S-0968.1 _______________________________________________
SENATE BILL 5534
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Senators Metcalf and Matson.
Read first time February 5, 1991. Referred to Committee on Environment & Natural Resources.
AN ACT Relating to water discharge permit fees; and amending RCW 90.48.465.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 90.48.465 and 1989 c 2 s 13 are each amended to read as follows:
(1)
The department shall establish annual fees to collect expenses for issuing and
administering each class of permits under RCW 90.48.160, 90.48.162, and
90.48.260. An initial fee schedule shall be established by rule within one
year of March 1, 1989, and thereafter the fee schedule shall be adjusted no
more often than once every two years. This fee schedule shall apply to all
permits, regardless of date of issuance, and fees shall be assessed
prospectively. All fees charged shall be based on factors relating to the
complexity of permit issuance and compliance and may be based on pollutant
loading and toxicity and be designed to encourage recycling and the reduction
of the quantity of pollutants. Fees shall be established in amounts to ((fully))
recover ((and not to exceed)) fifty percent of the expenses
incurred by the department in processing permit applications and modifications,
monitoring and evaluating compliance with permits, conducting inspections,
securing laboratory analysis of samples taken during inspections, reviewing
plans and documents directly related to operations of permittees, overseeing
performance of delegated pretreatment programs, and supporting the overhead
expenses that are directly related to these activities.
(2) ((The
annual fee paid by a municipality, as defined in 33 U.S.C. Sec. 1362, for all
domestic wastewater facility permits issued under RCW 90.48.162 and 90.48.260
shall not exceed the total of a maximum of five cents per month per residence
or residential equivalent contributing to the municipality's wastewater system.))
The department shall adopt by rule a schedule of credits for any municipality
engaging in a comprehensive monitoring program beyond the requirements imposed
by the department, with the credits available for five years from March 1,
1989, and with the total amount of all credits not to exceed fifty thousand
dollars in the five-year period.
(3) The department shall ensure that indirect dischargers do not pay twice for the administrative expense of a permit. Accordingly, administrative expenses for permits issued by a municipality under RCW 90.48.165 are not recoverable by the department.
(4) In establishing fees, the department shall consider the economic impact of fees on small dischargers and the economic impact of fees on public entities required to obtain permits for storm water runoff and shall provide appropriate adjustments.
(5) All fees collected under this section shall be deposited in the water quality permit account hereby created in the state treasury. Moneys in the account may be appropriated only for purposes of administering permits under RCW 90.48.160, 90.48.162, and 90.48.260.
(6) The department shall submit an annual report to the legislature showing detailed information on fees collected, actual expenses incurred, and anticipated expenses for the current and following fiscal years.
(7) The legislative budget committee in 1993 shall review the fees established under this section and report its findings to the legislature in January 1994.