WSR 09-22-058

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

NATURAL RESOURCES

[ Filed October 30, 2009, 1:57 p.m. ]

Subject of Possible Rule Making: The department of natural resources (DNR) is considering revisions to WAC 332-30-166 regarding open water disposal of dredge materials on state-owned aquatic lands.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 79.105.500, 789.105.510 [79.105.510], 79.105.520.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 1980 DNR promulgated WAC 332-30-166 establishing open water disposal sites and established a dedicated account for fees to cover associated management costs. The rule was revised in 1994 to update the disposal fees charged. Since then costs associated with managing dredge material disposal sites have increased. DNR intends to evaluate the fee schedule and alternatives for covering site management costs. DNR also intends to incorporate tasks and procedures related to application, site disposal criteria, and related management considerations.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Local: County and city governments, DNR will mail the draft rule language and solicit comments.

State: Washington department of fish and wildlife, Washington department of ecology.

Federal: United States Army Corps of Engineers, United States Fish and Wildlife, Environmental Protection Agency (EPA), DNR will coordinate through the dredge disposal management program's monthly interagency meetings.

Process for Developing New Rule: Full rule-making process. The department intends to follow a community relations approach to revising WAC 332-30-166. Opportunities for public participation will be offered (1) at public meetings prior to developing the actual rule language and filing a CR-102 Notice of proposed rule making, (2) as part of the State Environmental Policy Act (SEPA) review process, and (3) formal public hearings held across the state. Department officials will present the purpose and context for rule revisions at each instance.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Questions, comments, and suggestions may be sent to Washington Department of Natural Resources, Aquatic Resources Division, Attn: Lisa M. Randlette, P.O. Box 47027, Olympia, WA 98504-7027, phone (360) 902-1100, fax (360) 902-1786, e-mail ARD@dnr.wa.gov. Information will also be posted at http://www.dnr.wa.gov.

October 27, 2009

Bridget Moran

Deputy Supervisor

Aquatics and Agency Resources

Washington State Code Reviser's Office