AN
ACT Relating to funding of a state biosolids management program; amending RCW
90.48.465; and adding a new section to chapter 70.95J RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 70.95J RCW to read as follows:
(1)
The department shall establish annual fees to collect expenses for issuing and
administering biosolids permits under this chapter. An initial fee schedule
shall be established by rule and shall be adjusted no more often than once
every two years. This fee schedule applies to all permits, regardless of date
of issuance, and fees shall be assessed prospectively. Fees shall be
established in amounts to recover expenses incurred by the department in
processing permit applications and modifications, reviewing related plans and
documents, monitoring, evaluating, conducting inspections, overseeing
performance of delegated program elements, providing technical assistance and
supporting overhead expenses that are directly related to these activities.
(2)
The annual fee paid by a permittee for any permit issued under this chapter
shall be determined by the number of residences or residential equivalents
contributing to the permittee's biosolids management system. If residences or
residential equivalents cannot be determined or reasonably estimated, fees
shall be based on other appropriate criteria.
(3)
The biosolids permit account is created in the state treasury. All receipts
from fees under this section must be deposited into the account. Moneys in the
account may be spent only after appropriation. Expenditures from the account may
be used only for the purposes of administering permits under this chapter.
(4)
The department shall present a biennial progress report on the use of moneys
from the biosolids permit account to the legislature. The first report is due
on or before December 31, 1998, and thereafter on or before December 31st of
odd-numbered years. The report shall consist of information on fees collected,
actual expenses incurred, and anticipated expenses for the current and
following fiscal years.
(5)
The department shall work with the regulated community and local health
departments to study the feasibility of modifying the fee schedule to support
delegated local health departments and reduce local health department fees paid
by biosolids permittees.
Sec.
2. RCW
90.48.465 and 1996 c 37 s 3 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((, and 70.95J.020 through 70.95J.090)). 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 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((, and 70.95J.020 through 70.95J.090)) shall not
exceed the total of a maximum of fifteen 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((, and 70.95J.020 through 70.95J.090)).
(6)
Beginning with the biennium ending June 30, 1997, the department shall present
a biennial progress report on the use of moneys from the account to the
legislature. The report will be due December 31st of ((the))
odd-numbered years. The report shall consist of information on fees
collected, actual expenses incurred, and anticipated expenses for the current
and following fiscal years.
