DEPARTMENT OF HEALTH
[Filed January 15, 2020, 1:27 p.m.]
Title of Rule and Other Identifying Information: WAC 246-272-3000 Large on-site sewage system fees. Increasing existing fees and proposing new fees.
Hearing Location(s): On March 2, 2020, at 1:00 p.m., at the Department of Health, Town Center 1, Room 163, 101 Israel Road S.E., Tumwater, WA 98501.
Date of Intended Adoption: March 9, 2020.
Submit Written Comments to: Peter Beaton, Department of Health, P.O. Box 47820, Olympia, WA 98504-7820, email https://fortress.wa.gov/doh/policyreview, by March 2, 2020.
Assistance for Persons with Disabilities: Contact Lisette Anson, phone 360-236-3301, TTY 360-833-6388 or 711, email firstname.lastname@example.org, by February 24, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal increases fees for all large on-site sewage systems (LOSS). The proposal increases the annual base fees from $150 to $450 in 2020 and from $450 to $608 in 2021 and the LOSS design flow fee of approved system capacity from $.01 to $.03 per gallon in 2020 and from $.03 to $.0405 per gallon in 2021. The proposal also includes increases on project fees and adds a late application processing fee for systems that do not submit their annual operating permit applications in a timely manner. The department of health completed an economic impact analysis that examined the LOSS program's revenues and expenses to determine the amount of the increases.
Reasons Supporting Proposal: The program expenses have increased and the program is not generating sufficient revenue to cover the cost of operating the program. The proposed fee increases are necessary to cover the program's operating costs and to offer technical assistance and operator training to continue protecting the health and safety of Washington residents and the environment.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of health, governmental.
Name of Agency Personnel Responsible for Drafting: Peter Beaton, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4031; Implementation and Enforcement: Doritha Ramey, 243 Israel Road S.E., Tumwater, WA 98501, 360-236-3318.
A school district fiscal impact statement is not required under RCW 28A.305.135
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.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025
(3) as the rules set or adjust fees under the authority of RCW 19.02.075
or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045
January 10, 2020
AMENDATORY SECTION(Amending WSR 10-16-108, filed 8/2/10, effective 9/2/10)
WAC 246-272-3000Large 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.
LOSS Volume Fee
Operating permit and annual renewal
$.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.))nonrefundable fees apply to engineering and environmental reviews and inspections of LOSS.
(a) New and modification project reviews. The owner shall pay a project review base fee of eight hundred forty-eight dollars at the time the project application is submitted to the department. The fee covers up to eight hours of review time. The owner shall pay one hundred six dollars per hour for additional review time over eight hours.
(b) Reduced modification project reviews. The owner may request and the department may approve a reduced project review base fee of four hundred twenty-four dollars at the time the project application is submitted to the department. The fee covers up to four hours of review time. The owner shall pay one hundred six dollars per hour for additional review time over four hours.
(c) Review of LOSS documents in response to permit conditions. The owner shall pay a fee based on one hundred six dollars per hour.
(d) Review of LOSS documents not associated with project reviews or permit conditions under (a), (b) or (c) of this subsection. The owner shall pay a fee based on one hundred six dollars per hour.
(e) Site inspections and inspections related to enforcement events. The owner shall pay a fee of one thousand dollars.
(f) Final inspections. The owner shall pay a fee of five hundred dollars.
(2) Initial operating permit and annual operating permit renewals. The owner shall pay nonrefundable operating permit fees consisting of a base fee plus a department-approved LOSS design flow fee as shown in Table A Operating Permit Fees.
Operating Permit Fees
Operating Permit Fees
July 1, 2020
July 1, 2021
Department-approved LOSS design flow fee
(3) Initial operating permits. The owner shall pay operating permit fees at the time the operating permit application is submitted to the department in accordance with WAC 246-272B-02150 and 246-272B-02200.
(4) Renewal of annual operating permits. The owner shall pay annual operating permit fees to the department at least thirty days prior to the expiration of the current operating permit in accordance with WAC 246-272B-02650.
(5) Late applications. The department will assess a ninety-four dollar late application processing fee to LOSS owners that do not submit an annual operating permit at least thirty days prior to the permit's expiration date.
(6) Outstanding fees. LOSS owners shall pay all outstanding fees under this section before the department will issue a notice to proceed, project approval, or annual operating permit.