H-2224              _______________________________________________

                                                   HOUSE BILL NO. 2211

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Smith, Chandler and Ballard

Read first time 3/8/89 and referred to Committee on Environmental Affairs.

AN ACT Relating to water discharge fees; and amending section 13, chapter 2, Laws of 1989 (Initiative Measure No. 97) and RCW 90.48.___.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 13, chapter 2, Laws of 1989 (Initiative Measure No. 97) and RCW 90.48.___ 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 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.  The department shall not assess fees for permits issued to users of an industrial waste treatment facility owned and operated for ten years or more by a city, town, or municipal corporation.

          (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.