Purpose: To change the annual fee from $75.00 per underground storage tank to $100.00 per underground storage tank.

Other Identifying Information: Annual cost of living increase as needed.

Statutory Authority for Adoption: Chapter 90.76 RCW.

Statute Being Implemented: Underground storage tank fees, RCW 90.76.090.

Summary: See above.

Name of Agency Personnel Responsible for Drafting: Barry Rogowski, Ecology Head Quarters, Lacey, (360) 407-7236; Implementation: Clyde Zahn, Licensing, Olympia, (360) 664-1447; and Enforcement: Ecology regions.

Name of Proponent: [Department of Ecology], governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Due to a statutory change, the annual tank fee will be increased from $75 per tank to $100 per tank. The purpose is to maintain the underground storage tank program staff at current levels and implement a compliance tagging project.

Proposal Changes the Following Existing Rules: See above.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Jerry Thielen, Rules Coordinator, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, AND RECEIVED BY July 4, 1998.

May 4, 1998

Dan Silver

Deputy Director

AMENDATORY SECTION (Amending WSR 95-04-102, filed 2/1/95, effective 3/4/95)

WAC 173-360-190  Annual tank fees. ((An annual state tank fee of seventy-five dollars per tank shall be paid by every person who owns an underground storage tank which:

(1) Is located in this state;

(2) Was required to be reported to the department under the Federal Underground Storage Tank Program of the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Section 6901, et seq.);

(3) Is not permanently closed according to the requirements of this chapter as of the billing date; and

(4) If required, for which corrective action has not been completed in accordance with this chapter.)) (1) An annual tank fee of one hundred dollars per tank is effective from July 1, 1998, to June 30, 1999. Annually, beginning on July 1, 1999, and upon a finding by the department that a fee increase is necessary, the previous tank fee amount may be increased up to the fiscal growth factor for the next year. The fiscal growth factor is calculated by the office of financial management under RCW 43.135.025 for the upcoming biennium. The department shall use the fiscal growth factor to calculate the fee for the next year and shall publish the new fee by March 1st before the year for which the new fee is effective. The new tank fee is effective from July 1st to June 30th of every year. The tank fee shall be paid by every person who:

(a) Owns an underground storage tank located in this state; and

(b) Was required to provide notification to the department under the federal act.

This fee is not required of persons who have

(i) Permanently closed their tanks; and

(ii) If required, have completed corrective action in accordance with the rules adopted under this chapter.

(2) The department may authorize the imposition of additional annual local tank fees in environmentally sensitive areas designated under RCW 90.76.040. Annual local tank fees may not exceed fifty percent of the annual state tank fee.

(3) State and local tank fees collected under this section shall be deposited in the account established under RCW 90.76.100.

(4) Other than the annual local tank fee authorized for environmentally sensitive areas, no local government may levy an annual tank fee on the ownership or operation of an underground storage tank.

[Statutory Authority: Chapter 90.76 RCW. 95-04-102, § 173-360-190, filed 2/1/95, effective 3/4/95; 90-24-017, § 173-360-190, filed 11/28/90, effective 12/29/90.]