WSR 23-14-079
PERMANENT RULES
DEPARTMENT OF ECOLOGY
[Order 22-03—Filed June 29, 2023, 1:34 p.m., effective July 30, 2023]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Chapter 173-224 WAC, Water quality permit fees; the purpose of this chapter is to establish a permit fee system for state waste discharge and National Pollutant Discharge Elimination System (NPDES) permits issued by ecology pursuant to RCW
90.48.160,
90.48.162, or
90.48.260.
Chapter 173-224 WAC implements RCW
90.48.465 that requires ecology to establish, by rule, annual fees to recover the cost of administering the wastewater and stormwater permit programs. The rule amendment considers the economic impact on small discharges and public entities and provides appropriate adjustments where applicable.
Below is a brief explanation of the specific sections in chapter 173-224 WAC that will be updated for this rule making:
| |
• | WAC 173-224-030 Definitions, definitions are updated to align with current water quality permit terminology and to reflect changes in the permit fee schedule. |
• | WAC 173-224-040 Permit fee schedule, adjusts fees to reflect an increase in fees for underpayer fee categories, rounding of fee amounts, and expanding tiers to certain fee categories. Aligns fees for concentrated animal feeding operation (CAFO) permits with new CAFO general permit and creates fees for CAFO individual permits. Creates minimum permit fees. The fees for municipal wastewater treatment plants that are based on residential equivalents are increased based on the recommendation of the municipal wastewater permit fees advisory committee. |
• | WAC 173-224-050 Permit fee computation and payments, removes the waiver of lesser permit fees when a facility has a discharge permit and stormwater general permit. Makes other technical corrections. |
• | WAC 173-224-060 Permits issued by other governmental agencies, technical corrections. |
• | WAC 173-224-080 Transfer of permit coverage, technical corrections. |
• | WAC 173-224-090 Permit fee reductions, clarifies requirements for an extreme hardship fee reduction. Adds a new fee reduction category for hazardous waste cleanup. Makes other technical corrections. |
• | WAC 173-224-100 Administrative appeals to the department, technical corrections. |
Citation of Rules Affected by this Order: Amending chapter 173-224 WAC.
Statutory Authority for Adoption: RCW
90.48.465.
Adopted under notice filed as WSR 22-13-046 [23-07-137] on March 22, 2023.
A final cost-benefit analysis is available by contacting Ligeia Heagy, Department of Ecology, Water Quality Permit Program, P.O. Box 47600, Olympia, WA 98504-7600, phone 360-280-3697, for Washington relay service or TTY call 711 or 877-833-6341, email wqfeeunit@ecy.wa.gov, website https://apps.ecology.wa.gov/publications/SummaryPages/2310024.html, https://apps.ecology.wa.gov/publications/SummaryPages/2310025.html.
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 the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 10, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 10, 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: June 29, 2023.
Heather R. Bartlett
Deputy Director
OTS-4280.5
AMENDATORY SECTION(Amending WSR 92-03-131, filed 1/21/92, effective 2/21/92)
WAC 173-224-015Purpose.
The purpose of this chapter is to establish a fee system for state waste discharge and NPDES permits issued by the department pursuant to RCW
90.48.160,
90.48.162, or
90.48.260. RCW
90.48.465 ((
authorizes))
directs the department to base fees on factors related to the complexity of permit issuance and compliance and to ((
charge))
assess fees to fully recover, but not exceed the costs of the permit program based on expenses incurred in the issuance and comprehensive administration of state waste discharge and NPDES permits. Fee amounts contained in this chapter represent the department's true estimate of fee eligible permit program costs and reflect the department's commitment to fully recover all eligible expenses.
Fee amounts in this chapter for fiscal year 2025 remain in effect for subsequent fiscal years until this chapter is amended. The department shall continue to examine the feasibility of adopting((
, when applicable,)) alternative permit fee systems. Any alternative fee system, such as variable permit fees, shall ensure continued full recovery of eligible program costs and may be based on pollutant loading and toxicity and may be designed to encourage recycling and reduction of the quantity of pollutants.
AMENDATORY SECTION(Amending WSR 19-14-040, filed 6/26/19, effective 7/27/19)
WAC 173-224-020Applicability.
This chapter applies to all persons holding or applying for a state waste discharge or NPDES permit issued by the department pursuant to RCW
90.48.160,
90.48.162, ((
90.48.200)) or
90.48.260, including persons holding permits that remain in effect under WAC 173-216-040, 173-220-180((
(5))), or 173-226-050. This chapter does not apply when a wastewater discharge permit is written for a state conducted remedial action under the Model Toxics Control Act. That is, ecology may not charge itself for wastewater discharge permits written for sites where the agency is conducting a cleanup.
AMENDATORY SECTION(Amending WSR 21-13-150, filed 6/22/21, effective 7/23/21)
WAC 173-224-030Definitions.
The following definitions apply to this chapter.
(1) "Administrative expenses" means those costs associated with issuing and administering permits under RCW
90.48.160,
90.48.162, and
90.48.260.
(2) "Aluminum forming" means the deformation of aluminum or aluminum alloys into specific shapes by hot or cold rolling, drawing, extruding, or forging.
(3) "Aluminum and magnesium reduction mills" means the electrolytic reduction of alumina or magnesium salts to produce aluminum or magnesium metal.
(4) "Animal unit" means the following:
((Animal Type | Number of Animals per Animal Unit |
Dairy Cows | | |
| Jersey Breed | | |
| | Milking Cow | | 0.900 |
| | Dry Cow | | 0.900 |
| | Heifer | | 0.220 |
| | Calf | | 0.220 |
| Other Breeds | | |
| | Milking Cow | | 1.400 |
| | Dry Cow | | 1.000 |
| | Heifer | | 0.800 |
| | Calf | | 0.500 |
Feedlot Beef | | 0.877 |
Horses | | 0.500 |
Sheep | | 0.100 |
Swine for breeding | | 0.375 |
Swine for slaughter | | 0.110 |
Laying hens & pullets ˃ 3 months | 0.004 |
Broilers & pullets < 3 months | 0.002 |
For those concentrated animal feeding operations not listed on the above table, the department will use 1,000 pounds of live animal weight and the weight of the type of animal in determining the number of animal units.))
DAIRY ANIMAL TYPE | ANIMAL UNIT MULTIPLIER |
The number of animal units equals the number of animals multiplied by the animal unit multiplier. | |
Example: 10 milk cows multiplied by 1.4 = 14 animal units | |
Dairy Cows | |
| Milk cow | 1.40 |
| Dry cow | 1.00 |
| Heifer | 0.80 |
(5) "Annual permit fee" means the fee ((
charged))
assessed by the department for annual expenses associated with activities specified in RCW
90.48.465. This annual fee is ((
based on))
assessed in alignment with the state's fiscal year (July 1 - June 30).
(("bbls/d"))(6) "bbls" means barrels of product in storage for fuel and chemical storage facilities.
(7) "bbls per day" means barrels per day of ((feedstock))oil for petroleum refineries.
(("bins/yr"))(8) "bins per year" means total standard bins used during the last complete calendar year by a facility in the fruit packing industry. The bins measure approximately 47.5 inches × 47.4 inches × 29.5 inches and hold approximately 870 pounds of fruit.
(9) "Chemical pulp mill ((w/chlorine))with chlorine bleaching" means any pulp mill that uses chlorine or chlorine compounds in their bleaching process.
(10) "Coal mining and preparation" means extracting coal from underground or surface mines using machinery or explosives. Coal preparation plants may use chemical and physical processes such as leaching, distillation, retorting, slurry mining, solution mining, borehole mining, fluid recovery mining, washing and concentrating. Coal handling may include sorting, screening, crushing, storing, or transporting.
(11) "Combined food processing waste treatment facility" means a facility that treats wastewater from more than one separately permitted food processor and receives no domestic wastewater or waste from industrial sources other than food processing.
(12) "Combined industrial waste treatment" means a facility ((which))that treats wastewater from more than one industry in any of the following categories: Inorganic chemicals, metal finishing, ore concentration, organic chemicals, or photofinishers.
(13) "Combined sewer overflow (CSO) system" means ((the event during which excess combined sewage flow caused by inflow is discharged from a combined sewer, rather than conveyed to the sewage treatment plant because either the capacity of the treatment plant or the combined sewer is exceeded))a system that conveys combined wastewater and stormwater to a domestic wastewater facility for treatment, but may also discharge wastewater prior to the treatment facility.
(14) "Concentrated animal feeding operation (CAFO)" means an (("))animal feeding operation((")) that meets the criteria in Appendix ((B))C of 40 C.F.R. 122 as presently enacted and any subsequent modifications thereto.
(15) "Contaminants of concern" means a chemical for which an effluent limit is established (this does not include pH, flow, temperature, or other "nonchemical parameters"). Petroleum constituents are considered as one contaminant of concern even if more than one effluent limit is established (e.g., Total Petroleum Hydrocarbons and benzene, toluene, ethylbenzene, and xylene (BTEX)).
(16) "Crane" means a machine used for hoisting and lifting ship hulls.
(("cu. yds/yr"))(17) "Cubic yards per year" means the cubic yards per year for total production from a sand and gravel facility during the most recent completed calendar year.
(18) "Department" means the department of ecology.
(19) "Director" means the director of the department of ecology.
(20) "Disturbed acres" means the total area ((which will be disturbed during all phases of the construction project or common plan of development or sale))of disturbance for a construction site over the life of a construction project. This includes all clearing, grading, and excavating, and any other activity which disturbs the surface of the land.
(21) "Domestic wastewater" means water carrying human wastes, including kitchen, bath, and laundry wastes from residences, buildings, industrial establishments or other places, together with any groundwater infiltration or surface waters that may be present.
(22) "Domestic wastewater facility" means all structures, equipment, or processes required to collect, carry away, treat, reclaim or dispose of domestic wastewater together with ((such)) industrial waste ((as))that may be present.
(23) "EPA" means the United States Environmental Protection Agency.
(("Fin fish rearing and hatching" means the raising of fin fish for fisheries enhancement or sale, by means of hatcheries, net pens, or other confined fish facilities.))
(24) "Facilities not otherwise classified" means an industrial wastewater facility that does not meet the definition of other permit fee categories and the discharge in gallons per day is the best method to assess a permit fee. This fee category may include a variety of industrial facility types.
(25) "Finfish hatching and rearing" means raising (i.e., hatching, culturing, rearing, and growing) finfish. An operation to raise finfish uses confined spaces such as hatcheries, net pens, or other enclosed fish facilities or structures. The purpose for the activity can include sales or fisheries enhancement.
(26) "Federally recognized tribe" means any Indian tribe, band, nation, or other organized group or community of Indians in the Federal List Act, that is recognized as having a government-to-government relationship with the United States of America, with the responsibilities, powers, limitations, and obligations to that designation, and is eligible for funding and services from the Bureau of Indian Affairs or successor agency.
(27) "Flavor extraction" means the recovery of flavors or essential oils from organic products by steam distillation.
(28) "Food processing" means the preparation of food for human or animal consumption or the preparation of animal by-products, excluding fruit packing. This category includes, but is not limited to, fruit and vegetable processing, meat and poultry products processing, dairy products processing, beer production, rendering and animal feed production. Food processing wastewater treatment plants that treat wastes from only one separately permitted food processor must be treated as one facility for billing purposes.
(29) "Fruit packing" means preparing fruit for wholesale or retail sale by washing and/or other processes in which the skin of the fruit is not broken and in which the interior part of the fruit does not come in direct contact with the wastewater.
(30) "gpd" means gallons per day.
(31) "gpy" means gallons per year ((and is used to calculate winery production levels))of wine produced as reported annually for the most recent completed calendar year.
(("Gross revenue for business" means the gross income from Washington business activities.))
(32) "Hazardous waste ((clean up))cleanup sites" means any facility where there has been confirmation of a release or threatened release of a hazardous substance that requires remedial action other than RCRA corrective action sites.
(("Industrial facility" means any facility not included in the definition of municipal/domestic facility.))
(33) "Inactive" means that a facility is not currently discharging wastewater but maintains their permit coverage.
(34) "Inactive rate" means a fee assessment that is reduced to 25 percent of the regular assessed fee, when a site is inactive for a minimum of 18 months.
(35) "Industrial gross revenue" means the annual amount of the sales of goods and services produced using the processes regulated by the ((wastewater))stormwater discharge permit.
(36) "Industrial stormwater" means ((a stormwater discharge from an operation required to be covered under ecology's NPDES and state waste discharge general permit for)) stormwater discharges associated with industrial activities that are regulated under either a general permit or ((modifications to that permit or having)) an individual ((wastewater)) permit for stormwater ((only)).
(37) "Industrial wastewater" means water or liquid-carried waste from industrial or commercial processes, as distinct from domestic wastewater. These wastes may result from any process or activity of industry, manufacture, trade or business, from the development of any natural resource, or from animal operations such as feed lots, poultry houses, or dairies. The term includes contaminated stormwater and, also, leachate from solid waste facilities.
(38) "Industrial wastewater facility" means all structures, equipment, or processes required to collect, carry away, treat, reclaim, or dispose of industrial wastewater. In this rule, it also means any facility not included in the definition of municipal or domestic wastewater facility.
(39) "Manufacturing" means making goods and articles by hand or machine into a manufactured product.
(40) "Median household income" means the most recent available census data, updated yearly ((based on inflation rates)) as measured by the ((Federal Bureau of Labor Statistics and published as the Consumer Price Index))U.S. Census Bureau.
(41) "Metal finishing" means preparing metal surfaces by means of electroplating, electroless plating, anodizing, coating (chromating, phosphating and coloring), chemical etching and milling, and printed circuit board manufacture.
(42) "MGD" means million gallons per day.
(("Municipal/domestic))(43) "Municipal or domestic wastewater facility" means a publicly owned facility treating domestic wastewater together with any industrial ((wastes))wastewaters that may be present, or a privately owned facility treating solely domestic wastewater.
(("Municipal gross revenue" means gross receipts from monthly, bimonthly, and/or quarterly user charges for sewer services received from all classes of customers;
Included in these user charges are user charges and fees based on wastewater constituents' strengths and characteristics including high-strength surcharges and charges based on biochemical oxygen demand, suspended solids, oil and grease, toxicants, heavy metals, and flow, etc.
Municipal gross revenue includes charges for receipt and treatment of septic tank wastes, holding tank wastes, chemical toilet wastes, etc.
Municipal gross revenue includes all amounts received from other municipalities for sewage interception, treatment, collection, or disposal.
Gross revenue excludes:
Amounts derived by municipalities directly from taxes levied for the support or maintenance of sewer services.
Late charges, penalties for nontimely payment by customers, interest on late payments, and all other penalties and fines.
Permit fees and compliance monitoring fees for wastewater discharge permits issued by municipalities with local pretreatment programs. Permit fees which are charged to cover the cost of providing sewer service are not excluded from municipal gross revenue.
Receipts by a municipality of special assessments or installments thereof and interests and penalties thereon, and charges in lieu of assessments.
Connection charges.
Revenues from sales of by-products such as sludge, processed wastewater, etc.))
(44) "Municipal sewerage system" or "publicly owned treatment works (POTW)" means a publicly owned domestic wastewater facility or a privately owned domestic wastewater facility.
(45) "Municipality" means a city, town, county, district, association, or other public body created by or in accordance with state law and that has jurisdiction over disposal of sewage, industrial wastes, or other wastes, ((or an Indian tribe or an authorized Indian tribal organization,)) or a designated and approved management agency under 33 U.S.C. Sec. 1288. State government agencies are not included in this definition.
(46) "Noncontact cooling water with additives" means water used for cooling that does not come into direct contact with any raw materials, intermediate product, waste product or finished product, but ((which)) may contain chemicals or additives ((added by the permittee)) to control corrosion or fouling of the cooling system.
(47) "Noncontact cooling water without additives" means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product or finished product, ((
and which))
that does not contain chemicals ((
added by the permittee))
or additives. The noncontact cooling water fee without additives category applies to those facilities ((
which))
that discharge only noncontact cooling water and ((
which))
that have no other wastewater discharges required to be permitted under RCW
90.48.160,
90.48.162, and
90.48.260.
(48) "Nonferrous metals forming" means manufacturing semifinished products from pure metal or metal alloys other than iron or steel or of metals not otherwise classified in WAC 173-224-040(2).
(49) "Nonfinfish hatching and rearing" means raising (i.e., hatching culturing, rearing, and growing) aquatic animals, such as shellfish, other aquatic invertebrates, or other aquatic species, that are not exclusively finfish. An operation to raise these species uses confined spaces to grow the animals and includes feeding and cleaning activities to maintain the animals. The purposes for the activity can include sales and harvest enhancement.
(50) "Nonoperating ((sand and gravel)) site" means a location where previous sand and gravel mining or processing has occurred; that has not been fully reclaimed; that conducts mining or processing fewer than ((ninety))90 days per year, and that may include stockpiles of raw materials or finished products. The permittee may add or withdraw raw materials or finished products from the stockpiles for transportation off-site for processing, use, or sale and still be considered a nonoperating site.
(51) "NPDES permit" means a National Pollutant Discharge Elimination System permit issued by the department under Section 402 of the federal Clean Water Act and RCW
90.48.260.
(52) "Ore mining" refers to mine operators who extract ores (metal-bearing rock) from underground or surface mines using machinery, explosives, or chemicals. Extraction processes include dressing (picking, sorting, washing of ores), milling (crushing, grinding, etc.), and beneficiation (processing to improve purity/quality).
(53) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, partnership, association, firm, individual, or any other entity whatever.
(54) "Portable facility" means a facility or equipment that is designed for mobility and is moved from site to site for short term operations. A portable facility or equipment applies only to an asphalt batch plant, portable concrete batch plant and portable rock crusher.
(55) "RCRA
corrective action sites" means Resource Conservation Recovery Act ((
clean up))
cleanup sites required to have a wastewater discharge permit resulting from a corrective action under relevant federal authorities or under chapters
70A.300 and
70A.305 RCW including chapters 173-303 and 173-340 WAC, and are not subject to cost recovery.
(56) "Residential equivalent (RE)" means a single-family residence or a unit of sewer service that yields an amount of gross revenue equal to the annual user charge for a single-family residence. In cases where the permit holder does not maintain data on gross revenue, user charges, and/or the number of single-family residences that it serves, "residential equivalent" means an influent flow of ((two hundred fifty))250 gallons per day.
(57) "Sand and gravel" means mining or quarrying sand, gravel, or rock, or producing concrete, asphalt, or a combination thereof.
(58) "Seafood processing" means:
(a) Preparing fresh, cooked, canned, smoked, preserved, or frozen seafoods, including marine and freshwater animals (fish, shellfish, crustaceans, etc.) and plants, for human or animal consumption; or
(b) Washing, shucking, and/or packaging of mollusks or crustaceans.
(59) "Sewer service" means receiving sewage deposited into and transported by a system of sewers, drains, and pipes to a common point, or points, for disposal or for transfer to treatment for disposal, and activities involving the interception, transfer, storage, treatment, and/or disposal of sewage, or any of these activities.
(60) "State waste discharge permit" means a permit required under RCW
90.48.160 or
90.48.162.
(61) "Stormwater" means precipitation that flows from an industrial operation or construction activity discharging stormwater runoff as defined in 40 C.F.R. 122.26 (b)(14) or facilities that are permitted as a significant contributor of pollutants as allowed in the federal Clean Water Act at Section 402 (p)(((2)(E))).
(("Tons/yr."))(62) "Tons per year" means the total annual production in tons from an asphalt production facility ((in tons)) during the most recent completed calendar year, or the average tons per year of coal mining and preparation production.
(("Vegetable/bulb))(63) "Vegetable or bulb washing" means washing, packing, ((and/or))or shipping fresh vegetables and bulbs when there is no cooking or cutting of the product before packing.
AMENDATORY SECTION(Amending WSR 21-13-150, filed 6/22/21, effective 7/23/21)
WAC 173-224-040Permit fee schedule.
(((1) Application fee. In addition to the annual fee, first time applicants (except those applying for coverage under a general permit) will pay a one time application fee of twenty-five percent of the annual permit fee, or $250.00, whichever is greater. An application fee is assessed for RCRA sites regardless of whether a new permit is issued or an existing permit for other than the discharge resulting from the RCRA corrective action, is modified.
(2) INDUSTRIAL FACILITY CATEGORIES.
INDUSTRIAL FACILITY CATEGORIES | FY 2022 ANNUAL PERMIT FEE | FY 2023 ANNUAL PERMIT FEE & BEYOND |
Aluminum Alloys | $22,950.00 | | $22,950.00 | |
Aluminum and Magnesium Reduction Mills | | |
| a. | NPDES Permit | 115,785.00 | | 115,785.00 | |
| b. | State Permit | 57,895.00 | | 57,895.00 | |
Aluminum Forming | 68,850.00 | | 68,850.00 | |
Aquaculture | | |
| a. | Finfish hatching and rearing - Individual Permit | 5,889.00 | | 5,889.00 | |
| b. | Finfish hatching and rearing - General Permit Coverage | 4,125.00 | | 4,125.00 | |
| c. | Shellfish hatching | 223.00 | | 223.00 | |
Aquatic Pest Control |
| a. | Irrigation Districts | 682.00 | | 682.00 | |
| b. | Mosquito Control Districts | 682.00 | | 682.00 | |
| c. | Invasive Moth Control | 682.00 | | 682.00 | |
| d. | Aquatic Species Control & Eradication | 682.00 | | 682.00 | |
| e. | Oyster Growers | 682.00 | | 682.00 | |
| f. | Rotenone Control | 682.00 | | 682.00 | |
Boat Yards - Individual Permit Coverage | | |
| a. | With stormwater only discharge | 588.00 | | 588.00 | |
| b. | All others | 1,173.00 | | 1,173.00 | |
Boat Yards - General Permit Coverage | | |
| a. | With stormwater only discharge | 537.00 | | 537.00 | |
| b. | All others | 1,087.00 | | 1,087.00 | |
Bridge Washing | | |
| a. | Single-site Permit | 4,047.00 | | 4,047.00 | |
| b. | WSDOT Annual Fee | 13,450.00 | | 13,450.00 | |
Coal Mining and Preparation | | |
| a. | < 200,000 tons per year | 9,175.00 | | 9,175.00 | |
| b. | 200,000 - < 500,000 tons per year | 20,657.00 | | 20,657.00 | |
| c. | 500,000 - < 1,000,000 tons per year | 36,718.00 | | 36,718.00 | |
| d. | 1,000,000 tons per year and greater | 68,850.00 | | 68,850.00 | |
Combined Industrial Waste Treatment | | |
| a. | < 10,000 gpd | 3,972.00 | | 3,972.00 | |
| b. | 10,000 - < 50,000 gpd | 9,816.00 | | 9,816.00 | |
| c. | 50,000 - < 100,000 gpd | 19,636.00 | | 19,636.00 | |
| d. | 100,000 - < 500,000 gpd | 39,266.00 | | 39,266.00 | |
| e. | 500,000 gpd and greater | 58,901.00 | | 58,901.00 | |
Combined Food Processing Waste Treatment Facilities | 18,797.00 | | 18,797.00 | |
Combined Sewer Overflow System | | | |
| a. | < 50 acres | 3,927.00 | | 3,927.00 | |
| b. | 50 - < 100 acres | 9,816.00 | | 9,816.00 | |
| c. | 100 - < 500 acres | 11,783.00 | | 11,783.00 | |
| d. | 500 acres and greater | 15,704.00 | | 15,704.00 | |
Commercial Laundry | 555.00 | | 555.00 | |
Concentrated Animal Feeding Operation | | | |
| a. | Nondairy CAFOs | | | | |
| | 1. | < 200 Animal Units | 308.00 | | 308.00 | |
| | 2. | 200 - < 400 Animal Units | 772.00 | | 772.00 | |
| | 3. | 400 - < 600 Animal Units | 1,546.00 | | 1,546.00 | |
| | 4. | 600 - < 800 Animal Units | 2,317.00 | | 2,317.00 | |
| | 5. | 800 Animal Units and greater | 3,094.00 | | 3,094.00 | |
| b. | Dairy CAFOs $.50 per Animal Unit for FY 2022, FY 2023 and beyond, not to exceed $2,076.00 | | | | |
Facilities Not Otherwise Classified - Individual Permit Coverage | | |
| a. | < 1,000 gpd | 1,963.00 | | 1,963.00 | |
| b. | 1,000 - < 10,000 gpd | 3,927.00 | | 3,927.00 | |
| c. | 10,000 - < 50,000 gpd | 9,817.00 | | 9,817.00 | |
| d. | 50,000 - < 100,000 gpd | 15,704.00 | | 15,704.00 | |
| e. | 100,000 - < 500,000 gpd | 31,258.00 | | 31,258.00 | |
| f. | 500,000 - < 1,000,000 gpd | 39,266.00 | | 39,266.00 | |
| g. | 1,000,000 gpd and greater | 58,900.00 | | 58,900.00 | |
Flavor Extraction | | |
| a. | Steam Distillation | 202.00 | | 202.00 | |
Food Processing | | |
| a. | < 1,000 gpd | 1,961.00 | | 1,961.00 | |
| b. | 1,000 - < 10,000 gpd | 5,003.00 | | 5,003.00 | |
| c. | 10,000 - < 50,000 gpd | 8,934.00 | | 8,934.00 | |
| d. | 50,000 - < 100,000 gpd | 14,036.00 | | 14,036.00 | |
| e. | 100,000 - < 250,000 gpd | 19,633.00 | | 19,633.00 | |
| f. | 250,000 - < 500,000 gpd | 25,819.00 | | 25,819.00 | |
| g. | 500,000 - < 750,000 gpd | 32,393.00 | | 32,393.00 | |
| h. | 750,000 - < 1,000,000 gpd | 39,266.00 | | 39,266.00 | |
| i. | 1,000,000 - < 2,500,000 gpd | 48,374.00 | | 48,374.00 | |
| j. | 2,500,000 - < 5,000,000 gpd | 53,993.00 | | 53,993.00 | |
| k. | 5,000,000 gpd and greater | 58,901.00 | | 58,901.00 | |
Fruit Packing - Individual Permit Coverage | | | |
| a. | 0 - < 1,000 bins/yr. | 392.00 | | 392.00 | |
| b. | 1,000 - < 5,000 bins/yr. | 786.00 | | 786.00 | |
| c. | 5,000 - < 10,000 bins/yr. | 1,570.00 | | 1,570.00 | |
| d. | 10,000 - < 15,000 bins/yr. | 3,144.00 | | 3,144.00 | |
| e. | 15,000 - < 20,000 bins/yr. | 5,199.00 | | 5,199.00 | |
| f. | 20,000 - < 25,000 bins/yr. | 7,264.00 | | 7,264.00 | |
| g. | 25,000 - < 50,000 bins/yr. | 9,717.00 | | 9,717.00 | |
| h. | 50,000 - < 75,000 bins/yr. | 10,800.00 | | 10,800.00 | |
| i. | 75,000 - < 100,000 bins/yr. | 12,564.00 | | 12,564.00 | |
| j. | 100,000 - < 125,000 bins/yr. | 15,704.00 | | 15,704.00 | |
| k. | 125,000 - < 150,000 bins/yr. | 19,633.00 | | 19,633.00 | |
| l. | 150,000 bins/yr. and greater | 23,524.00 | | 23,524.00 | |
Fruit Packing - General Permit Coverage | | |
| a. | 0 - < 1,000 bins/yr. | 274.00 | | 274.00 | |
| b. | 1,000 - < 5,000 bins/yr. | 550.00 | | 550.00 | |
| c. | 5,000 - < 10,000 bins/yr. | 1,100.00 | | 1,100.00 | |
| d. | 10,000 - < 15,000 bins/yr. | 2,201.00 | | 2,201.00 | |
| e. | 15,000 - < 20,000 bins/yr. | 3,643.00 | | 3,643.00 | |
| f. | 20,000 - < 25,000 bins/yr. | 5,085.00 | | 5,085.00 | |
| g. | 25,000 - < 50,000 bins/yr. | 6,800.00 | | 6,800.00 | |
| h. | 50,000 - < 75,000 bins/yr. | 7,557.00 | | 7,557.00 | |
| i. | 75,000 - < 100,000 bins/yr. | 8,788.00 | | 8,788.00 | |
| j. | 100,000 - < 125,000 bins/yr. | 10,997.00 | | 10,997.00 | |
| k. | 125,000 - < 150,000 bins/yr. | 13,744.00 | | 13,744.00 | |
| l. | 150,000 bins/yr. and greater | 16,491.00 | | 16,491.00 | |
Fuel and Chemical Storage | | |
| a. | < 50,000 bbls | 1,963.00 | | 1,963.00 | |
| b. | 50,000 - < 100,000 bbls | 3,927.00 | | 3,927.00 | |
| c. | 100,000 - < 500,000 bbls | 9,816.00 | | 9,816.00 | |
| d. | 500,000 bbls and greater | 19,636.00 | | 19,636.00 | |
Hazardous Waste Clean Up Sites | | |
| a. | Leaking Underground Storage Tanks (LUST) | | |
| | 1. | State Permit | 5,149.00 | | 5,149.00 | |
| | 2. | NPDES Permit Issued pre 7/1/94 | 5,148.00 | | 5,148.00 | |
| | 3. | NPDES Permit Issued post 7/1/94 | 10,298.00 | | 10,298.00 | |
| b. | Non-LUST Sites | | |
| | 1. | 1 or 2 Contaminants of concern | 10,069.00 | | 10,069.00 | |
| | 2. | ˃ 2 Contaminants of concern | 20,137.00 | | 20,137.00 | |
Ink Formulation and Printing | | |
| a. | Commercial Print Shops | 3,021.00 | | 3,021.00 | |
| b. | Newspapers | 5,035.00 | | 5,035.00 | |
| c. | Box Plants | 8,055.00 | | 8,055.00 | |
| d. | Ink Formulation | 10,070.00 | | 10,070.00 | |
Inorganic Chemicals Manufacturing | | |
| a. | Lime Products | 9,816.00 | | 9,816.00 | |
| b. | Fertilizer | 11,816.00 | | 11,816.00 | |
| c. | Peroxide | 15,704.00 | | 15,704.00 | |
| d. | Alkaline Earth Salts | 19,636.00 | | 19,636.00 | |
| e. | Metal Salts | 27,482.00 | | 27,482.00 | |
| f. | Acid Manufacturing | 38,942.00 | | 38,942.00 | |
| g. | Chlor-alkali | 78,533.00 | | 78,533.00 | |
Iron and Steel | | |
| a. | Foundries | 22,950.00 | | 22,950.00 | |
| b. | Mills | 45,939.00 | | 45,939.00 | |
Metal Finishing | | |
| a. | < 1,000 gpd | 2,751.00 | | 2,751.00 | |
| b. | 1,000 - < 10,000 gpd | 4,587.00 | | 4,587.00 | |
| c. | 10,000 - < 50,000 gpd | 11,470.00 | | 11,470.00 | |
| d. | 50,000 - < 100,000 gpd | 22,949.00 | | 22,949.00 | |
| e. | 100,000 - < 500,000 gpd | 45,894.00 | | 45,894.00 | |
| f. | 500,000 gpd and greater | 68,845.00 | | 68,845.00 | |
Noncontact Cooling Water With Additives - Individual Permit Coverage | | |
| a. | < 1,000 gpd | 1,229.00 | | 1,229.00 | |
| b. | 1,000 - < 10,000 gpd | 1,716.00 | | 1,716.00 | |
| c. | 10,000 - < 50,000 gpd | 3,685.00 | | 3,685.00 | |
| d. | 50,000 - < 100,000 gpd | 8,593.00 | | 8,593.00 | |
| e. | 100,000 - < 500,000 gpd | 14,721.00 | | 14,721.00 | |
| f. | 500,000 - < 1,000,000 gpd | 20,863.00 | | 20,863.00 | |
| g. | 1,000,000 - < 2,500,000 gpd | 27,001.00 | | 27,001.00 | |
| h. | 2,500,000 - < 5,000,000 gpd | 32,993.00 | | 32,993.00 | |
| i. | 5,000,000 gpd and greater | 39,266.00 | | 39,266.00 | |
Noncontact Cooling Water With Additives - General Permit Coverage | | |
| a. | < 1,000 gpd | 861.00 | | 861.00 | |
| b. | 1,000 - < 10,000 gpd | 1,716.00 | | 1,716.00 | |
| c. | 10,000 - < 50,000 gpd | 2,579.00 | | 2,579.00 | |
| d. | 50,000 - < 100,000 gpd | 6,015.00 | | 6,015.00 | |
| e. | 100,000 - < 500,000 gpd | 10,307.00 | | 10,307.00 | |
| f. | 500,000 - < 1,000,000 gpd | 14,606.00 | | 14,606.00 | |
| g. | 1,000,000 - < 2,500,000 gpd | 18,899.00 | | 18,899.00 | |
| h. | 2,500,000 - < 5,000,000 gpd | 23,191.00 | | 23,191.00 | |
| i. | 5,000,000 gpd and greater | 27,484.00 | | 27,484.00 | |
Noncontact Cooling Water Without Additives - Individual Permit Coverage | | |
| a. | < 1,000 gpd | 984.00 | | 984.00 | |
| b. | 1,000 - < 10,000 gpd | 1,963.00 | | 1,963.00 | |
| c. | 10,000 - < 50,000 gpd | 2,948.00 | | 2,948.00 | |
| d. | 50,000 - < 100,000 gpd | 6,874.00 | | 6,874.00 | |
| e. | 100,000 - < 500,000 gpd | 11,783.00 | | 11,783.00 | |
| f. | 500,000 - < 1,000,000 gpd | 16,687.00 | | 16,687.00 | |
| g. | 1,000,000 - < 2,500,000 gpd | 21,511.00 | | 21,511.00 | |
| h. | 2,500,000 - < 5,000,000 gpd | 26,503.00 | | 26,503.00 | |
| i. | 5,000,000 gpd and greater | 31,414.00 | | 31,414.00 | |
Noncontact Cooling Water Without Additives - General Permit Coverage | | |
| a. | < 1,000 gpd | 688.00 | | 688.00 | |
| b. | 1,000 - < 10,000 gpd | 1,377.00 | | 1,377.00 | |
| c. | 10,000 - < 50,000 gpd | 2,064.00 | | 2,064.00 | |
| d. | 50,000 - < 100,000 gpd | 4,811.00 | | 4,811.00 | |
| e. | 100,000 - < 500,000 gpd | 8,246.00 | | 8,246.00 | |
| f. | 500,000 - < 1,000,000 gpd | 11,683.00 | | 11,683.00 | |
| g. | 1,000,000 - < 2,500,000 gpd | 15,117.00 | | 15,117.00 | |
| h. | 2,500,000 - < 5,000,000 gpd | 18,554.00 | | 18,554.00 | |
| i. | 5,000,000 gpd and greater | 21,987.00 | | 21,987.00 | |
Nonferrous Metals Forming | 22,950.00 | | 22,950.00 | |
Ore Mining | | |
| a. | Ore Mining | 4,588.00 | | 4,588.00 | |
| b. | Ore mining with physical concentration processes | 9,177.00 | | 9,177.00 | |
| c. | Ore mining with physical and chemical concentration processes | 36,718.00 | | 36,718.00 | |
Organic Chemicals Manufacturing | | |
| a. | Fertilizer | 19,636.00 | | 19,636.00 | |
| b. | Aliphatic | 39,266.00 | | 39,266.00 | |
| c. | Aromatic | 58,901.00 | | 58,901.00 | |
Petroleum Refining | | |
| a. | < 10,000 bbls/d | 39,266.00 | | 39,266.00 | |
| b. | 10,000 - < 50,000 bbls/d | 77,853.00 | | 77,853.00 | |
| c. | 50,000 bbls/d and greater | 157,075.00 | | 157,075.00 | |
Photofinishers | | |
| a. | < 1,000 gpd | 1,570.00 | | 1,570.00 | |
| b. | 1,000 gpd and greater | 3,927.00 | | 3,927.00 | |
Power and/or Steam Plants | | |
| a. | Steam Generation - Nonelectric | 7,924.00 | | 7,924.00 | |
| b. | Hydroelectric | 7,924.00 | | 7,924.00 | |
| c. | Nonfossil Fuel | 11,781.00 | | 11,781.00 | |
| d. | Fossil Fuel | 31,414.00 | | 31,414.00 | |
Pulp, Paper and Paper Board | | |
| a. | Fiber Recyclers/Nonwood Pulp Mills | 19,632.00 | | 19,632.00 | |
| b. | Paper Mills | 39,266.00 | | 39,266.00 | |
| c. | Groundwood Pulp Mills | | |
| | 1. | < 300 tons per day | 58,901.00 | | 58,901.00 | |
| | 2. | ˃ 300 tons per day | 117,813.00 | | 117,813.00 | |
| d. | Chemical Pulp Mills | | |
| | w/o Chlorine Bleaching | 157,068.00 | | 157,068.00 | |
| e. | Chemical Pulp Mills | | |
| | w/Chlorine Bleaching | 176,697.00 | | 176,697.00 | |
Radioactive Effluents and Discharges (RED) | | |
| a. | < 3 waste streams | 37,986.00 | | 37,986.00 | |
| b. | 3 - < 8 waste streams | 65,965.00 | | 65,965.00 | |
| c. | 8 waste streams and greater | 108,648.00 | | 108,648.00 | |
RCRA Corrective Action Sites | 27,597.00 | | 27,597.00 | |
Sand and Gravel - Individual Permit Coverage | | |
| a. | Mining Activities | | |
| | 1. | Mining, screening, washing and/or crushing | 3,581.00 | | 3,581.00 | |
| | 2. | Nonoperating site (fee per site) | 147.00 | | 147.00 | |
| b. | Asphalt Production | | |
| | 1. | 1 - < 50,000 tons/yr. | 1,492.00 | | 1,492.00 | |
| | 2. | 50,000 - < 300,000 tons/yr. | 3,582.00 | | 3,582.00 | |
| | 3. | 300,000 tons/yr. and greater | 4,480.00 | | 4,480.00 | |
| | 4. | Nonoperating Asphalt | 147.00 | | 147.00 | |
| c. | Concrete Production | | |
| | 1. | 1 - < 25,000 cu. yds/yr. | 1,492.00 | | 1,492.00 | |
| | 2. | 25,000 - < 200,000 cu. yds/yr. | 3,582.00 | | 3,582.00 | |
| | 3. | 200,000 cu. yds/yr. and greater | 4,480.00 | | 4,480.00 | |
| | 4. | Nonoperating Concrete | 147.00 | | 147.00 | |
| | | The fee for a facility in the sand and gravel production category is the sum of the applicable fees in the mining activities and concrete and asphalt production categories. | | |
| d. | Portable Operations | | |
| | 1. | Rock Crushing | 3,581.00 | | 3,581.00 | |
| | 2. | Asphalt | 3,581.00 | | 3,581.00 | |
| | 3. | Concrete | 3,581.00 | | 3,581.00 | |
| | 4. | Nonoperating Site | 147.00 | | 147.00 | |
Sand and Gravel - General Permit Coverage | | |
| a. | Mining Activities | | |
| | 1. | Mining, screening, washing and/or crushing | 2,505.00 | | 2,505.00 | |
| | 2. | Nonoperating site (fee per site) | 103.00 | | 103.00 | |
| b. | Asphalt Production | | |
| | 1. | 0 - < 50,000 tons/yr. | 1,046.00 | | 1,046.00 | |
| | 2. | 50,000 - < 300,000 tons/yr. | 2,507.00 | | 2,507.00 | |
| | 3. | 300,000 tons/yr. and greater | 3,135.00 | | 3,135.00 | |
| | 4. | Nonoperating Asphalt | 103.00 | | 103.00 | |
| c. | Concrete Production | | |
| | 1. | 0 - < 25,000 cu. yds/yr. | 1,046.00 | | 1,046.00 | |
| | 2. | 25,000 - < 200,000 cu. yds/yr. | 2,507.00 | | 2,507.00 | |
| | 3. | 200,000 cu. yds/yr. and greater | 3,135.00 | | 3,135.00 | |
| | 4. | Nonoperating Concrete | 103.00 | | 103.00 | |
| | | The fee for a facility in the sand and gravel production category is the sum of the applicable fees in the mining activities and concrete and asphalt production categories. | | |
| d. | Portable Operations | | |
| | 1. | Rock Crushing | 2,507.00 | | 2,507.00 | |
| | 2. | Asphalt | 2,507.00 | | 2,507.00 | |
| | 3. | Concrete | 2,507.00 | | 2,507.00 | |
| | 4. | Nonoperating | 103.00 | | 103.00 | |
Seafood Processing | | |
| a. | < 1,000 gpd | 1,963.00 | | 1,963.00 | |
| b. | 1,000 - < 10,000 gpd | 5,003.00 | | 5,003.00 | |
| c. | 10,000 - < 50,000 gpd | 8,934.00 | | 8,934.00 | |
| d. | 50,000 - < 100,000 gpd | 14,036.00 | | 14,036.00 | |
| e. | 100,000 gpd and greater | 19,636.00 | | 19,636.00 | |
Shipyards | | |
| a. | Per crane, travel lift, small boat lift | 4,588.00 | | 4,588.00 | |
| b. | Per drydock under 250 ft in length | 4,588.00 | | 4,588.00 | |
| c. | Per graving dock | 4,588.00 | | 4,588.00 | |
| d. | Per marine way/ramp | 6,882.00 | | 6,882.00 | |
| e. | Per syncrolift | 6,882.00 | | 6,882.00 | |
| f. | Per drydock 250 ft and over in length | 9,177.00 | | 9,177.00 | |
| g. | In-water vessel maintenance | 9,177.00 | | 9,177.00 | |
| | The fee for a facility in the shipyard category is the sum of the fees for the applicable units in the facility. | | | | |
Solid Waste Sites (nonstormwater) | | |
| a. | Nonputrescible | 7,850.00 | | 7,850.00 | |
| b. | < 50 acres | 15,703.00 | | 15,703.00 | |
| c. | 50 - < 100 acres | 31,414.00 | | 31,414.00 | |
| d. | 100 - < 250 acres | 39,266.00 | | 39,266.00 | |
| e. | 250 acres and greater | 58,901.00 | | 58,901.00 | |
Textile Mills | 78,533.00 | | 78,533.00 | |
Timber Products | | |
| a. | Log Storage | 3,927.00 | | 3,927.00 | |
| b. | Veneer | 7,850.00 | | 7,850.00 | |
| c. | Sawmills | 15,704.00 | | 15,704.00 | |
| d. | Hardwood, Plywood | 27,482.00 | | 27,482.00 | |
| e. | Wood Preserving | 37,706.00 | | 37,706.00 | |
Vegetable/Bulb Washing Facilities | | |
| a. | < 1,000 gpd | 130.00 | | 130.00 | |
| b. | 1,000 - < 5,000 gpd | 262.00 | | 262.00 | |
| c. | 5,000 - < 10,000 gpd | 517.00 | | 517.00 | |
| d. | 10,000 - < 20,000 gpd | 1,042.00 | | 1,042.00 | |
| e. | 20,000 and greater | 1,721.00 | | 1,721.00 | |
Vehicle Maintenance and Freight Transfer | | |
| a. | < 0.5 acre | 3,927.00 | | 3,927.00 | |
| b. | 0.5 - < 1.0 acre | 7,850.00 | | 7,850.00 | |
| c. | 1.0 acre and greater | 11,781.00 | | 11,781.00 | |
Vessel Deconstruction | | | | |
| a. | Base fee | 3,100.00 | | 3,100.00 | |
| b. | On land (per project) | 3,500.00 | | 3,500.00 | |
| c. | On barge or drydock (per project) | 4,800.00 | | 4,800.00 | |
| d. | In-water (per project) | 18,700.00 | | 18,700.00 | |
| | The fee for a facility in the vessel deconstruction category is the sum of the base fee and number and type of projects completed in the previous calendar year. | | | | |
Water Plants - Individual Permit Coverage | 5,359.00 | | 5,359.00 | |
Water Plants - General Permit Coverage | 3,752.00 | | 3,752.00 | |
Wineries - Individual Permit Coverage | | |
| a. | < 24,999 gallons per year (gpy) | 423.00 | | 423.00 | |
| b. | 25,000 - < 39,999 gpy | 621.00 | | 621.00 | |
| c. | 40,000 - < 54,999 gpy | 960.00 | | 960.00 | |
| d. | 55,000 - < 69,999 gpy | 1,297.00 | | 1,297.00 | |
| e. | 70,000 - < 99,999 gpy | 1,636.00 | | 1,636.00 | |
| f. | 100,000 - < 299,999 gpy | 2,370.00 | | 2,370.00 | |
| g. | 300,000 - < 699,999 gpy | 7,111.00 | | 7,111.00 | |
| h. | 700,000 - < 999,999 gpy | 16,594.00 | | 16,594.00 | |
| i. | 1,000,000 - < 1,999,999 gpy | 23,762.00 | | 23,762.00 | |
| j. | 2,000,000 gpy and greater | 47,470.00 | | 47,470.00 | |
Wineries - General Permit Coverage | | |
| a. | < 24,999 gpy | 296.00 | | 296.00 | |
| b. | 25,000 - < 39,999 gpy | 434.00 | | 434.00 | |
| c. | 40,000 - < 54,999 gpy | 671.00 | | 671.00 | |
| d. | 55,000 - < 69,999 gpy | 907.00 | | 907.00 | |
| e. | 70,000 - < 99,999 gpy | 1,144.00 | | 1,144.00 | |
| f. | 100,000 - < 299,999 gpy | 1,657.00 | | 1,657.00 | |
| g. | 300,000 - < 699,999 gpy | 4,973.00 | | 4,973.00 | |
| h. | 700,000 - < 999,999 gpy | 11,604.00 | | 11,604.00 | |
| i. | 1,000,000 - < 1,999,999 gpy | 16,617.00 | | 16,617.00 | |
| j. | 2,000,000 gpy and greater | 33,196.00 | | 33,196.00 | |
(a) Facilities other than those in the sand and gravel, shipyard, or RCRA categories that operate within several fee categories or subcategories, shall be charged from that category or subcategory with the highest fee.
(b) The total annual permit fee for a water treatment plant that primarily serves residential customers may not exceed three dollars per residential equivalent. The number of residential equivalents is determined by dividing the facility's annual gross revenue in the previous calendar year by the annual user charge for a single family residence that uses nine hundred cubic feet of water per month.
(c) Fruit packer, sand and gravel, and winery permit holders are required to submit information to the department certifying annual production (calendar year) or unit processes. The permit holder shall submit the information to the department by the required due date. Failure to provide this information results in a fee determination based on the highest subcategory the facility has received permit coverage in.
(i) Information submitted shall bear a certification of correctness and be signed:
(A) In the case of a corporation, by an authorized corporate officer;
(B) In the case of a limited partnership, by an authorized partner;
(C) In the case of a general partnership, by an authorized general partner; or
(D) In the case of a sole proprietorship, by the proprietor.
(ii) The department may verify information submitted and, if it determines that false or inaccurate statements have been made, it may, in addition to taking other actions provided by law, revise both current and previously granted fee determinations.
(d) Fees for fruit packers discharging only noncontact cooling water without additives shall pay the lesser of the applicable fee in the fruit packing or noncontact cooling water without additives categories.
(e) Where no clear industrial facility category exists for placement of a permit holder, the department may elect to place the permit holder in a category with dischargers or permit holders that contain or use similar properties or processes and/or a category which contains similar permitting complexities to the department.
(f) Hazardous waste cleanup sites and EPA authorized RCRA corrective action sites with whom the department has begun cost recovery through chapter 70A.305 RCW shall not pay a permit fee under chapter 173-224 WAC until such time as the cost recovery under chapter 70A.305 RCW ceases. (g) Any permit holder, with the exception of nonoperating sand and gravel operations or a permitted portable facility, who has not been in continuous operation within a consecutive eighteen-month period or who commits to not being in operation for a consecutive eighteen-month period or longer can have their permit fee reduced to twenty-five percent of the fee that they would be otherwise assessed. This nonoperating mode may be verified by the appropriate ecology staff. Once operations resume, the permit fee returns to the full amount.
Facilities who commit to the minimum eighteen-month nonoperating mode but go back into operation during the same eighteen-month period are assessed permit fees as if they were active during the entire period.
(h) Facilities with subcategories based on gallons per day (gpd) shall have their annual permit fee determined by using the maximum daily flow or maximum monthly average permitted flow in gallons per day as specified in the waste discharge permit, whichever is greater.
(i) RCRA corrective action sites requiring a waste discharge permit are assessed a separate permit fee regardless of whether the discharge is authorized by a separate permit or by a modification to an existing permit for a discharge other than that resulting from the corrective action.
(3) MUNICIPAL/DOMESTIC FACILITIES
(a) The annual permit fee for a permit held by a municipality for a domestic wastewater facility issued under RCW 90.48.162 or 90.48.260 is determined as follows: Residential Equivalents (RE) | FY 2022 Annual Permit Fee | FY 2023 Annual Permit Fee & Beyond |
< 250,000 | $2.16 | $2.16 |
˃ 250,000 | 2.16 | 2.16 |
(b) The annual permit fee under RCW 90.48.162 or 90.48.260 that is held by a municipality which: (i) Holds more than one permit for domestic wastewater facilities; and
(ii) Treats each domestic wastewater facility as a separate accounting entity, is determined as in (a) of this subsection.
A separate accounting entity is one that maintains separate funds or accounts for each domestic wastewater facility. Revenues are received from the users to pay for the costs of operating that facility.
(c) The sum of the annual permit fees for permits held by a municipality that:
(i) Holds more than one permit for domestic wastewater facilities issued under RCW 90.48.162 or 90.48.260; and (ii) Does not treat each domestic wastewater facility as a separate accounting entity, as described in (b) of this subsection, is determined as in (a) of this subsection.
(d) The permit fee for a privately owned and public-owned domestic wastewater facility that primarily serves residential customers is determined as in (a) of this subsection. Residential customers are those whose lot, parcel or real estate, or building is primarily used for domestic dwelling purposes.
(e) The annual permit fee for privately owned or public-owned domestic wastewater facilities must be determined by using the maximum daily flow or maximum monthly average permitted flow in million gallons per day, whichever is greater, as specified in the waste discharge permit. Permit fees for privately owned or public-owned domestic wastewater facilities that do not serve primarily residential customers and for state-owned domestic wastewater facilities are the following:
Permitted Flows | FY2022 Annual Permit Fee | FY 2023 Annual Permit Fee & Beyond |
.1 MGD and Greater | $15,075.00 | $15,075.00 |
.05 MGD to < .1 MGD | 6,032.00 | 6,032.00 |
.0008 MGD to < .05 MGD | 3,016.00 | 3,016.00 |
< .0008 MGD | 910.00 | 910.00 |
(f) The number of residential equivalents is calculated in the following manner:
(i) If the facility serves only single-family residences, the number of residential equivalents is the number of single-family residences that it served on January 1 of the previous calendar year.
(ii) If the facility serves both single-family residences and other classes of customers, the number of residential equivalents is calculated in the following manner:
(A) Calculation of the number of residential equivalents that the facility serves in its own service area. Subtract from the previous calendar year's gross revenue:
(I) Any amounts received from other municipalities for sewage interception, treatment, collection, or disposal; and
(II) Any user charges received from customers for whom the permit holder pays amounts to other municipalities for sewage treatment or disposal services. Divide the resulting figure by the annual user charge for a single-family residence.
(B) Calculation of the number of residential equivalents that the facility serves in other municipalities which pay amounts to the facility for sewage interception, treatment, collection, or disposal:
(I) Divide any amounts received from other municipalities during the previous calendar year by the annual user charge for a single-family residence. In this case "annual user charge for a single-family residence" means the annual user charge that the facility charges other municipalities for sewage interception, treatment, collection, or disposal services for a single-family residence. If the facility charges different municipalities different single-family residential user fees, then the charge used in these calculations must be that which applies to the largest number of single-family residential customers. Alternatively, if the facility charges different municipalities different single-family residential user fees, the permit holder may divide the amount received from each municipality by the annual user charge that it charges that municipality for a single-family residence and sum the resulting figures.
(II) If the facility does not charge the other municipality on the basis of a fee per single-family residence, the number of residential equivalents in the other municipality is calculated by dividing its previous calendar year's gross revenue by its annual user fee for a single-family residence. If the other municipality does not maintain data on its gross revenue, user fees, and/or the number of single-family residences that it serves, the number of residential equivalents is calculated as in (f)(iv) of this subsection.
(III) If the other municipality serves only single-family residences, the number of residential equivalents may be calculated as in (f)(i) of this subsection.
The sum of the resulting figures is the number of residential equivalents that the facility serves in other municipalities.
(C) The number of residential equivalents is the sum of the number of residential equivalents calculated in (f)(ii)(A) and (B) of this subsection.
(iii) The annual user fee for a single-family residence is calculated by either of the following methods, at the choice of the permit holder:
(A) The annual user fee for a single-family residence using nine hundred cubic feet of water per month. If users are billed monthly, this is calculated by multiplying by twelve the monthly user fee for a single-family residence using nine hundred cubic feet of water per month. If users are billed bimonthly, the annual user fee is calculated by multiplying by six the bimonthly user fee for a single-family residence using one thousand eight hundred cubic feet of water per two-month period. If the user fee for a single-family residence varies, depending on age, income, location, etc., then the fee used in these calculations must be that which applies to the largest number of single-family residential customers.
(B) The average annual user fee for a single-family residence. This average is calculated by dividing the previous calendar year's gross revenue from provision of sewer services to single-family residences by the number of single-family residences served on January 1 of the previous calendar year. If the user fee for a single-family residence varies, depending on age, income, location, etc., then the gross revenue and number of single-family residences used in making this calculation must be those for all the single-family residential customers.
In either case, (f)(iii)(A) or (B) of this subsection, the permit holder must provide the department with a copy of its complete sewer rate schedule for all classes of customers.
(iv) If a permit holder does not maintain data on its gross revenue, user fees, and/or the number of single-family residences that it serves, and therefore cannot use the methods described in (f)(i) or (ii) of this subsection to calculate the number of residential equivalents that it serves, then the number of residential equivalents that it serves is calculated by dividing the average daily influent flow to its facility for the previous calendar year by two hundred fifty gallons. This average is calculated by summing all the daily flow measurements taken during the previous calendar year and then dividing the resulting sum by the number of days on which flow was measured. Data for this calculation must be taken from the permit holder's discharge monitoring reports. Permit holders using this means of calculating the number of their residential equivalents must submit with their application a complete set of copies of their discharge monitoring reports for the previous calendar year.
(g) Fee calculation procedures for holders of permits for domestic wastewater facilities.
(i) Municipalities holding permits for domestic wastewater facilities issued under RCW 90.48.162 and 90.48.260, and holders of permits for privately owned domestic wastewater facilities that primarily serve residential customers must complete a form certifying the number of residential equivalents served by their domestic wastewater system. The form must be completed and returned to the department within thirty days after it is mailed to the permit holder by the department. Failure to return the form could result in permit termination. (ii) The form shall bear a certification of correctness and be signed:
(A) In the case of a corporation, by an authorized corporate officer;
(B) In the case of a limited partnership, by an authorized partner;
(C) In the case of a general partnership, by an authorized partner;
(D) In the case of a sole proprietorship, by the proprietor; or
(E) In the case of a municipal or other public facility, by either a ranking elected official or a principal executive officer.
(iii) The department may verify the information contained in the form and, if it determines that the permit holder has made false statements, may, in addition to taking other actions provided by law, revise both current and previously granted fee determinations.
(h) The annual permit fee for a domestic wastewater facility with a Puget Sound nutrient general permit will be calculated at the rate of $0.31 per residential equivalent per year. The number of residential equivalents will be calculated as described in (g) of this subsection. The permit fee in this subsection will not be assessed for municipal domestic wastewater treatment facilities unless the legislature amends RCW 90.48.465(2) to authorize this fee. (4) STORMWATER PERMIT COVERAGES (UNLESS SPECIFICALLY CATEGORIZED ELSEWHERE IN WAC 173-224-040(2))
| FY2022 Annual Permit Fee | FY2023 Annual Permit Fee & Beyond |
a. | Individual Construction or Industrial Stormwater Permits | | |
| 1. | < 50 acres | $6,032.00 | | $6,032.00 | |
| 2. | 50 -< 100 acres | 12,054.00 | | 12,054.00 | |
| 3. | 100 -< 500 acres | 18,095.00 | | 18,095.00 | |
| 4. | 500 acres and greater | 24,122.00 | | 24,122.00 | |
b. | Facilities Covered Under the Industrial Stormwater General Permit | | |
| 1. | Municipalities and state agencies | 1,976.00 | | 1,976.00 | |
| 2. | New permit holders without historical gross revenue information | 1,035.00 | | 1,035.00 | |
| 3. | The permit fee for all other permit holders shall be based on the gross revenue of the business for the previous calendar year | | | | |
| | Gross Revenue | | | | |
| | | Less than $100,000 | 192.00 | | 192.00 | |
| | | $100,000 -< $1,000,000 | 832.00 | | 832.00 | |
| | | $1,000,000 -< $2,500,000 | 995.00 | | 995.00 | |
| | | $2,500,000 -< $5,000,000 | 1,663.00 | | 1,663.00 | |
| | | $5,000,000 -< $10,000,000 | 2,493.00 | | 2,493.00 | |
| | | $10,000,000 and greater | 3,012.00 | | 3,012.00 | |
To be eligible for less than the maximum permit fee, the permit holder must provide documentation to substantiate the gross revenue claims. Documentation shall be provided annually in a manner prescribed by the department. The documentation shall bear a certification of correctness and be signed:
(a) In the case of a corporation, by an authorized corporate officer;
(b) In the case of a limited partnership, by an authorized general partner;
(c) In the case of a general partnership, by an authorized partner; or
(d) In the case of a sole proprietorship, by the proprietor.
The department may verify the information contained in the submitted documentation and, if it determines that the permit holder has made false statements, may deny the adjustment, revoke previously granted fee adjustments, and/or take such other actions deemed appropriate or required under state or federal law.
Permitted Amount of Disturbed Acreage | FY 2022 Annual Permit Fee | FY 2023 Annual Permit Fee & Beyond |
c. | Construction Activities Covered Under the Construction Stormwater General Permit(s) | | |
| 1. | Less than 5 acres disturbed area | $780.00 | $780.00 |
| 2. | 5 -< 7 acres of disturbed area | 1,268.00 | 1,268.00 |
| 3. | 7 -< 10 acres of disturbed area | 1,712.00 | 1,712.00 |
| 4. | 10 -< 20 acres of disturbed area | 2,336.00 | 2,336.00 |
| 5. | 20 acres and greater of disturbed area | 2,906.00 | 2,906.00 |
(5) MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMITS
(a) Except as provided for in (d) of this subsection, the municipal stormwater permit annual fee for the entities listed below is:
Name of Entity | FY2022 Annual Permit Fee | FY2023 Annual Permit Fee & Beyond |
King County | $68,695.00 | $68,695.00 |
Snohomish County | 68,695.00 | 68,695.00 |
Pierce County | 68,695.00 | 68,695.00 |
Tacoma, City of | 68,695.00 | 68,695.00 |
Seattle, City of | 68,695.00 | 68,695.00 |
Washington Department of Transportation | 68,695.00 | 68,695.00 |
Clark County | 68,695.00 | 68,695.00 |
(b) Municipal stormwater general permit fees for cities and counties, except as otherwise provided for in (a), (c), and (d) of this subsection, are determined in the following manner: For fiscal years 2022 and 2023 and beyond, ecology will charge $1.99 per housing unit inside the geographic area covered by the permit for those cities and counties whose median household income exceeds the state average. Cities and counties whose median household income is less than the state average will have their fee per housing unit reduced to $.98 per housing unit inside the geographic area covered by the permit. Fees will not exceed $68,695.00 for fiscal years 2022 and 2023 and beyond. The minimum annual fee will not be lower than $2,856.00 for fiscal years 2022 and 2023 and beyond unless the permitted city or county has a median household income less than the state average. In this case, the city or county will pay a fee totaling $.98 per housing unit for fiscal years 2022 and 2023 and beyond.
(c) Other entities required to have permit coverage under a municipal stormwater general permit will pay an annual fee based on the entities' previous year's annual operating budget as follows:
Annual Operating Budget | FY2022 Annual Permit Fee | FY2023 Annual PermitFee & Beyond |
Less than $100,000 | $199.00 | $199.00 |
$100,000 - < $1,000,000 | 805.00 | 805.00 |
$1,000,000 - < $5,000,000 | 2,009.00 | 2,009.00 |
$5,000,000 - < $10,000,000 | 3,015.00 | 3,015.00 |
$10,000,000 and greater | 5,024.00 | 5,024.00 |
For the purposes of determining the annual permit fee category, the annual operating budget shall be the entities' annual operating budget for the entities' previous fiscal year and shall be determined as follows:
(i) For diking, drainage, irrigation, and flood control districts, the district's annual operating budget.
(ii) For ports, the annual operating budget for the port district.
(iii) For colleges, schools, and universities, the portion of the operating budget related to plant or facilities operation and maintenance for the site or sites subject to the permit.
(iv) For state agencies, the annual operating budget for the site or sites subject to the permit.
(v) For other entities not listed, ecology will consider annual revenue, and the noncapital operating budget for the site subject to the permit.
(d) Municipal stormwater permits written specifically for a single entity, such as a single city, county, or agency, issued after the effective date of this rule will have its annual fee determined in the following manner:
(i) For cities and counties listed in (a) of this subsection, the fee shall be five times the amount identified.
(ii) For cities and counties whose median household income exceeds the state average, the fee shall be the higher of either five times the otherwise applicable general permit fee or $30,000. For municipalities whose median household income is less than the state average, the fee shall be the higher of 2.5 times the otherwise applicable general permit fee or $15,000.
(iii) For entities that would otherwise be covered under a municipal stormwater general permit as determined in (c) of this subsection, the fiscal years 2022 and 2023 annual fee and beyond for a permit written for a specific entity is $14,290.00.
(e) Ecology will assess a single permit fee for entities which apply only as copermittees or coapplicants. The permit fee shall be equal to the highest single permit fee which would have been assessed if the copermittees had applied separately.))
(1) Application fee. In addition to an annual fee, first time individual permit applicants must pay a nonrefundable application fee of 25 percent of the annual permit fee, or $250, whichever is greater. An application fee is assessed for RCRA corrective action sites regardless of whether a new permit is issued or an existing permit for other than the discharge resulting from the RCRA corrective action, is modified.
(2) Minimum fee. The minimum water quality annual permit fee is $150.00, unless specified elsewhere in this section. The department may elect, at its discretion, to assess this minimum fee when no better permit fee category applies, or when a prorated annual permit fee falls below the minimum fee amount.
(3) INDUSTRIAL FACILITY ANNUAL PERMIT FEE SCHEDULE
The following industrial facilities must pay an annual permit fee as follows:
INDUSTRIAL FACILITY CATEGORIES | FY2024 ANNUAL PERMIT FEE | FY2025 ANNUAL PERMIT FEE |
Aluminum Alloys | $22,950 | $22,950 |
Aluminum and Magnesium Reduction Mills | | |
a. | NPDES Permit | 115,780 | 115,780 |
b. | State Permit | 57,900 | 57,900 |
Aluminum Forming | 72,830 | 77,100 |
Aquaculture | | |
a. | Finfish hatching and rearing - General Permit | 4,126 | 4,126 |
b. | Finfish hatching and rearing - Individual Permit | 5,900 | 5,900 |
c. | Nonfinfish hatching and rearing - Individual Permit | 5,900 | 5,900 |
Aquatic Pest Control Permits | | |
a. | Aquatic & Invasive Species Control (State agencies permits) | 8,000 | 8,000 |
b. | Aquatic Plant & Algae Management | 500 | 500 |
c. | Irrigation System Aquatic Weed Control | 710 | 710 |
d. | Mosquito Control | 500 | 500 |
e. | Noxious Weed Control (State agencies permits) | 8,000 | 8,000 |
f. | Oyster Growers | 500 | 500 |
Boatyards - General Permit | | |
a. | With stormwater only discharge | 570 | 600 |
b. | All others | 1,150 | 1,210 |
Boatyards - Individual Permit | | |
a. | With stormwater only discharge | 650 | 700 |
b. | All others | 1,200 | 1,250 |
Bridge and Ferry Terminals Washing | | |
a. | Single site Permit | | 4,200 | 4,200 |
b. | Multi site Permit | | | |
| 1. 1 - 5 Facilities | | 6,200 | 6,200 |
| 2. 6 - 10 Facilities | | 8,200 | 8,200 |
| 3. 11 - 20 Facilities | | 10,500 | 10,500 |
c. | WSDOT Annual Fee | | 13,500 | 13,500 |
Coal Mining and Preparation | | |
a. | < 200,000 tons per year | 9,000 | 9,000 |
b. | 200,000 - < 500,000 tons per year | 20,500 | 20,500 |
c. | 500,000 - < 1,000,000 tons per year | 36,500 | 36,500 |
d. | 1,000,000 tons per year and greater | 68,500 | 68,500 |
Combined Industrial Waste Treatment | | |
a. | < 10,000 gpd | 3,970 | 3,970 |
b. | 10,000 - < 50,000 gpd | 9,800 | 9,800 |
c. | 50,000 - < 100,000 gpd | 19,600 | 19,600 |
d. | 100,000 - < 500,000 gpd | 39,200 | 39,200 |
e. | 500,000 gpd and greater | 58,800 | 58,800 |
Combined Food Processing Waste Treatment Facilities | 19,800 | 21,000 |
Combined Sewer Overflow System | | |
a. | < 50 acres | 3,900 | 3,900 |
b. | 50 - < 100 acres | 9,800 | 9,800 |
c. | 100 - < 500 acres | 11,780 | 11,780 |
d. | 500 acres and greater | 15,700 | 15,700 |
Commercial Laundry | 575 | 575 |
Concentrated Animal Feeding Operation (CAFO) - Dairy GP | $0.52 per animal unit, not to exceed $2,190 | $0.54 per animal unit, not to exceed $2,320 |
Concentrated Animal Feeding Operation (CAFO) - Dairy IP | $0.66 per animal unit, not to exceed $2,850 | $0.70 per animal unit, not to exceed $3,020 |
|
Concentrated Animal Feeding Operation (CAFO) - General Permit |
Size of CAFO by Animal Type and Animal Count | SMALL | MEDIUM | LARGE |
FY2024 and FY2025 Annual Fee | $350 | $1,500 | $3,500 |
a. | Veal Calves | < 300 | 300 - 999 | 1,000 and greater |
b. | Other Cattle | < 300 | 300 - 999 | 1,000 and greater |
c. | Swine (55 lbs or more) | < 700 | 700 - 2,499 | 2,500 and greater |
d. | Swine (less than 55 lbs) | < 3,000 | 3,000 - 9,999 | 10,000 and greater |
e. | Horses | < 150 | 150 - 499 | 500 and greater |
f. | Sheep and Lambs | < 3,000 | 3,000 - 9,999 | 10,000 and greater |
g. | Turkeys | < 16,500 | 16,500 - 54,999 | 55,000 and greater |
h. | Chickens, including laying hens or broilers, with liquid waste system | < 9,000 | 9,000 - 29,999 | 30,000 and greater |
i. | Chickens, other than layers, with dry waste system | < 25,000 | 25,000 - 81,999 | 82,000 and greater |
j. | Laying Hens, with dry waste system | < 25,000 | 25,000 - 81,999 | 82,000 and greater |
k. | Ducks, with liquid waste system | < 1,500 | 1,500 - 4,999 | 5,000 and greater |
l. | Ducks, with dry waste system | < 10,000 | 10,000 - 29,999 | 30,000 and greater |
m. | Other Species | As determined by Department | As determined by Department | As determined by Department |
|
Concentrated Animal Feeding Operation (CAFO) - Individual Permit | $5,000 | $5,000 |
Facilities Not Otherwise Classified | | |
a. | < 1,000 gpd | 1,960 | 1,960 |
b. | 1,000 - < 10,000 gpd | 3,930 | 3,930 |
c. | 10,000 - < 50,000 gpd | 9,820 | 9,820 |
d. | 50,000 - < 100,000 gpd | 15,700 | 15,700 |
e. | 100,000 - < 500,000 gpd | 31,260 | 31,260 |
f. | 500,000 - < 1,000,000 gpd | 39,270 | 39,270 |
g. | 1,000,000 gpd and greater | 58,900 | 58,900 |
Flavor Extraction | | |
a. | Steam Distillation | 215 | 230 |
Food Processing | | |
a. | < 1,000 gpd | 1,960 | 1,960 |
b. | 1,000 - < 10,000 gpd | 5,000 | 5,000 |
c. | 10,000 - < 50,000 gpd | 8,930 | 8,930 |
d. | 50,000 - < 100,000 gpd | 14,040 | 14,040 |
e. | 100,000 - < 250,000 gpd | 19,630 | 19,630 |
f. | 250,000 - < 500,000 gpd | 25,820 | 25,820 |
g. | 500,000 - < 750,000 gpd | 32,400 | 32,400 |
h. | 750,000 - < 1,000,000 gpd | 39,270 | 39,270 |
i. | 1,000,000 - < 2,500,000 gpd | 48,370 | 48,370 |
j. | 2,500,000 - < 5,000,000 gpd | 53,990 | 53,990 |
k. | 5,000,000 gpd and greater | 58,900 | 58,900 |
Fruit Packing - General Permit | | |
a. | 0 - < 1,000 bins per year | 275 | 275 |
b. | 1,000 - < 5,000 bins per year | 550 | 550 |
c. | 5,000 - < 10,000 bins per year | 1,100 | 1,100 |
d. | 10,000 - < 15,000 bins per year | 2,200 | 2,200 |
e. | 15,000 - < 20,000 bins per year | 3,640 | 3,640 |
f. | 20,000 - < 25,000 bins per year | 5,080 | 5,080 |
g. | 25,000 - < 50,000 bins per year | 6,800 | 6,800 |
h. | 50,000 - < 75,000 bins per year | 7,560 | 7,560 |
i. | 75,000 - < 100,000 bins per year | 8,790 | 8,790 |
j. | 100,000 - < 125,000 bins per year | 10,990 | 10,990 |
k. | 125,000 - < 150,000 bins per year | 13,740 | 13,740 |
l. | 150,000 bins per year and greater | 16,490 | 16,490 |
Fruit Packing - Individual Permit | | |
a. | 0 - < 1,000 bins per year | 390 | 390 |
b. | 1,000 - < 5,000 bins per year | 790 | 790 |
c. | 5,000 - < 10,000 bins per year | 1,570 | 1,570 |
d. | 10,000 - < 15,000 bins per year | 3,140 | 3,140 |
e. | 15,000 - < 20,000 bins per year | 5,200 | 5,200 |
f. | 20,000 - < 25,000 bins per year | 7,260 | 7,260 |
g. | 25,000 - < 50,000 bins per year | 9,720 | 9,720 |
h. | 50,000 - < 75,000 bins per year | 10,800 | 10,800 |
i. | 75,000 - < 100,000 bins per year | 12,560 | 12,560 |
j. | 100,000 - < 125,000 bins per year | 15,700 | 15,700 |
k. | 125,000 - < 150,000 bins per year | 19,630 | 19,630 |
l. | 150,000 bins per year and greater | 23,520 | 23,520 |
Fuel and Chemical Storage | | |
a. | < 50,000 bbls | 2,080 | 2,180 |
b. | 50,000 - < 100,000 bbls | 4,150 | 4,300 |
c. | 100,000 - < 500,000 bbls | 10,400 | 11,000 |
d. | 500,000 bbls and greater | 20,700 | 21,800 |
Hazardous Waste Cleanup Sites | | |
a. | Leaking Underground Storage Tanks (LUST) | | |
| 1. State Permit | 5,150 | 5,150 |
| 2. NPDES Permit issued pre 7/1/1994 | 5,150 | 5,150 |
| 3. NPDES Permit issued post 7/1/1994 | 10,300 | 10,300 |
b. | Non-LUST Sites | | |
| 1. 1 or 2 contaminants of concern | 10,070 | 10,070 |
| 2. ˃ 2 contaminants of concern | 20,140 | 20,140 |
Ink Formulation and Printing | | |
a. | Commercial Print Shops | 3,020 | 3,020 |
b. | Newspapers | 5,040 | 5,040 |
c. | Package Printing | 8,060 | 8,060 |
d. | Ink Formulation | 10,070 | 10,070 |
Inorganic Chemicals Manufacturing | | |
a. | Lime Products | 9,820 | 9,820 |
b. | Fertilizer | 11,820 | 11,820 |
c. | Peroxide | 15,700 | 15,700 |
d. | Alkaline Earth Salts | 19,640 | 19,640 |
e. | Metal Salts | 27,480 | 27,480 |
f. | Acid Manufacturing | 38,940 | 38,940 |
g. | Chlor-alkali | 78,530 | 78,530 |
Iron and Steel | | |
a. | Foundries | 22,900 | 22,900 |
b. | Mills | 45,940 | 45,940 |
Metal Finishing | | |
a. | < 1,000 gpd | 2,750 | 2,750 |
b. | 1,000 - < 10,000 gpd | 4,590 | 4,590 |
c. | 10,000 - < 50,000 gpd | 11,470 | 11,470 |
d. | 50,000 - < 100,000 gpd | 22,950 | 22,950 |
e. | 100,000 - < 500,000 gpd | 45,900 | 45,900 |
f. | 500,000 gpd and greater | 68,840 | 68,840 |
Noncontact Cooling Water with Additives - General Permit | | |
a. | < 1,000 gpd | 860 | 860 |
b. | 1,000 - < 10,000 gpd | 1,720 | 1,720 |
c. | 10,000 - < 50,000 gpd | 2,580 | 2,580 |
d. | 50,000 - < 100,000 gpd | 6,010 | 6,010 |
e. | 100,000 - < 500,000 gpd | 10,300 | 10,300 |
f. | 500,000 - < 1,000,000 gpd | 14,600 | 14,600 |
g. | 1,000,000 - < 2,500,000 gpd | 18,900 | 18,900 |
h. | 2,500,000 - < 5,000,000 gpd | 23,190 | 23,190 |
i. | 5,000,000 gpd and greater | 27,480 | 27,480 |
Noncontact Cooling Water without Additives - General Permit | | |
a. | < 1,000 gpd | 690 | 690 |
b. | 1,000 - < 10,000 gpd | 1,380 | 1,380 |
c. | 10,000 - < 50,000 gpd | 2,060 | 2,060 |
d. | 50,000 - < 100,000 gpd | 4,810 | 4,810 |
e. | 100,000 - < 500,000 gpd | 8,250 | 8,250 |
f. | 500,000 - < 1,000,000 gpd | 11,680 | 11,680 |
g. | 1,000,000 - < 2,500,000 gpd | 15,120 | 15,120 |
h. | 2,500,000 - < 5,000,000 gpd | 18,550 | 18,550 |
i. | 5,000,000 gpd and greater | 21,990 | 21,990 |
Noncontact Cooling Water with Additives - Individual Permit | | |
a. | < 1,000 gpd | 1,230 | 1,230 |
b. | 1,000 - < 10,000 gpd | 2,000 | 2,000 |
c. | 10,000 - < 50,000 gpd | 3,680 | 3,680 |
d. | 50,000 - < 100,000 gpd | 8,590 | 8,590 |
e. | 100,000 - < 500,000 gpd | 14,720 | 14,720 |
f. | 500,000 - < 1,000,000 gpd | 20,860 | 20,860 |
g. | 1,000,000 - < 2,500,000 gpd | 27,000 | 27,000 |
h. | 2,500,000 - < 5,000,000 gpd | 32,990 | 32,990 |
i. | 5,000,000 gpd and greater | 39,270 | 39,270 |
Noncontact Cooling Water without Additives - Individual Permit | | |
a. | < 1,000 gpd | 980 | 980 |
b. | 1,000 - < 10,000 gpd | 1,960 | 1,960 |
c. | 10,000 - < 50,000 gpd | 2,950 | 2,950 |
d. | 50,000 - < 100,000 gpd | 6,870 | 6,870 |
e. | 100,000 - < 500,000 gpd | 11,780 | 11,780 |
f. | 500,000 - < 1,000,000 gpd | 16,690 | 16,690 |
g. | 1,000,000 - < 2,500,000 gpd | 21,510 | 21,510 |
h. | 2,500,000 - < 5,000,000 gpd | 26,500 | 26,500 |
i. | 5,000,000 gpd and greater | 31,410 | 31,410 |
Nonferrous Metals Forming | 22,950 | 22,950 |
Ore Mining | | |
a. | Ore mining | 4,800 | 4,800 |
b. | Ore mining with physical concentration processes | 9,600 | 9,600 |
c. | Ore mining with physical and chemical concentration processes | 38,300 | 38,300 |
Organic Chemicals Manufacturing | | |
a. | Fertilizer | 19,640 | 19,640 |
b. | Aliphatic | 39,260 | 39,260 |
c. | Aromatic | 58,900 | 58,900 |
Petroleum Refining | | |
a. | < 10,000 bbls per day | 39,260 | 39,260 |
b. | 10,000 - < 50,000 bbls per day | 77,850 | 77,850 |
c. | 50,000 bbls per day and greater | 157,000 | 157,000 |
Photofinishers | | |
a. | < 1,000 gpd | 1,570 | 1,570 |
b. | 1,000 and greater | 3,930 | 3,900 |
Power and/or Steam Plants | | |
a. | Steam generation - nonelectric | 8,300 | 8,300 |
b. | Hydroelectric | 8,300 | 8,300 |
c. | Nonfossil fuel | 12,400 | 12,400 |
d. | Fossil fuel | 33,000 | 33,000 |
Pulp, Paper, and Paper Board | | |
a. | Fiber Recyclers/Nonwood Pulp Mills | 19,600 | 19,600 |
b. | Paper Mills | 39,250 | 39,250 |
c. | Groundwood Pulp Mills | | |
| 1. < 300 tons per day | 58,900 | 58,900 |
| 2. ˃ 300 tons per day | 117,800 | 117,800 |
d. | Chemical Pulps Mills w/o chlorine bleaching | 157,070 | 157,070 |
e. | Chemical Pulp Mills with chlorine bleaching | 176,700 | 176,700 |
Radioactive Effluents and Discharges (RED) | | |
a. | < 3 waste streams | 38,000 | 38,000 |
b. | 3 - < 8 waste streams | 66,000 | 66,000 |
c. | 8 waste streams and more | 108,500 | 108,500 |
RCRA Corrective Action Sites | 27,600 | 27,600 |
| | | |
Sand and Gravel - General Permit | | |
a. | Mining Activities | | |
| 1. Mining, screening, washing, and/or crushing | 2,550 | 2,550 |
| 2. Nonoperating | 150 | 150 |
b. | Asphalt Production and Recycling | | |
| 1. 0 - < 50,000 tons per year | 1,070 | 1,070 |
| 2. 50,000 - < 300,000 tons per year | 2,550 | 2,550 |
| 3. 300,000 tons per year and greater | 3,180 | 3,180 |
| 4. Nonoperating | 150 | 150 |
c. | Concrete Production and Recycling | | |
| 1. 0 - < 25,000 cubic yards per year | 1,070 | 1,070 |
| 2. 25,000 - < 200,000 cubic yards per year | 2,550 | 2,550 |
| 3. 200,000 cubic yards per year and greater | 3,180 | 3,180 |
| 4. Nonoperating | 150 | 150 |
d. | Portable Facility | | |
| 1. Rock crushing | 2,700 | 2,700 |
| 2. Asphalt | 2,700 | 2,700 |
| 3. Concrete | 2,700 | 2,700 |
| 4. Nonoperating | 165 | 165 |
Sand and Gravel - Individual Permit | | |
a. | Mining Activities | | |
| 1. Mining, screening, washing, and/or crushing | 3,580 | 3,580 |
| 2. Nonoperating | 175 | 175 |
b. | Asphalt Production and Recycling | | |
| 1. 0 - < 50,000 tons per year | 1,550 | 1,550 |
| 2. 50,000 - < 300,000 tons per year | 3,580 | 3,580 |
| 3. 300,000 tons per year and greater | 4,480 | 4,480 |
| 4. Nonoperating | 175 | 175 |
c. | Concrete Production and Recycling | | |
| 1. 0 - < 25,000 cubic yards per year | 1,550 | 1,550 |
| 2. 25,000 - < 200,000 cubic yards per year | 3,580 | 3,580 |
| 3. 200,000 cubic yards per year and greater | 4,480 | 4,480 |
| 4. Nonoperating | 175 | 175 |
d. | Portable Facility | | |
| 1. Rock crushing | 3,700 | 3,700 |
| 2. Asphalt | 3,700 | 3,700 |
| 3. Concrete | 3,700 | 3,700 |
| 4. Nonoperating | 200 | 200 |
| The sand and gravel annual fee is the sum of the applicable fees for the permitted activities. | | |
Seafood Processing | | |
a. | < 1,000 gpd | 1,960 | 1,960 |
b. | 1,000 - < 10,000 gpd | 5,000 | 5,000 |
c. | 10,000 - < 50,000 gpd | 8,930 | 8,930 |
d. | 50,000 - < 100,000 gpd | 14,040 | 14,040 |
e. | 100,000 gpd or greater | 19,640 | 19,640 |
Shipyards | | |
a. | Per crane, travel lift, small boat lift | 4,820 | 4,820 |
b. | Per drydock under 250 feet in length | 4,820 | 4,820 |
c. | Per graving dock | 4,820 | 4,800 |
d. | Per marine way/ramp | 7,230 | 7,230 |
e. | Per syncolift | 7,230 | 7,230 |
f. | Per drydock 250 feet and over in length | 9,640 | 9,640 |
g. | In-water vessel maintenance | 9,640 | 9,640 |
| The shipyard annual fee is the sum of the fees for applicable subcategories. | | |
Solid Waste Sites (nonstormwater) | | |
a. | Nonputrescible | 7,850 | 7,850 |
b. | < 50 acres | 15,700 | 15,700 |
c. | 50 - < 100 acres | 31,410 | 31,410 |
d. | 100 - < 250 acres | 39,260 | 39,260 |
e. | 250 acres and greater | 58,900 | 58,900 |
Textile Mills | 78,500 | 78,500 |
Timber Products | | |
a. | Log Storage | 3,930 | 3,930 |
b. | Veneer | 7,850 | 7,850 |
c. | Sawmills | 15,700 | 15,700 |
d. | Hardwood, Plywood | 27,480 | 27,480 |
e. | Wood Preserving | 37,700 | 37,700 |
Vegetable/Bulb Washing Facilities | | |
a. | < 1,000 gpd | 150 | 200 |
b. | 1,000 - < 5,000 gpd | 280 | 300 |
c. | 5,000 - < 10,000 gpd | 550 | 600 |
d. | 10,000 - < 20,000 gpd | 1,100 | 1,180 |
e. | 20,000 gpd and greater | 1,830 | 1,930 |
Vehicle Maintenance and Freight Transfer | | |
a. | < 0.5 acre | 3,930 | 3,930 |
b. | 0.5 - < 1.0 acre | 7,850 | 7,850 |
c. | 1.0 acre and greater | 11,780 | 11,780 |
Vessel Deconstruction | | |
a. | Base Fee | 3,160 | 3,160 |
b. | On land (per project) | 3,550 | 3,550 |
c. | On barge or drydock (per project) | 4,850 | 4,850 |
d. | In-Water (per project) | 18,700 | 18,700 |
| The vessel deconstruction annual fee is the sum of the base fee and applicable subcategories. | | |
Water Plants - General Permit | 3,700 | 3,700 |
Water Plants - Individual Permit | 5,300 | 5,300 |
Wineries - General Permit | | |
a. | < 24,999 gpy | 300 | 300 |
b. | 25,000 - < 39,999 gpy | 440 | 440 |
c. | 40,000 - < 54,999 gpy | 680 | 680 |
d. | 55,000 - < 69,999 gpy | 910 | 910 |
e. | 70,000 - < 99,999 gpy | 1,150 | 1,150 |
f. | 100,000 - < 299,999 gpy | 1,660 | 1,660 |
g. | 300,000 - < 699,999 gpy | 4,970 | 4,970 |
h. | 700,000 - < 999,999 gpy | 11,600 | 11,600 |
i. | 1,000,000 - < 1,999,999 gpy | 16,600 | 16,600 |
j. | 2,000,000 gpy and greater | 33,200 | 33,200 |
Wineries - Individual Permit | | |
a. | < 24,999 gpy | 430 | 430 |
b. | 25,000 - < 39,999 gpy | 630 | 630 |
c. | 40,000 - < 54,999 gpy | 960 | 960 |
d. | 55,000 - < 69,999 gpy | 1,300 | 1,300 |
e. | 70,000 - < 99,999 gpy | 1,650 | 1,650 |
f. | 100,000 - < 299,999 gpy | 2,370 | 2,370 |
g. | 300,000 - < 699,999 gpy | 7,110 | 7,110 |
h. | 700,000 - < 999,999 gpy | 16,600 | 16,600 |
i. | 1,000,000 - < 1,999,999 gpy | 23,760 | 23,760 |
j. | 2,000,000 gpy and greater | 47,000 | 47,000 |
(a) Facilities are assessed a fee or fees that best aligns with the category and subcategory relevant to their water quality discharge. Except for CAFO, RCRA, sand and gravel, shipyard, and vessel deconstruction that operate within multiple fee subcategories, if the facility fits within several categories or subcategories, then the permit holder is assessed the highest fee.
(b) CAFO, fruit packing, sand and gravel, vessel deconstruction and winery permit holders must submit information to the department certifying annual unit amounts or production during the previous calendar year. The permit holder must submit the information to the department by the required due date. Failure to provide this information will result in a fee determination based on the highest subcategory for which the facility has received permit coverage.
(c) Information submitted on the required form must include a signature certifying the information is correct:
(i) For a corporation, by an authorized corporate officer;
(ii) For a limited partnership, by an authorized partner;
(iii) For a general partnership, by an authorized general partner; or
(iv) For a sole proprietorship, by the proprietor.
(d) The department may verify information submitted and, if it determines that false statements have been made, it will, revise both current and previously granted fee determinations as appropriate, in addition to taking other actions provided by law.
(e) Fees for fruit packing facilities discharging only noncontact cooling water without additives shall pay the lesser of the applicable fee in the fruit packing or noncontact cooling water without additives categories. Any inactive fruit packing facility shall be assessed the lowest bin per year fee or lowest noncontact cooling water fee, as determined by the department.
(f) Where no clear industrial facility category exists for placement of a permit holder, the department will place the permit holder in a category with dischargers or permit holders that contain or use similar properties or processes or a category that contains similar permitting complexities. If no such category exists, the department will assess the minimum permit fee as specified in this section, until an appropriate permit fee category can be added to the rule.
(g) Hazardous waste cleanup sites and EPA authorized RCRA corrective action sites where the department has begun cost recovery through chapter 70A.305 RCW shall not pay an annual permit fee under this chapter until such time as the cost recovery under chapter 70A.305 RCW ceases. (h) Any permit holder (with the exception of nonoperating portable facilities and fruit packing operations), who has not been in continuous operation within a consecutive 18-month period to include the assessed fiscal year or who commits to not being in operation for a consecutive 18-month period or longer may request their annual permit fee be reduced to the inactive rate by submitting the required request form. The inactive rate is 25 percent of the annual permit fee that would otherwise be assessed. The inactive status may be verified by the appropriate department staff. After the inactive status for the 18-month period ends, the permit fee returns to the full amount. The permit holder must submit another form to extend the inactive rate for another 18 months.
If a permit holder resumes operations during the 18-month inactive status, the full permit fee is due for that fiscal year. The inactive rate fee paid, will be applied to the full fee due.
(i) Facilities with subcategories based on gallons per day (gpd) shall have their annual permit fee determined by using the maximum daily flow or maximum monthly average permitted flow in gallons per day as specified in the waste discharge permit, whichever is greater.
(j) RCRA corrective action sites requiring a waste discharge permit are assessed a separate annual permit fee regardless of whether the discharge is authorized by a separate permit or by a modification to an existing permit for a discharge other than that resulting from the corrective action.
(4) MUNICIPAL AND DOMESTIC WASTEWATER FACILITIES ANNUAL PERMIT FEE SCHEDULE
The following municipal and domestic wastewater facilities must pay an annual permit fee as follows:
(a) The annual permit fee for a permit held by a municipality or federally recognized tribe for a domestic wastewater facility issued under RCW 90.48.162 or 90.48.260 is determined as follows: Residential Equivalents (RE) | FY2024 Permit Fee | FY2025 Permit Fee |
The annual fee is calculated by multiplying the number of REs by the FY per RE rate, for permit holders with 100 or more REs | | |
For permit holders with less than 100 REs, a flat fee will be assessed | | |
Less than 100 REs (Minimum Muni WW Fee) | $250 flat fee | $250 flat fee |
100 and more REs | | |
< 250,000 REs | $3.43 per RE | $3.43 per RE |
Greater than 250,000 REs | $3.43 per RE | $3.43 per RE |
(b) The annual permit fee for privately owned or public-owned domestic wastewater facilities that do not primarily serve residential customers and for state-owned domestic wastewater facilities is determined by using the design flow, or maximum daily flow or maximum monthly average permitted flow in million gallons per day, whichever is greater, as specified in the waste discharge permit. The annual fees for flow-based facilities are as follows:
Tiered Flow-Based Fee | FY2024 Annual Permit Fee | FY2025 Annual Permit Fee |
.1 MGD and greater | $12,000 | $12,000 |
.05 MGD - < .1 MGD | $6,000 | $6,000 |
.01 MGD - < .05 MGD | $3,000 | $3,000 |
.005 MGD - < .01 MGD | $1,500 | $1,500 |
.001 MGD - < .005 MGD | $750 | $750 |
Less than .001 MGD | $375 | $375 |
(c) Instructions for calculating residential equivalents and reporting flow are provided on annual forms sent by the department to permit holders each year. Permit holders are required to complete and return the forms and any required back-up documentation to the department by the specified due date. Failure to return the annual form and any required back-up documentation will result in a permit fee as determined by the department.
(i) The annual forms must include a signature certifying the provided information is correct:
(A) For a corporation, by an authorized corporate officer;
(B) For a limited partnership, by an authorized partner;
(C) For a general partnership, by an authorized partner;
(D) For a sole proprietorship, by the proprietor; or
(E) For a municipal or other public facility, by either a ranking elected official or a principal executive officer.
(ii) The department may verify the information contained in the submitted documentation and, if it determines that the permit holder has made false statements, will, revise both current and previously granted fee determinations as appropriate, in addition to taking other actions provided by law.
(d) The annual permit fee for a domestic wastewater facility with a Puget Sound nutrient general permit will be calculated at the rate of $0.31 per residential equivalent per year or the $250 minimum wastewater fee described in this section, as determined by the department. The number of residential equivalents will be calculated based on information provided on the forms required in this section.
(5) CONSTRUCTION AND INDUSTRIAL STORMWATER ANNUAL PERMIT FEE SCHEDULE
(a) Unless specifically addressed elsewhere in this section, the following construction and industrial stormwater permit holders must pay an annual permit fee as follows:
| FY204 Annual Permit Fee | FY2025 Annual Permit Fee |
a. Construction and Industrial Stormwater - Individual Permits | | |
| 1. < 50 acres | $6,250 | $6,350 |
| 2. 50 - < 100 acres | 12,500 | 12,750 |
| 3. 100 - < 500 acres | 18,730 | 19,030 |
| 4. 500 acres and greater | 25,500 | 26,000 |
b. Industrial Stormwater General Permit (ISGP) | | |
| 1. Municipalities and state agencies | 2,100 | 2,100 |
| 2. New permit holders who have not previously submitted an annual gross revenue form | 1,100 | 1,100 |
| 3. All other ISGP permit holders will have a fee based on the annual gross revenue reporting | | |
| Gross Revenue Subcategories | | |
| Less than $100,000 | 200 | 200 |
| $100,000 - < $500,000 | 500 | 500 |
| $500,000 - < $1,000,000 | 750 | 750 |
| $1,000,000 - < $2,500,000 | 1,020 | 1,020 |
| $2,500,000 - < $5,000,000 | 1,700 | 1,700 |
| $5,000,000 - < $10,000,000 | 2,540 | 2,540 |
| $10,000,000 - < $15,000,000 | 3,020 | 3,020 |
| $15,000,000 - < $20,000,000 | 3,250 | 3,250 |
| $20,000,000 and greater | 3,400 | 3,400 |
c. Construction Stormwater General Permit (CSWGP) | | |
| 1. Less than 1 acre | 500 | 500 |
| 2. 1 - < 5 acres | 780 | 780 |
| 3. 5 - < 7 acres | 1,280 | 1,280 |
| 4. 7 - < 10 acres | 1,720 | 1,720 |
| 5. 10 - < 20 acres | 2,350 | 2,350 |
| 6. 20 - < 50 acres | 2,920 | 2,920 |
| 7. 50 - < 100 acres | 3,100 | 3,100 |
| 8. 100 - < 500 acres | 3,300 | 3,300 |
| 9. 500 - < 1,000 acres | 3,500 | 3,500 |
| 10. 1,000 and more acres | 3,700 | 3,700 |
(b) For industrial stormwater general permit holders assessed fees based on gross revenue, the permit holder must provide gross revenue information on the required form annually. Forms will be provided annually by the department and with a specified due date. Failure to provide this information will result in a fee determination based on the highest subcategory for which the facility has permit coverage. Submitted forms must include a signature certifying the provided information is correct:
(i) For a corporation, by an authorized corporate officer;
(ii) For a limited partnership, by an authorized general partner;
(iii) For a general partnership, by an authorized partner; or
(iv) For a sole proprietorship, by the proprietor.
(c) The department may verify the information contained in the submitted documentation and, if it determines that the permit holder has made false statements, will revise both current and previous granted fee determinations as appropriate in addition to taking other actions provided by law.
(6) MUNICIPAL STORMWATER ANNUAL PERMIT FEE SCHEDULE
(a) Municipal stormwater phase 1 general permit holders must pay an annual permit fee as follows:
Name of Entity | FY2024 Annual Permit Fee | FY2025 Annual Permit Fee |
Clark County | $72,665 | $76,916 |
King County | 72,665 | 76,916 |
Pierce County | 72,665 | 76,916 |
Seattle, City of | 72,665 | 76,916 |
Snohomish County | 72,665 | 76,916 |
Tacoma, City of | 72,665 | 76,916 |
WSDOT | 72,665 | 76,916 |
(b) Municipal stormwater phase 2 general permit holders pay a fee for fiscal year 2024 and 2025 based on the most recently available census estimations for median household income for cities and counties as follows:
(i) For cities and counties with a median household income level above the state average, the annual permit fee is $2.04 per housing unit inside the geographic area covered by the permit, with a not-to-exceed amount of $72,665 in fiscal year 2024, and $76,916 in fiscal year 2025. The minimum annual permit fee is $3,000.
(ii) For cities and counties with a median household income level below the state average, the annual permit fee is $1.04 per housing unit inside the geographic area covered by the permit. The minimum annual permit fee is $150.
(c) Other entities (phase 1 and 2 secondary facilities) with a municipal stormwater general permit must pay an annual permit fee based on the entities' previous calendar year annual operating budget for the facilities covered under the stormwater permit as follows:
Other Entities' Annual Stormwater Facility Operating Budget | FY2024 Annual Permit Fee | FY2025 Annual Permit Fee |
Less than $100,000 | $200 | $200 |
$100,000 - < $1,000,000 | 805 | 805 |
$1,000,000 - < $5,000,000 | 2,010 | 2,010 |
$5,000,000 - < $10,000,000 | 3,020 | 3,020 |
$10,000,000 and greater | 5,024 | 5,024 |
(d) Stormwater permit holders assessed fees under (b) of this subsection must complete an annual form provided by department, certifying the number of housing units served by their system. Permit holders under (c) of this subsection must complete an annual form provided by the department supplying their annual operating budget. The forms must be completed and returned to the department annually within the time frame specified on the forms. Failure to return the form will result in an annual permit fee as determined by the department.
(e) One annual permit fee will be assessed for entities that apply as copermittees or coapplicants and are assigned one permit number. The annual permit fee will be equal to the highest single permit fee that would have been assessed if the copermittees had applied separately. The copermittee responsible for paying annual permit fees will be identified in the permit.
AMENDATORY SECTION(Amending WSR 21-13-150, filed 6/22/21, effective 7/23/21)
WAC 173-224-050Permit fee computation and payments.
(1) The department ((shall charge))assesses annual permit fees based on the permit fee schedule ((contained)) in WAC 173-224-040. The department ((may charge fees))issues invoices at the beginning of the fiscal year to which they apply. The department ((shall))will notify permit holders of annual permit fee charges by either sending an invoice to the ((permittee))permit holder on record or making the invoice available online. ((The department must receive permit fee))Payments are due by the date on the invoice, which is typically within ((forty-five))45 days ((after the department sends a billing statement))of the invoice issue date. The department may elect to ((bill))invoice the annual permit fee to permit holders ((a prorated portion of the annual fee)) on a monthly, quarterly, or other periodic basis. It is the permit holder's responsibility to ensure that the department has the correct billing address on file.
(2) Permit fee computation ((
shall)) begin
s on the first day of each fiscal year. ((
In the case of facilities or activities not previously covered by))
For newly issued permits, fee computation begins on the permit issuance date
and shall not fall below the minimum permit fee as specified in WAC 173-224-040(2). In the case of applicants for state waste discharge permits who are deemed to have a temporary permit under RCW
90.48.200, computation shall begin on the ((
sixty-first))
61st day after the department accepts a completed application. ((
In the case of))
(3) For existing NPDES permit holders who submit a ((new, updated))renewal permit application or a permit modification request containing information that ((could))may change their assigned permit fee, computation and permit fee category reassignment begins ((upon))on the date the department ((accepts the application))issues the renewed permit or permit modification.
(4) Any facility that obtains permit coverage but fails to operate ((will))is still ((be)) obligated to pay the annual permit fee assessment in this chapter until the department terminates permit coverage. Permits terminated during the fiscal year will pay the full annual fee assessment regardless of the permit termination date.
(((3)))(5) Annual permit fees for sand and gravel general permit holders are assessed as in ((subsection (2) of this section))WAC 173-224-040(3) and:
(a) Nonoperating sites. A facility conducting mining, screening, washing ((and/or))or crushing activities, excluding portable rock crushing operations, is considered nonoperating for fee purposes if they are conducting these activities for less than ((ninety))90 cumulative days during a calendar year. A facility producing or recycling no asphalt ((and/or))or concrete during the calendar year is also considered nonoperating for fee purposes.
(b) Nonoperating sites that become active for only concrete ((and/or))or asphalt production or recycling are assessed a prorated fee for the actual time ((inactive))nonoperational. For the actual time a concrete ((and/or))or asphalt facility is active, excluding asphalt portable batch plants and concrete portable batch plants, fees are based on total production or recycled amount of concrete ((and/or))or asphalt.
(c) Fees for continuously active sites that produce or recycle concrete ((and/or))or asphalt, excluding asphalt portable batch plants and concrete portable batch plants, are based on the previous calendar year production totals. Existing facilities must provide the department with the production or recycled totals for concrete ((and/or))or asphalt produced or recycled during the previous calendar year. New facilities with no historical asphalt ((and/or))or concrete production or recycling data will have their first year fee based on the production or recycling levels reported ((on))in the permit application ((for coverage under the National Pollutant Discharge Elimination System and State Waste Discharge Permit for Process Water, Stormwater, and Mine Dewatering Water Discharges Associated with Sand and Gravel Operations, Rock Quarries and Similar Mining Facilities including Stockpiles of Mined Materials, Concrete Batch Operations and Asphalt Batch Operations general permit)).
(((4)))(6) Fees for fruit ((packer))packing general permit holders are assessed as in ((subsection (2) of this section))WAC 173-224-040(3) and are computed based on the three previous calendar years production totals. Existing facilities must provide the department with the production totals in the manner described in WAC 173-224-040 (((2)(c)))(3)(b). New facilities with no historical production data will have their first year fee based on the estimated production level for that year. The second year fee is determined based on the actual production during the first year. Fee calculation for subsequent years will be based on the average production values of previous years.
(((5)))(7) Facilities with construction and industrial stormwater general permit coverage will have their annual permit fees begin on the permit issuance date.
(((6) Permit fee accrual will))(8) Annual permit fees continue until the permit has been terminated by the department regardless ((if))of whether the activity covered under the permit has already ceased.
(((7) Facilities with an existing NPDES and/or state wastewater discharge permit who also have obtained industrial and/or construction stormwater general permit coverage shall only pay an annual fee based on the permit with the highest permit fee category assessment.
(8)))(9) Computation of fees shall end on June 30th, the last day of the state's fiscal year regardless of the permit termination date.
(((9)))(10) The applicable permit fee shall be paid using ((ecology's))the department's online payment ((software))system or by check or money order payable to the "Department of Ecology" and mailed to the ((Water Quality Permit Fee Program))Cashiering Office, P.O. Box 47611, Olympia, Washington 98504-7611.
(((10)))(11) In the event a check is returned due to insufficient funds, the department shall consider the permit fee to be unpaid.
(((11) Delinquent accounts.))(12) Permit holders are considered delinquent in the payment of annual permit fees if the fees are not received by the first invoice ((billing)) due date. Delinquent accounts are processed in the following manner:
(a) Municipal and government entities ((shall))and Native American tribes will be notified by regular mail or email that they have ((forty-five))45 days to ((bring the delinquent account up-to-date))pay outstanding invoices. Accounts that remain delinquent after ((forty-five))45 days may receive a ((permit revocation letter))notice of penalty for nonpayment of fees.
(b) Nonmunicipal or nongovernment permit holders ((
shall))
will be notified by the department by regular mail
or email that they have ((
forty-five))
45 days to ((
bring the delinquent account up-to-date))
pay outstanding invoices. Accounts that remain delinquent after ((
forty-five))
45 days may
receive a notice of penalty and may be ((
turned over for))
referred to a collection
s agency. In addition to the amount owed, the collection agent may add a fee to the delinquent amount owed as authorized by RCW
19.16.500. If the collection agency fails to recover the delinquent fees ((
after twelve months)), the permit holder may receive a permit revocation letter for nonpayment of fees.
AMENDATORY SECTION(Amending WSR 89-12-027 and 90-07-015, filed 5/31/89 and 3/13/90, effective 4/13/90)
WAC 173-224-060Permits issued by other governmental agencies.
The department shall not charge permit fees for:
(1) Permits issued by a city, town, or municipal corporation under RCW
90.48.165;
(2) Permits issued by the energy facilities site evaluation council under RCW
80.50.071;
(3) Permits administered by the EPA under 33 U.S.C. 1251 et seq.
(4) Nothing herein shall restrict the department from ((
charging))
assessing fees to recover administrative expenses of permits it issues under RCW
90.48.160 for discharges into municipal sewer systems, nor for charging fees to recover administrative expenses related to monitoring compliance with delegated pretreatment programs.
AMENDATORY SECTION(Amending WSR 21-13-150, filed 6/22/21, effective 7/23/21)
WAC 173-224-080Transfer of permit coverage.
In the event ((that)) a permit is transferred, the department shall not refund permit fees. Fees paid by a previous permit holder shall be applied to the corresponding fee payment requirements of a new permit holder. Unpaid permit fees owed by a previous permit holder are the liability of a new permit holder. Fee agreements between a new and previous permit holder are not binding on the department.
AMENDATORY SECTION(Amending WSR 21-13-150, filed 6/22/21, effective 7/23/21)
WAC 173-224-090Permit fee reductions.
((With the exception of facilities covered under the construction and industrial stormwater general permits who are not eligible to apply for a fee reduction, any business required to pay a fee may receive a reduction of its permit fee.))Facilities covered under the construction stormwater general and individual permits, and the industrial stormwater general permits are not eligible to apply for a fee reduction under this section.
(1) Market research and development.
(a) To qualify for the market research and development fee reduction, the ((operation under)) permit holder must be:
(i) A research facility with the primary purpose of researching market viability for products ((and/or))or processes that reduce or eliminate wastewater pollutants or wastewater pollutant generating activity;
(ii) Covered under an individual permit issued within the past three fiscal years; and
(iii) Assessed a fee under an established fee category, excluding facility not otherwise classified.
(b) To receive a fee reduction, the permit holder must ((submit an application))apply in a manner prescribed by the department demonstrating that the conditions in (a) of this subsection are met. The application ((shall bear a certification of correctness and be signed))must include a signature certifying the provided information is correct:
(i) ((In the case of))For a corporation, by an authorized corporate officer;
(ii) ((In the case of))For a limited partnership, by an authorized general partner;
(iii) ((In the case of))For a general partnership, by an authorized partner;
(iv) ((In the case of))For a sole proprietorship, by the proprietor; or
(v) ((In the case of))For a municipality, state, ((or)) other public entity, or Native American tribe, by either a principal executive officer or ((a ranking))an elected official.
(c) The department may verify the information contained in the application and, if it determines that the permit holder has made false statements, ((may))will deny the fee reduction request and revoke previously granted fee reductions.
(d) ((The permit fee for market research and development determined to be))If the department determines a permit holder is eligible for a fee reduction under (((a) of)) this subsection ((shall be)), the annual permit fee is reduced to ((twenty-five))25 percent of the assessed annual permit fee but not less than the minimum permit fee in WAC 173-224-040(2).
(e) A ((site))permit holder can only be eligible for ((this))a market research and development reduction for three consecutive fiscal years.
(2) Small business fee reduction.
(a) To qualify for the small business fee reduction, a business must meet all of the following conditions:
(i) Be a corporation, partnership, sole proprietorship, or other legal entity formed for the purpose of making a profit;
(ii) Be independently owned and operated from all other businesses (i.e., not a subsidiary of a parent company);
(iii) Have annual sales of ((one million dollars))$1,000,000 or less of the goods or services produced using the processes regulated by the waste discharge or individual stormwater discharge permit; and
(iv) Have an original annual permit fee assessment totaling ((five hundred dollars))$500 or greater.
(b) To receive a small business fee reduction, the permit holder must ((submit an application))apply in a manner prescribed by the department demonstrating that the conditions in (((a) of)) this subsection are met. The application ((shall bear a certification of correctness and be signed))must include a signature certifying the information provided is correct:
(i) ((In the case of))For a corporation, by an authorized corporate officer;
(ii) ((In the case of))For a limited partnership, by an authorized general partner;
(iii) ((In the case of))For a general partnership, by an authorized partner; or
(iv) ((In the case of))For a sole proprietorship, by the proprietor.
(c) The department may verify the information contained in the application and, if it determines that the permit holder has made false statements, ((may))will deny the fee reduction request and revoke previously granted fee reductions.
(d) ((The permit fee for small businesses determined to be))If the department determines a permit holder is eligible under (((a) of)) this subsection ((shall be)), the annual permit fee is reduced to ((fifty))50 percent of the assessed annual permit fee but not less than the minimum permit fee in WAC 173-224-040(2).
(3) Extreme hardship fee reduction.
(a) Any small business with annual gross revenue totaling ((one hundred thousand dollars))$100,000 or less from goods and services produced using the processes regulated by the ((waste discharge or individual stormwater)) discharge permit may apply in a manner prescribed by the department for an extreme hardship fee reduction. ((The small business must provide sufficient evidence to support its claim of an extreme hardship. In no case will a permit fee be reduced below $128.00.))
(b) To receive an extreme hardship fee reduction, the permit holder must provide sufficient evidence to support its claim of hardship and demonstrate that the conditions in this subsection are met. The application must have a signature certifying that the information provided is correct and be signed:
(i) For a corporation, by an authorized corporate officer;
(ii) For a limited partnership, by an authorized general partner;
(iii) For a general partnership, by an authorized partner; or
(iv) For a sole proprietorship, by the proprietor.
(c) The department may verify the information contained in the application and, if it determines that the permit holder has made false statements, will deny the fee reduction request and revoke previously granted fee reductions.
(d) If the department determines a permit holder is eligible under this subsection, the annual permit fee is reduced to the minimum annual permit fee specified in WAC 173-224-040(2).
(4) Hazardous waste cleanup hardship reduction.
(a) Any former small business that is currently assessed a hazardous waste cleanup sites fee and no longer operates as a small business on the cleanup site, may apply in a manner prescribed by the department to have their assessed fee reduced. The permit holder must provide sufficient evidence to support its claim of hardship and demonstrate that the conditions in this subsection are met. The application must have a signature certifying the information provided is correct and be signed:
(i) For a corporation, by an authorized corporate officer;
(ii) For a limited partnership, by an authorized general partner;
(iii) For a general partnership, by an authorized partner; or
(iv) For a sole proprietorship, by the proprietor.
(b) The department may verify the information contained in the application and, if it determines that the permit holder has made false statements, will deny the fee reduction request and revoke previously granted fee reductions.
(c) If the department determines a permit holder is eligible under this subsection, the annual permit fee is reduced to $500.
AMENDATORY SECTION(Amending WSR 19-14-040, filed 6/26/19, effective 7/27/19)
WAC 173-224-100Administrative appeals to the department.
Any person aggrieved by a determination made under this chapter by the department may file a written appeal to the department no later than each fiscal year's first billing due date for payment of fees. Such appeal shall state the reasons that the aggrieved person believes that the department's determination is contrary to the requirements of RCW
90.48.465, and specific actions they are requesting that are consistent with those requirements. The department shall either issue a revised determination or a statement upholding the original determination. A revised determination shall be consistent with the requirements of RCW
90.48.465. Any person feeling aggrieved by the administrative appeals decision made by the department regarding their permit fee may obtain review thereof by filing an appeal with the
pollution
control
hearings
board, ((
P.O. Box 40903, Olympia, Washington 98504-0903,)) within ((
thirty))
30 days of receipt of the department's decision. In addition, a copy of the appeal must be served on the Department of Ecology, Attention: Water Quality Program Permit Fee Unit, P.O. Box 47600, Olympia, Washington 98504-7696, within ((
thirty))
30 days of receipt. These procedures are consistent with the provisions of chapter
43.21B RCW and the rules and regulations adopted thereunder.