WSR 10-11-118

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed May 18, 2010, 5:22 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Chapter 246-272 WAC, Wastewater fees.

Hearing Location(s): Department of Health, Point Plaza East, Room 152/153, 310 Israel Road N.E., Tumwater, WA 98501, on July 1, 2010, at 2:00 p.m.

Date of Intended Adoption: July 1, 2010.

Submit Written Comments to: Brandy Brush, 111 Israel Road S.E., P.O. Box 47824, Olympia, WA 98504-7824, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2257, by July 1, 2010.

Assistance for Persons with Disabilities: Contact Brandy Brush by June 24, 2010, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules establish a new fee for on-site sewage system tank application and plan review and consolidate wastewater and reclaimed water use fees into a single retitled chapter 246-272 WAC, Wastewater and reclaimed water use fees, consolidates fees from four chapters to one, and eliminates unused fees.

Reasons Supporting Proposal: This new fee proposal supports the wastewater program so that the department can continue to implement the public health and safety requirements of chapter 246-272C WAC. SB 6444 (chapter 37, Laws of 2010) provides authorization for the department of health to create fees in fiscal year 2011 for sewage tank application and plan review. The proposed consolidation of fees and elimination of unused fees improves clarity and usability of the rules.

Statutory Authority for Adoption: RCW 43.70.110, 43.70.250 and 43.20B.020, SB 6444 (chapter 37, Laws of 2010).

Statute Being Implemented: RCW 43.70.110, 43.70.250 and 43.20B.020, SB 6444 (chapter 37, Laws of 2010).

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: Brandy Brush, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-3342; Implementation and Enforcement: Stuart Glasoe, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-3246.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(f), a small business economic impact statement is not required for proposed rules that set or adjust fees or rates pursuant to legislative standards.

A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.

May 18, 2010

Mary C. Selecky

Secretary

OTS-3071.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 246-271-990 Fees.

OTS-3072.6

Chapter 246-272 WAC

((ON-SITE SEWAGE SYSTEMS)) WASTEWATER AND RECLAIMED WATER USE FEES


NEW SECTION
WAC 246-272-1000   Public sewage fees.   This section establishes fees for public sewage as regulated under chapter 246-271 WAC.

(1) The minimum fee for required review of land application of raw sewage or treatment plant effluent shall be two hundred dollars. If review time exceeds four hours, fifty dollars for each additional hour or part of an hour shall be added to the minimum fee.

(2) The minimum fee for required review of comprehensive sewer plans shall be two hundred dollars. If review time exceeds four hours, fifty dollars for each additional hour or part of an hour shall be added to the minimum fee.

[]


NEW SECTION
WAC 246-272-2000   On-site sewage system fees.   This section establishes fees for on-site sewage systems as regulated under chapter 246-272A WAC.

(1) Fees for proprietary product registration are as follows:


Category Base Fee Hourly Fee
Treatment or distribution product registration initial application $400.00 $100.00 per hour if the application requires more than four hours of review time
Annual registration renewal $100.00

(2) The base fee is required at the time of application. Any hourly fees for additional review time must be paid in full before the product will be registered.

[]


NEW SECTION
WAC 246-272-3000   Large on-site sewage system fees.   This section establishes fees for large on-site sewage systems (LOSS) as regulated under chapter 246-272B WAC.

(1) The following fees apply to LOSS review and inspection.

(a) The owner shall pay a nonrefundable base project review fee of eight hundred dollars at the time the project is submitted. The nonrefundable fee covers up to eight hours of review time.

(b) The owner shall pay one hundred dollars per hour for additional review time over eight hours for new construction LOSS.

(c) The owner shall pay one hundred dollars per hour for LOSS review not included in (a) or (b) of this subsection.

(d) The owner shall pay a flat rate of five hundred dollars for each presite and final inspection.

(2) The owner shall pay all outstanding fees before any department approval is granted.

(3) Operating permit fees consist of a base fee for each LOSS plus a LOSS volume fee as shown below.


Category Base Fee LOSS Volume Fee
Operating permit and annual renewal $150.00 $.01 for each gallon of approved daily design flow

(4) For initial operating permits, the owner shall pay the operating permit fee at the time the application is submitted to the department.

(5) For renewal of operating permits, the owner shall pay the operating permit fee at the time the renewal application is submitted to the department.

[]


NEW SECTION
WAC 246-272-4000   On-site sewage system tanks fees.   This section establishes fees for on-site sewage system tanks as regulated under chapter 246-272C WAC.

(1) Fees for review and approval of design and construction plans for a prefabricated or cast-in-place on-site sewage system tank are as follows:


Category Base Fee Hourly Fee
Review and approval. $408.00 $102.00 per hour if the application requires more than four hours of review time.

(2) The base fee is required at the time of application.

(3) All hourly fees for additional review time must be paid in full before any department approval is granted.

[]


NEW SECTION
WAC 246-272-5000   Reclaimed water use fees.   The fees for review and inspection of reclaimed water use projects will be calculated based on a rate of one hundred two dollars per hour.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 246-272-990 Fees.

OTS-3073.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 246-272A-990 Fees.

OTS-3074.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 246-272B-990 Fees.

OTS-3075.1


AMENDATORY SECTION(Amending WSR 07-14-128, filed 7/3/07, effective 8/3/07)

WAC 246-290-990   Water system evaluation and project review and approval fees.   (1) The fees for the review and approval of water system plans, project reports, construction documents, existing systems, and related evaluations required under chapters 246-290, 246-291, 246-293, 246-294, and 246-295 WAC are:

(a) Water system plans required under WAC 246-290-100, 246-290-105, 246-291-140, 246-293-220, and 246-293-230.


覧覧覧覧覧覧覧 Group A 覧覧覧覧覧覧
Project Type Group B <100

Services

100 to 500

Services

501 to 999

Services

1,000 to

9,999

Services

10,000

or more

Services

Water system plan (New and Updated) $138 $491 $1,206 $2,280 $3,705 $5,484
Minor water system plan alteration $31 $115 $293 $565 $919 $1,349

(b) Satellite management agency (SMA) plans for Group A and Group B water systems required under WAC 246-295-040.


覧覧 Total Active or Approved Services 覧覧
Project Type

<100

Services

100 to 500

Services

501 to 999

Services

1,000 to

9,999

Services

10,000

or more

Services

SMA plan for ownership (New and Updated) $491 $1,206 $2,280 $3,705 $5,484
SMA approval amendment $102 per hour or appropriate fee from category above, whichever is less
SMA plan for operation only (New and Updated) $1,206 $1,206 $1,206 $1,206 $1,206

Note:
SMAs owning water systems and submitting planning documents to the department for review shall be charged only the SMA fee.

(c) New plan elements required under WAC 246-290-100, 246-290-105, 246-290-125, 246-290-132, 246-290-135, 246-290-691, and 246-291-140 including:

(i) Water use efficiency; and

(ii) Wellhead protection, shall be reviewed separately by the department and the fee assessed shall reflect the time spent for this review and shall be calculated based on one hundred two dollars per hour. After the initial submittal, updated information shall be reviewed as part of the updated water system plan and the review fee shall be included in the applicable updated plan review fee listed under (a) or (b) of this subsection.

(d) Project reports required under WAC 246-290-110 and design reports required under WAC 246-291-120.


覧覧覧覧覧覧覧 Group A 覧覧覧覧覧覧
Project Type Group B <100

Services

100 to 500

Services

501 to 999

Services

1,000 to

9,999

Services

10,000

or more

Services

All types of filtration or other complex treatment processes $348 $710 $1,103 $1,598 $2,204 $2,922
Chemical addition only, such as ion exchange, hypochlorination, or fluoridation $102 $205 $348 $525 $743 $994
Complete water system (an additional fee shall be assessed for review of treatment facility, if any) $205 $491 $778 $1,137 $1,564 $2,061
System modifications requiring a detailed evaluation to determine whether the system, as modified, will comply with regulations (an additional fee shall be assessed for review of treatment facility, if any) $138 $348 $565 $851 $1, 206 $1,626

Note: In accordance with WAC 246-290-125, project reports are not required for minor projects that are described in sufficient detail in an approved water system plan, and have been reviewed as part of the process for approving the water system plan.

(e) Special reports or plans required under WAC 246-290-230, 246-290-235, 246-290-250, 246-290-470, 246-290-636, 246-290-640, 246-290-654, 246-290-676, 246-291-230 including:

(i) Corrosion control recommendation report;

(ii) Corrosion control study;

(iii) Plan to cover uncovered reservoirs;

(iv) Predesign study;

(v) Uncovered reservoir plan of operation;

(vi) Tracer study plan;

(vii) Surface water or GWI treatment facility operations plan;

(viii) Filtration pilot study; or

(ix) GWI determination reports, shall be reviewed by the department and the fee assessed shall reflect the time spent for this review and shall be calculated based on one hundred two dollars per hour.

(f) Construction documents required under WAC 246-290-120 and design reports required under WAC 246-291-120.


覧覧覧覧覧覧覧 Group A 覧覧覧覧覧覧
Project Type Group B <100

Services

100 to 500

Services

501 to 999

Services

1,000 to

9,999

Services

10,000

or more

Services

All types of filtration or other complex treatment processes $348 $710 $1,103 $1,598 $2,204 $2,922
Chemical addition only, such as ion exchange, hypochlorination, or fluoridation $102 $205 $348 $525 $743 $994
Complete new water system except treatment (an additional fee shall be assessed for review of treatment facility, if any) $281 $633 $919 $1,279 $1,709 $2,204
New source only (an additional fee shall be assessed for review of treatment facility, if any) $205

$382

$525 $710 $919 $1,172
One or more of the following submitted as a package and not requiring a detailed evaluation as determined by the department: Water line installation, booster pump station, modifications to source pumping, piping-valving, controls or storage reservoir (an additional fee shall be assessed for review of treatment facility, if any) $138 $241 $382 $565 $778 $1,027
Documents submitted for projects such as water line installation, booster pump stations, modifications to source pumping, piping/valving, controls or storage reservoirs as determined by the department where such projects:
Comply with design standards established by the department;
Are prepared by a professional engineer in accordance with WAC 246-290-040; and
Do not require a detailed evaluation by the department. $64 $118 $198 $281 $389 $512

(g) Existing system approval required under WAC 246-290-140 and 246-291-130. For the purpose of this subsection the department shall determine whether a system is expanding or nonexpanding.


覧覧覧覧覧覧覧覧 Group A 覧覧覧覧覧覧
Project Type

Group B

<100

Services

100 to 500

Services

501 to 999

Services

1,000 to

9,999

Services

10,000

or more

Services

NONEXPANDING system not requiring a detailed evaluation by the department $268 $539 $811 $1,083 $1,355 $1,626
NONEXPANDING system requiring a detailed evaluation as determined by the department $404 $811 $1,229 $1,626 $2,034

$2,441

EXPANDING system not requiring a detailed evaluation by the department $539 $1,083 $1,626 $2,169 $2,714 $3,256
EXPANDING system requiring a detailed evaluation as determined by the department $676 $1,355 $2,034 $2,714 $3,391 $4,072

(h) Monitoring waivers requested under WAC 246-290-300.

覧覧覧覧覧覧覧覧 Group A 覧覧覧覧覧覧覧
Project Type Group B <100

Services

100 to 500

Services

501 to 999

Services

1,000 to

9,999

Services

10,000

or more

Services

Inorganic chemical monitoring waiver Not

applicable

$88

per

source

$123

per

source

$155 per

source

$188 per

source

$221 per

source

Organic chemical monitoring waiver Not

applicable

$161

per

source

$226

per

source

$294

per

source

$359

per

source

$425

per

source

Use waiver Not

applicable

$193

per

source

$260

per

source

$334

per

source

$392

per

source

$459

per

source

Area wide waiver renewal Not

applicable

$193

per

source

$240

per

source

$287

per

source

$334

per

source

$369

per

source

Inorganic chemical monitoring waiver renewal Not

applicable

$48

per

source

$62

per

source

$75

per

source

$88

per

source

$102

per

source

Organic chemical monitoring waiver renewal Not

applicable

$95

per

source

$135

per

source

$176

per

source

$215

per

source

$254

per

source

Use waiver renewal Not

applicable

$135

per

source

$181

per

source

$226

per

source

$273

per

source

$320

per

source

Coliform monitoring waiver including departmental inspection requested by purveyor Not

applicable

$414 $512 $652 $830 Not

applicable

Coliform monitoring waiver with third-party inspection report Not

applicable

$128 $128 $128 $128 Not

applicable


(i) Other evaluations and approvals. As applicable, these fees will be charged in addition to the basic fees assessed under (a) through (h) of this subsection.


覧覧覧覧覧覧覧 Group A覧覧覧覧覧覧覧
Project Type Group B <100

Services

100 to 500

Services

501 to 999

Services

1,000 to

9,999

Services

10,000

or more

Services

Well-site evaluation and approval including the site inspection and hydrogeologic information review. $205 $309 $363 $451 $565 $710
Regulatory monitoring plan1
No plan

required

$198 $268 $337 $404 $471
Unfiltered system annual comprehensive report Not

applicable

$404 $676 $947 $1,218 $1,489
1 A comprehensive document containing coliform, inorganic chemical and organic chemical monitoring plans in accordance with WAC 246-290-300.
Water system compliance report $115 $115 $115 $115 $115 $115

(2) To determine the appropriate fee for a noncommunity system, calculate the service equivalent by taking the average population served each day of operation and dividing by twenty-five for a transient noncommunity (TNC) system and two and one-half for nontransient noncommunity (NTNC) system. Use the number of service equivalents to find out what Group A size category to look under and submit the appropriate fee. (All noncommunity systems are Group A systems as described in WAC 246-290-020.)

(3) Additional review and approval fees may be assessed as follows:

(a) The basic fee covers an evaluation, or the review of an initial submittal and one resubmittal if required. If additional resubmittals are required, an additional twenty-five percent of the original fee will be assessed for each additional resubmittal. For water system plan and SMA plan preparation the basic fee also covers a preplanning conference;

(b) Fees for department project approval based on local technical review will be determined on a case-by-case basis as outlined in the applicable memorandum of understanding between the department and the respective local agency;

(c) Fees may be assessed for services which the department determines are not described under subsection (1) of this section. If assessed, the fees will be calculated based on a rate of one hundred two dollars per hour.

Examples of these services include, but are not limited to:

(i) ((Review and inspection of water reuse projects;

(ii))) Collection of water quality samples requested by purveyor;

(((iii))) (ii) Review of alternate technologies requested by purveyor, manufacturer or authorized representative;

(((iv))) (iii) Sanitary surveys, including the time spent as part of the annual on-site inspections for systems under WAC 246-290-690(3) that is in addition to the time necessary to assess watershed control and disinfection treatment;

(((v))) (iv) Well field designations; or

(((vi))) (v) Transfers of ownership under WAC 246-290-035 or 246-294-060.

(d) Additional fees assessed by the department shall be billed to the purveyor using an itemized invoice.

(4) If the legislature revises the water system operating permit fee under RCW 70.119A.110 to incorporate into it one or more fees for service currently assessed separately under this section, and the purveyor has paid that consolidated fee, the department shall not assess or collect a separate fee under this section for any such service.

(5) All fees required under this section except as noted in subsection (3) of this section, shall be submitted prior to the department's approval. Payment of fees shall be in the form of a check or money order made payable to: The Department of Health, P.O. Box 1099, Olympia, Washington 98507-1099. Payment of a fee shall not guarantee approval of the submitted document or evaluation request.

(6) Purveyors unable to determine the appropriate fee payment to submit should contact the department.

[Statutory Authority: RCW 43.70.250 and 43.20B.020. 07-14-128, ァ 246-290-990, filed 7/3/07, effective 8/3/07. Statutory Authority: RCW 70.119A.180. 07-02-025B, ァ 246-290-990, filed 12/22/06, effective 1/22/07. Statutory Authority: RCW 43.70.250 and 70.119.160. 04-12-123, ァ 246-290-990, filed 6/2/04, effective 7/3/04. Statutory Authority: RCW 43.70.250, 43.20B.020, and 70.119.160. 03-13-028, ァ 246-290-990, filed 6/10/03, effective 7/11/03. Statutory Authority: RCW 43.70.250 and 70.119.160. 02-01-065, ァ 246-290-990, filed 12/14/01, effective 1/14/02. Statutory Authority: RCW 43.70.250. 00-02-015, ァ 246-290-990, filed 12/27/99, effective 1/27/00; 99-12-022, ァ 246-290-990, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.20B.020. 98-11-068, ァ 246-290-990, filed 5/19/98, effective 6/19/98; 97-12-032, ァ 246-290-990, filed 5/30/97, effective 6/30/97; 95-20-079, ァ 246-290-990, filed 10/4/95, effective 11/4/95; 93-01-006 (Order 315), ァ 246-290-990, filed 12/3/92, effective 1/3/93. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as ァ 246-290-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20A.055. 87-14-066 (Order 2493), ァ 440-44-048, filed 7/1/87; 83-14-038 (Order 1980), ァ 440-44-048, filed 6/30/83.]

ゥ Washington State Code Reviser's Office