and the fee associated with the increased project type or job size category shall be submitted in addition to the (($50)) amendment fee.

B. The Control Officer may waive the asbestos project fee and notification period, by written authorization, for disposal of unused and intact or abandoned (without the knowledge or consent of the property owner) asbestos-containing materials. All other asbestos project and demolition requirements remain in effect.

C. Where a compliance investigation is conducted pursuant to Section 9.04 of this Regulation, the compliance investigation fee shall be equal to $50 per hour of compliance investigation.

D. The asbestos project fee in Section 10.09.a is waived for any demolition performed in accordance with RCW 52.12.150(6), where the good faith inspection is an asbestos survey, as defined in Section 9.02.G, performed by an AHERA Building Inspector, as defined in Section 9.02.A.

E. Fees shall be paid without regard to whether the request(s) associated with this Section are approved or denied.

Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office