WSR 15-12-114

PREPROPOSAL STATEMENT OF INQUIRY

[Order 15-02—Filed June 3, 2015, 9:59 a.m.]

Subject of Possible Rule Making: Amend chapter 173-224 WAC, Wastewater discharge permit fees.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 90.48.465, water pollution control.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 90.48.465, water pollution control, requires ecology to establish by rule, annual fees that will fund the wastewater and stormwater permit programs. Ecology adopted chapter 173-224 WAC, Wastewater discharge permit fees, in response to this law.

This rule amendment allows continued recovery of ecology's expenses in operating and managing the permit programs. Ecology is proposing to increase fees to match the revenue needed to run the programs if passed by the 2015 Washington state legislature (anticipated as 4.22 percent for state fiscal year 2016, and 4.19 percent by state fiscal year 2017). Ecology is proposing to add the following new fee categories: Bridge washing and in-water vessel deconstruction. Ecology proposes to restructure the existing winery fee category.

The changes ecology is looking at making need to continue moving the program toward payment equity between permit categories.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Amend an existing rule. Hold public hearings simultaneously with video conferencing from four different locations around the state. Directly notify all permit holders and interested parties via postal mailing and/or e-mail of the potential rule changes. Information will be posted on ecology's listserve and on the Permit Fee Rulemaking Web Page located at http://www.ecy.wa.gov/programs/wq/ruledev/wac173224/1502ov.html.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Bev Poston, Fee Administrator, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, Bev.poston@ecy.wa.gov, work phone (360) 407-6425, or fax (360) 407-7151.

June 2, 2015

Heather R. Bartlett

Water Quality Program Manager