WSR 00-21-104

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed October 18, 2000, 10:31 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-10-112.

Title of Rule: Water works operator certification regulation, chapter 246-292 WAC.

Purpose: The purpose of this rule is to adopt the 1996 amendments to the federal Safety Drinking Water Act (SDWA) regarding operator certification requirements as specified in the United States Environmental Protection Agency (EPA) guidance.

Statutory Authority for Adoption: Chapter 70.119 RCW.

Statute Being Implemented: Chapter 70.119 RCW.

Summary: The regulations will require new certified operators for some Group A community water systems. This change affects primarily groundwater systems serving less than 100 connections and nontransient noncommunity (NTNC) systems. All operators will be required to demonstrate basic levels of competence through evaluation of education and experience prior to becoming certified, by either qualifying under the grandparenting option or by passing a standardized test. Some professional growth requirements (CEUs) have been modified. The rule has also been revised to allow suspension of certification, in addition to the existing revocation requirement.

Reasons Supporting Proposal: These rule changes are required to maintain primacy with EPA and to sustain federal funding.

Name of Agency Personnel Responsible for Drafting: Lisa Raysby, P.E., Department of Health, Drinking Water, (360) 236-3147; Implementation: Cheryl Bergener, Program Manager, Department of Health, Drinking Water, (360) 236-3137; and Enforcement: John Aden, Compliance Lead Worker, Department of Health, Drinking Water, (360) 236-3157.

Name of Proponent: Washington State Department of Health, governmental.

Rule is necessary because of federal law, 64 F.R. 5916 - 5921.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule will require all Group A public community and nontransient noncommunity (TNTC) public water systems, and transient noncommunity (TNC) water systems that are designated as significant noncompliers (SNCS) to have a certified operator; and will modify professional growth requirements for certified operators. The legislative intent of chapter 70.119 RCW states that: "In order to protect the public health and conserve and protect the water resources of the state, it is necessary to provide for the classifying of all public water systems; to require the examination and certification of the persons responsible for the technical operation of such systems; and to provide for the promulgation of rules and regulations to carry out this chapter." The purpose of this rule is to implement the specific requirements of chapter 70.119 RCW and the SDWA while attempting to meet their goals and objectives. The anticipated effect of this rule is to improve public health by requiring certified personnel to manage and operate drinking water systems.

Proposal Changes the Following Existing Rules: The proposed revisions require a certified operator for all Group A community and nontransient noncommunity public water systems, and implements the statutory requirement (chapter 70.119 RCW) to have a certified operator for transient noncommunity public water systems that are significant noncompliers. The revisions also update the purification plant criteria, change classification of very small water systems (<100 connections), require very small water systems to meet operator certification requirements, modify the existing classification structure for operators and change some education, training, and professional growth requirements. The revisions change examination administration, add a new section on grandparenting existing operators which includes an expiration date for the section, add suspension as an enforcement option, clarify existing rule requirements, and add definitions.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

Background: The water works operator certification regulation, chapter 246-292 WAC, sets requirements for certified operators for all Group A community water systems serving one hundred or more connections and all surface water systems. In 1997, the legislature amended RCW 70.119.060 and expanded the authority to require certified operators, by rule or otherwise, for significant noncompliers (SNCs), and all Group A water systems providing treatment other than simple disinfection. This requirement has not been incorporated into chapter 246-292 WAC.

The legislature also authorized the department to require certified operators for all Group A systems as necessary to conform to federal law or implementing rules or guidelines. The new federal guidelines promulgated by the Environmental Protection Agency (EPA) under the 1996 amendments to the Safe Drinking Water Act (SDWA), Public Law 104-182, require states to have certified operators for all Group A community and Nontransient Noncommunity (NTNC) water systems.

The SDWA amendments of 1996 give states two years from the time EPA publishes final guidelines to adopt state regulations. Since EPA promulgated its final guidance in February 1999 (Federal Register, Vol. 64, No. 24, February 5, 1999, Notices, Part III), Washington and other states have until February 2001 to adopt necessary regulations and begin implementing an operator certification program that meets the requirements of the federal guidelines.

The greatest impact is the requirement for each very small community and NTNC water system to have a certified operator. The department estimates that about 2,000 new certified operators will come under this requirement (assuming only one new certified operator per system). However, this estimate could be as high as 4,000 new certified operators depending on whether EPA requires a back-up designated operator and water systems voluntarily choose to have more than one certified operator. These new operator certification program requirements result in almost a four-fold increase in water systems regulated and at least a two-fold increase in certified operators.

A 1998 Association of State Drinking Water Agencies (ASDWA) study supports operator certification, training and education. The two best management practices with the strongest correlation to fewer coliform detections were correction of deficiencies identified by sanitary surveys and operator certification. The three best management practices associated with significant reduction of total coliform-positive samples were (1) maintaining a disinfectant residual; (2) operator training; and (3) correcting deficiencies identified by the state as part of a sanitary survey. This study also evaluated the effectiveness of best management practices with regard to system size. For systems serving less than five hundred people, regular training and education of operators, along with correction of deficiencies identified by the state, were the most significant in reducing microbial contamination.

1. Is an SBEIS necessary? The Regulatory Fairness Act (chapter 19.85 RCW) states that a small business economic impact statement (SBEIS) is required whenever a regulation imposes "more than minor" costs on a regulated business. The "more than minor" threshold varies by industry from $50 to $300.

For this rule proposal, the cost per system will be $83.00 for systems with fewer than six hundred one services. The cost per operator for certification includes the application, examination, and renewal fees and charges. These expenses will range from $55.00 to $85.00 for the first year and from $102.00 to $178.00 for each subsequent year. These expenses include the operator meeting the professional growth requirements of the rule.

Many of the businesses affected by this rule currently employ staff to operate their drinking water systems in addition to other job activities. Operating the water system is a small portion of the staff's total responsibilities. Because staff are already employed and the proportion of the job responsibilities for operating the water system is relatively small, staff salaries should not be affected. The costs associated with certification will most likely be borne by the business and are identified above. The total cost of this rule per system then ranges from $185 to $261 per year.

As indicated on the table below, there are a large variety of business types affected by this rule ranging from nursing homes and schools to farms and aluminum manufacturers. The department believes it reasonable to assume that among these business types, some may face "more than minor" costs as a result of this proposed rule. For this reason an SBEIS has been completed.

2. Does the proposed rule affect both large and small businesses? With certain restrictions, the act requires government agencies to provide regulatory relief whenever a rule imposes a disproportionate cost burden on small businesses. The Regulatory Fairness Act further defines a business as any "entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit." The act defines a small business as one that employs less than fifty individuals.

The greatest impact of the proposed rule is the requirement for each very small community and NTNC water system to have a certified operator. For the purposes of this rule, a very small community water system is one which serves ninety-nine connections or less. These systems typically employ one or two individuals who are in charge of the day-to-day operations of the water system. For these businesses, there are none with more than fifty employees1.

Examples of NTNC water systems include a school, day care center, business, factory, motel, or restaurant. A review of the department's drinking water database indicates that there are one hundred nine for-profit NTNC water systems. Below is a complete list of for-profit NTNC water systems grouped by business type. Of the business types listed, the department believes it reasonable to assume that the proposed rule will affect both large and small businesses.

3. Does the proposed rule impose disproportionate cost on small businesses? The department recognizes that for the majority of the systems affected by this rule, their only business is serving water. For the much smaller group affected, the water system is not their primary business. Competition among these NTNCs is highly unlikely due to the special nature of their circumstance[,] businesses of the same type using their own water system. However, because it is possible there could be competition among business type of both small and large businesses, the department is proposing mitigative measures as described in item four below.

4. Measures to mitigate the proposed rule's disproportionate cost impact on small businesses: Measures that the department chose to reduce the impacts to the water systems and operators include: (1) Allowing for grandparenting of operators under certain circumstances for only a specified time period; (2) use of EPA state revolving funds to subsidize costs for newly impacted and existing systems serving up to 3,300 people for at least the first three years of implementation for operators to become certified and take training to meet their professional growth requirement; and (3) a proposal to offset (waive) the system fee for the first year for all water systems that are impacted for the first time by this regulation. The proposed rule will not cause any business to lose business.

5. How did the department involve the public in the development of the proposed rule? In developing the proposed language for the revised regulation on operator certification, the department has worked extensively with stakeholder groups over the past two years. Over thirty workshops, conferences, or meetings have occurred since 1998 with numerous organizations, including: Water Works Operator Certification Advisory Committee; Water Supply Advisory Committee; Small Water System Advisory Committee; Investor Owned Utility Association; Pacific Northwest Section of the American Water Works Association; Washington Association of Water and Sewer Districts; Washington Public Utility District Association; and Evergreen Rural Water of Washington. The department will also be holding two public hearings in December.


A B
1 System Name Business Type
2 GRAND VIEW FARMS PASCO - DODD ROAD agricultural
3 WATTS BROS FARMS agricultural
4 IFA NURSERIES INC agricultural
5 BRIARWOOD-VALLEY FARMS agricultural
6 CUSTOM AG SERVICES agricultural
7 K2H FARMS-SHOP & OFFICE agricultural
8 BRIGGS NURSERY INC agricultural
9 WYCKOFF FARMS agricultural
10 ALCOA PRIMARY METALS-INTALCO WORKS aluminum
11 ALCOA aluminum
12 KAISER ALUM - TRENTWOOD WORKS aluminum
13 KAISER ALUM AND CHEM aluminum
14 GOLDENDALE ALUMINUM aluminum
15 KAISER ALUM - MEAD WORKS N PLANT aluminum
16 KLEIN BICYCLE 1 bicycle manufacturing
17 GROOM, J.D. boat works
18 MILLER BREWING COMPANY TUMWATER DIV brewery
19 PACIFIC MOBILE INVESTMENT GROUP business
20 SNOQUALMIE VALLEY LAND COMPANY INC business
21 EQUILON ENTERPRISES LLC casino
22 SIMPLOT FEEDERS LTD cattle
23 CH2O chemical manufacturer
24 CENTRAL PRE MIX-SULLIVAN RD concrete
25 GUNDERSON NORTHWEST INC construction
26 KRIEG WATER SYSTEM construction
27 WILCOX FARMS INC dairy
28 ANDERSEN DAIRY INC dairy
29 TEDDY BEAR CORNER day care
30 YALE ELEMENTARY SCHOOL education
31 NESTLE REGIONAL TRAINING CENTER education
32 FINLEY SCHOOL DISTRICT 53 education
33 SHYNE SCHOOL WATER SYSTEM education
34 CARDEN COUNTRY SCHOOL education
35 TRANSALTA CENTRALIA GENERATION LLC electricity
36 HONEYWELL ELECTRONIC MATERIALS INC electronics
37 POULSBO SERVICE CENTER PSE energy
38 PORT MADISON ENTERPRISES-BINGO HALL entertainment
39 PRODICA - FINLEY AREA fertilizer manufacturer
40 PRODICA - KENNEWICK AREA fertilizer manufacturer
41 BORTON & SONS INC food broker
42 SNOKIST GROWERS-CANNERY DIVISION food processing
43 WATTS BROS CORN PROCESSING PLANT food processing
44 WELCH'S food processing
45 OCEAN SPRAY CRANBERRIES food processing
46 BASIC AMERICAN FOODS food processing
47 NOEL CANNING food processing
48 COLUMBIA FOODS INC food processing
49 NESTLE USA food processing
50 WEYERHAEUSER FORESTRY NURSERY forestry
51 ORONDO FRUIT COMPANY INC fruit
52 KERSHAW FRUIT COMPANY fruit
53 NORTHWESTERN FRUIT & PRODUCE GLEED fruit
54 ANDERSON CREEK LODGE INC hospitality
55 DAY ROAD INDUSTRIAL PARK industrial
56 SPOKANE BUSINESS & INDUSTRIAL PARK industrial
57 CORNERSTONE INDUSTRIAL PARK industrial
58 JONES INDUSTRIAL PARK WT ASSN industrial
59 BETTI HAWKS PRAIRIE WATER SUPPLY Industry
60 FLOATING BEAR Industry
61 ROOSEVELT REGIONAL LANDFILL landfill
62 CROWN PACIFIC lumber
63 COWLITZ STUD COMPANY RANDLE lumber
64 COWLITZ STUD COMPANY MORTON lumber
65 BOISE CASCADE CORP - WALLULA lumber
66 GREEN MOUNTAIN MILL WEYERHAEUSER C lumber
67 STIMSON LUMBER COMPANY lumber
68 PACIFIC CREST LUMBER lumber
69 QVL PLYWOOD lumber
70 RAINIER VENEER lumber
71 VAAGEN BROS LUMBER COMPANY lumber
72 WEYERHAEUSER VAIL SHOP lumber
73 N C MACHINERY CO machinery
74 IBP INC meat processor
75 NORTHWEST ALLOYS INC metal processing
76 METAL MILL metal processing
77 KEN'S KORNER mini storage
78 MANHASSET SPECIALTY COMPANY musical instrument manufacturer
79 LAMB-WESTON PASCO musical instrument manufacturer
80 WOODBRIDGE GARDENS nursery
81 ROCKY BAY NURSING HOME nursing home
82 OLYMPIA CHEESE COMPANY LLC out of business
83 OLYMPIA OYSTER CO oyster
84 PORT TOWNSEND PAPER CORP paper
85 ARCO PRODUCTS CO. petroleum
86 TESORO NORTHWEST COMPANY petroleum
87 PORT OF VANCOUVER port
88 HAZEL CREEK MONTESSORI pre-school
89 KITTITAS VALLEY MONTESSORI pre-school
90 WEST VAN MATERIAL RECOVERY CENTER recycling
91 TIMOTHY PARK SUBDIVISION residential
92 CAMANO PLAZA retail
93 PEACE ARCH FACTORY OUTLET retail
94 BROCK & MERKEL RV PARK RV park
95 HAMA HAMA COMPANY shellfish processor
96 WASHINGTON BEEF INC TOPPENISH slaughter house
97 WHIDBEY TELEPHONE COMPANY telephone
98 REDMAN AND SONS WELL tree harvestor
99 SAVAGE WESTERN TRANSPORTS INC trucking
100 ALLAN BROS WAREHOUSE warehouse
101 AMERICOLD CORP warehouse
102 ABITIBI CONSOLIDATED SALES CORP warehouse
103 COLUMBIA COLSTOR INC warehouse
104 SCHENK WATER SYSTEM water system
105 SMITH GARDENS WATER SYSTEM water system
106 DYKO INC welding/iron work
107 TAYLOR UNITED wholesale seafood
108 COLUMBIA CREST WINERY winery
109 DANNER CORP
110 GREEN, BOBBIE

1The industry standard is to have one full-time employee for a community water system with 250 connections or less.

A copy of the statement may be obtained by writing to Lisa Raysby, Washington State Department of Health, P.O. Box 47822, Olympia, WA 98504-7822, phone (360) 236-3147, fax (360) 236-2252.

RCW 34.05.328 applies to this rule adoption. RCW 34.05.328 provides certain exemptions from the requirement to prepare a significant analysis. Parts of the rule are exempt from this requirement because they "correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect," or adopt "by reference without material change ... national consensus codes that generally establish industry standards." Congress directed the EPA to establish guidelines instead of rules and further provided that the state must adopt and implement the requirements of the guidelines in order to maintain federal funding of the state DWSRF grant. The operator certification guidelines developed through the EPA qualify as a national consensus code. However, where the state exercises flexibility in relation to elements not detailed in the guidelines, those aspects of the proposed rule have been carefully reviewed and cost-benefit and other analyses have been prepared.

Hearing Location: Labor and Industries Building, 3001 West Broadway Avenue, Moses Lake, WA, on December 6, at 10:00 a.m.; and at the Labor and Industries Building, 7273 Linderson Way S.W., Tumwater, WA 98504, on December 8, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Tanya Mohammadi by November 29, 2000, TDD (800) 833-6388 or (360) 236-3151.

Submit Written Comments to: Lisa Raysby, Department of Health, P.O. Box 47822, Olympia, WA 98504-7822, fax (360) 236-2252 by December 8, 2000.

Date of Intended Adoption: December 8, 2000.

October 18, 2000

M. C. Selecky

Secretary

OTS-4368.3


AMENDATORY SECTION(Amending WSR 94-04-004, filed 1/20/94, effective 2/20/94)

WAC 246-292-001
Purpose.

Pursuant to the provisions of chapter 70.119 RCW, the ((regulations set forth in)) purpose of this chapter ((are adopted for the protection of)) is to protect public health ((through the establishment of)) by setting minimum requirements and standards ((by which)) for public water system((s are operated and)) operation and certification of operators in responsible charge of public water systems ((are examined and certified as to their competency)). Certification under this chapter is available to all operators who can meet the minimum qualifications of a given classification.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-001, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-001, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-010, filed 9/22/78.]


AMENDATORY SECTION(Amending WSR 94-04-004, filed 1/20/94, effective 2/20/94)

WAC 246-292-010
Definitions.

Abbreviations and acronyms:

BAT - backflow assembly tester((.));

BTO - basic treatment operator((.));

CCS - cross connection control specialist((.));

GWI - ground water under the direct influence of surface water((.));

NTNC - nontransient noncommunity((.));

OIT - operator-in-training((.));

SMA - satellite management agency;

TNC - transient noncommunity((.));

WAC - Washington Administrative Code;

WDM - water distribution manager((.));

WDS - water distribution specialist((.));

WTPO - water treatment plant operator((.));

(("Basic filtration technology" means slow sand filtration and alternate filtration technologies such as cartridge filters, bag filters, and ultrafiltration.

"Board" means the water and wastewater operator certification board of examiners as established under RCW 70.95B.070 and 70.119.080.)) "Available" means based on system size, complexity, and source water quality, a certified operator must be on-site or able to be contacted as needed to initiate the appropriate action in a timely manner.

"Certificate" means a certificate of competency issued by the ((secretary)) department stating that the operator has met the requirements for the specified operator classification of the certification program.

"Certified operator" means a person who has met the applicable requirements of this chapter ((246-292 WAC)) and holds a valid certificate.

"Complex filtration technology" means conventional, direct, in-line or diatomaceous earth filtration.

"Community water system" means any Group A water system providing service to fifteen or more service connections used by year-round residents for one hundred eighty or more days within a calendar year, regardless of the number of people, or regularly serving twenty-five year-round (i.e., more than one hundred eighty days per year) residents. Examples of a community water system might include a municipality, subdivision, mobile home park, apartment complex, college with dormitories, nursing home, or prison.

"Continuing education unit (CEU)" means a nationally recognized unit of measurement similar to college credits. One CEU is awarded for every ten contact hours of participation in an organized continuing education experience under responsible sponsorship, capable direction and qualified instruction. Forty-five relevant CEUs equals forty-five relevant college quarter credits or thirty relevant college semester credits as determined by the department.

"Contract operator" means a person in charge of the ((active, daily, technical operation of more than two)) daily operational activities of three or more public water systems.

"Cross connection control program" means ((a program protecting the health of water consumers and the potability of the public water supply as required under)) the administrative and technical procedures the owner implements to protect the public water system from contamination via cross-connections as required in WAC 246-290-490.

"Department" means the Washington state department of health, through the secretary of health or the secretary's designee.

"Distribution system" means ((that portion of a public water system which conveys water from the source and/or treatment facilities to consumers)) all piping components of a public water system that serves to convey water from transmission mains linked to source, storage and treatment facilities to the consumer excluding individual services.

"Grandparenting" means the exemption for the existing operator in responsible charge from meeting the initial education, experience and examination requirements for the class of certification the system has been assigned.

"Ground water under the direct influence of surface water (GWI)" means any water beneath the surface of the ground with:

Significant occurrence of insects or other macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia; or

Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH ((which)) closely ((correlate)) correlating to climatological or surface water condition.

"Group A water system" means a public water system ((with fifteen or more service connections, regardless of the number of people; or a system serving an average of twenty-five or more people per day for sixty or more days within a calendar year, regardless of the number of service connections)) providing service such that it meets the definition of a public water system provided in the 1996 amendments to the federal Safe Drinking Water Act (Public Law 104-182, Section 101, subsection b). Group A water systems are further defined as community and noncommunity water systems (see other definitions).

"Group B water system" means a public water system with less than fifteen ((service)) residential connections and serving:

An average of less than twenty-five people per day for sixty or more days within a calendar year; or

Any number of people for less than sixty days within a calendar year.

"Nationally recognized association of certification authorities" means an organization ((which)) that:

Serves as an information center for certification activities;

Recommends minimum standards and guidelines for classification of potable water treatment plants, water distribution systems, wastewater facilities and certification of operators;

Facilitates reciprocity between state programs; and

Assists authorities in establishing new and updating existing certification programs.

"Noncommunity water system" means a Group A water system that is not a community water system. Noncommunity water systems are further defined as nontransient noncommunity (NTNC) and transient noncommunity (TNC).

"Nontransient noncommunity water system (NTNC)" means a Group A water system ((regularly serving)) that provides service to twenty-five or more of the same ((nonresidents)) nonresidential people for one hundred eighty or more days within a calendar year. Examples of a NTNC water system include a school or day care center, or a business, factory, motel or restaurant with twenty-five or more employees on-site.

"Owner" means any agency, subdivision of the state, municipal corporation, firm, company, mutual or cooperative association, institution, partnership, or person or any other entity that holds as property, a public water system.

"Operating experience" means the routine on-site performance of duties in a water purification plant or distribution system. Those duties affect plant or system performance and/or water quality.

"Operating shift" means that period of time during which operator decisions are made and actions are taken that will directly impact water quality and/or quantity of drinking water.

"Professional growth reporting period" means a designated time period of not less than three years, in which a certified operator shall demonstrate professional growth.

"Public water system" means any system((, excluding a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm, providing piped water for human consumption, including any collection, treatment, storage, or distribution facilities under control of the purveyor and used primarily in connection with the system; and collection or pretreatment storage facilities not under control of the purveyor but primarily used)) providing water for human consumption through pipes or other constructed conveyances, excluding a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm. The term includes:

Collection, treatment, storage, and/or distribution facilities under control of the owner and used primarily in connection with such systems; and

Collection or pretreatment storage facilities not under control of the owner, but primarily in connection with ((the)) such system.

"Purification plant" means that portion of a public water system ((which)) that treats or improves the physical, chemical or bacteriological quality of the system's water to bring the water into compliance with state board of health standards. Unit processes installed ((as necessary)) to perform water filtration, ion exchange, electrodialysis, reverse osmosis, or iron and manganese removal shall be included within the scope of the term purification plant. Unit processes installed ((as necessary)) to allow in-line fluoridation, in-line chlorination, or chemical addition to inhibit corrosion ((shall not be)) are not included within the scope of the term purification plant.

(("Secretary" means the secretary of the department of health or the secretary's designee.

"Service" means a connection to a public water system designed to serve a single family residence or other residential or nonresidential population. When the connection is to a system without clearly defined single family residences or with a nonresident population, the following formulas shall be used in determining equivalent number of services:

For group home or barracks-type accommodation, divide the average population served each day by two and one-half;

For NTNC systems, divide the average population served each day by two and one-half; and

For TNC systems, divide the average population served each day by twenty-five.

"Surface water" means a body of water open to the atmosphere and subject to surface runoff.

"Transient noncommunity water system (TNC)" means a Group A water system:

Having fifteen or more services used less than one hundred eighty days within a calendar year; or

Serving twenty-five or more different nonresidents for sixty or more days within a calendar year; or

Serving twenty-five or more of the same nonresidents for sixty or more days, but less than one hundred eighty days within a calendar year; or

Serving twenty-five or more residents for sixty or more days, but less than one hundred eighty days within a calendar year.))

"Relevant water system training" means directly related to the operation, maintenance or management of a water system; and which has an influence on water quality, public health, or environmental protection.

"Responsible charge" means the operator(s) designated by the owner to be the certified operator(s) who makes the decisions regarding the daily operational activities of a public water system, water treatment facility and/or distribution system that will directly impact water quality and/or quantity of drinking water including, but not limited to, decisions concerning process control and system integrity.

"Satellite management agency (SMA)" means a person or entity that is approved by the department to own or operate public water systems on a regional or county-wide basis without the necessity for a physical connection between such systems.

"Service connection" means a connection to a public water system designed to provide water to a single family residence, or other residential or nonresidential population.

"Significant noncomplier" means a system that is violating or has violated department rules, and the violation may create, or has created an imminent or a significant risk to human health. Such violations include, but are not limited to, repeated violations of monitoring requirements, failure to address an exceedance of permissible levels of regulated contaminants, or failure to comply with treatment technique standards or requirements.

"Transient noncommunity (TNC)" means a Group A water system that serves:

Twenty-five or more different people each day for sixty or more days within a calendar year; or

Twenty-five or more of the same people each day for sixty or more days, but less than one hundred eighty days within the calendar year.

"Validated exam" means an exam that is independently reviewed by subject matter experts to ensure that the exam is based on a job analysis and related to the classification of the system or facility.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-010, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-010, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-020, filed 9/22/78.]


AMENDATORY SECTION(Amending WSR 94-04-004, filed 1/20/94, effective 2/20/94)

WAC 246-292-020
General system requirements.

(1) ((All Group A water systems shall have at least one certified operator as required under WAC 246-292-050 if the system:

(a) Serves one hundred or more services in use at any one time; or

(b) Has a surface water or GWI source.

(2) When a certified operator is required, the operator shall be in charge of the active, daily, technical operation of all portions of a public water system.

(3) Where shift work is practiced, a certified operator shall be in charge of each operating shift. The certified operator shall be present or on call.

(4) When a system apportions responsibility for segments of a public water system, the system shall ensure that a certified operator is responsible for each segment.)) The following public water systems shall designate the certified operator(s) in responsible charge of the daily operational activities of the public water system, water treatment facility, and/or distribution system that will directly impact water quality and/or quantity of drinking water as required under WAC 246-292-050:

(a) Group A community or nontransient noncommunity (NTNC) systems; and

(b) Group A transient noncommunity (TNC) systems classified as significant noncompliers (SNCs); and

(c) Group A transient noncommunity (TNC) systems using a surface water or GWI source.

(2) Operator certification requirement. Operators in responsible charge of the following public water systems or portions thereof shall be certified:

(a) Group A community and nontransient noncommunity (NTNC) systems;

(b) Group A transient noncommunity (TNC) systems classified as significant noncompliers (SNCs); and

(c) Group A transient noncommunity (TNC) systems using a surface water or GWI source.

(3) A designated certified operator shall be in responsible charge and available for each operating shift.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-020, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-020, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-030, filed 9/22/78.]


AMENDATORY SECTION(Amending WSR 94-04-004, filed 1/20/94, effective 2/20/94)

WAC 246-292-040
Classification of public water systems.

(1) The ((secretary)) department shall classify purification plants ((into groups)) according to the Association of Boards of Certifications "Purification Plant Criteria" ((approved by the board in November 1993)) and set forth in the Water Works Certification Program Guideline (guideline). Copies of the (("Purification Plant Criteria")) guideline are available on request by contacting the Department of Health, Drinking Water Division, Water Works Certification Program((, Airdustrial Center #3,)) P.O. Box 47822, Olympia, Washington 98504-7822.

(2) The ((secretary)) department shall classify distribution systems into groups as follows:


Classification Population Served*
Group S less than 251
Group 1 ((less than)) 251 to 1,500
Group 2 1,501(( - )) to 15,000
Group 3 15,001(( - )) to 50,000
Group 4 greater than 50,000
* If the population served is not known, apply this formula: Number of Service Connections x 2.5=Population Served

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-040, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-040, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-050, filed 9/22/78.]


AMENDATORY SECTION(Amending WSR 94-04-004, filed 1/20/94, effective 2/20/94)

WAC 246-292-050
Minimum certification requirements for public water systems.

(1) Owners shall have at least one certified operator in responsible charge of the ((active, daily, technical operation)) daily operational activities of their system as follows:

(a) A water treatment plant operator (WTPO) shall be responsible for the operation of:

(i) A purification plant ((utilizing)) with a Class 2 rating or higher;

(ii) Any purification plant using complex filtration technology; or

(iii) Any unfiltered Group A surface water or GWI system with one hundred or mor services in use at any one time.

(b) A basic treatment operator (BTO) shall be responsible for the operation of:

(i) A ((purification plant utilizing basic filtration technology)) public water system with a Class 1 purification plant rating; or

(ii) An unfiltered Group A surface water or GWI system with less than one hundred services in use at any one time.

(c) A water distribution manager (WDM) shall be responsible for the operation of a Group A water system ((with)):

(i) ((One hundred or more services in use at any one time; or

(ii) A purification plant utilizing complex filtration technology.)) Serving a population greater than two hundred fifty people.

(ii) A Class 2 purification plant rating or higher; or

(iii) Any purification plant using complex filtration technology.

(d) A water distribution specialist (WDS) shall be responsible for the operation of:

(i) Group A community or NTNC water systems serving a population of two hundred fifty people or less.

(ii) Group A TNC systems classified as significant noncompliers (SNCs) and not required to provide treatment other than simple disinfection if serving a population of two hundred fifty people or less.

(2) Owners required to develop a cross-connection control program in accordance with WAC 246-290-490 shall ensure that a cross-connection specialist (CCS) is responsible for:

(a) The system's cross-connection control program;

(b) Initial inspection of premises served by the system, for cross-connections; and

(c) Periodic reinspection of premises served by the system, for cross-connections.

(3) Owners shall ensure that a backflow assembly tester (BAT) is responsible for inspecting, testing, and monitoring backflow prevention assemblies in accordance with WAC 246-290-490.

(4) ((Owners may utilize a WDS to accomplish routine technical duties, provided they are under the supervision of an operator certified in accordance with WAC 246-292-020.

(5))) A WTPO and WDM shall be certified at a level equal to or higher than the water system's classification rating assigned by the ((secretary)) department in accordance with WAC 246-292-040.

(((6) When the Group A water system practices shift work,)) (5) The certified operator in responsible charge of each operating shift shall be certified at a minimum of one level lower than the classification of the purification plant or distribution system.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-050, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-050, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-060, filed 9/22/78.]


AMENDATORY SECTION(Amending WSR 94-04-004, filed 1/20/94, effective 2/20/94)

WAC 246-292-055
Minimum requirements for contract operators.

(1) ((Contract operators shall mean persons who are in charge of the active, daily, technical operation of more than two public water systems.

(2))) Contract operators in responsible charge of the daily operational activities of three or more public water systems for operation of a system shall be certified as follows:

(a) At a minimum, a WDM and CCS, with the WDM level determined by the largest public water system operated;

(b) A BTO for public water systems with ((basic filtration technology)) a Class 1 purification plant rating; and

(c) A WTPO for public water systems with a Class 2 purification plant rating or higher or any purification plant using complex filtration technology.

(((3))) (2) Contract operators shall ((maintain)) be available on a twenty-four-hour ((telephone availability)) per day basis.

(((4))) (3) Contract operators shall submit two copies of all signed operations contracts to the department within thirty days of the effective date.

(((5))) (4) Contract operators who are satellite management agencies (SMAs) shall also comply with the provisions of RCW 70.116.134.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-055, filed 1/20/94, effective 2/20/94.]


AMENDATORY SECTION(Amending WSR 94-04-004, filed 1/20/94, effective 2/20/94)

WAC 246-292-060
Minimum education and experience requirements for water works operators.

(((1))) Minimum education and operating experience requirements for the following water works operator classifications and levels shall be as indicated in Tables 1A and 1B:

Table 1A

MINIMUM EDUCATION AND OPERATING EXPERIENCE REQUIREMENTS

WATER WORKS

OPERATOR

CLASSIFICATIONS

LEVEL
OPERATOR-IN-TRAINING OIT* 1 2 3 4
Education Operating Experience Education Operating Experience Education Operating Experience Education Operating

Experience

Education Operating Experience
Water Distribution Manager (WDM) 12

years

3

months

12

years

1

year

12

years

3

years

14

years

4

years

16

years

4

years

Water Treatment Plant Operator (WTPO) 12

years

3

months

12

years

1

year

12

years

3

years

14

years

4

years

16

years

4

years

((Water Distribution Specialist (WDS) 12

years

3

months

12

years

1

year

12

years

3

years

NA NA NA NA
Cross-Connection Control Specialist (CCS) NA 12 years 3

months

12 years 3

years

NA NA
Backflow Assembly Tester (BAT) NA NA NA NA NA
Basic Treatment Operator (BTO) NA NA NA NA NA))

* OIT experience may be fulfilled by three months operating experience or thirty hours of relevant ((classroom)) water system training (three CEUs or college credits).

Table 1B

MINIMUM EDUCATION AND OPERATING EXPERIENCE REQUIREMENTS

WATER WORKS OPERATOR CLASSIFICATIONS Education Operating Experience
Basic Treatment Operator (BTO) 12 years 6 months
Water Distribution Specialist (WDS) 12 years 6 months
Cross-connection Control Specialist (CCS) 12 years 6 months**
Backflow Assembly Tester (BAT) NA NA

(((2))) (1) Minimum education requirement shall be the acceptable level of education, or experience which may be substituted for education((. A department guideline titled "Water Works Certification Program Guideline" is available to assist operators in determining acceptable education and experience)) as outlined in the guideline.

(((3))) (2) Minimum operating experience requirement shall be the routine on-site performance of duties in a water purification plant or distribution system. Those duties shall affect plant or system performance and/or water quality.

(((4))) (3) The board may allow substitutions of a person's relevant experience when the person cannot meet the formal education requirement, or vice versa in the WDM, WTPO, BTO, WDS and CCS classifications as outlined in the ((department)) guideline ((titled "Water Works Certification Program Guideline" available on request)).

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-060, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-060, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-070, filed 9/22/78.]


AMENDATORY SECTION(Amending WSR 94-04-004, filed 1/20/94, effective 2/20/94)

WAC 246-292-070
Application and examination.

(1) Applicants for any classification of water works operator shall:

(a) Submit a completed application, application fee and examination charge to cover the cost of a validated exam;

(b) Meet the minimum education and operating experience criteria for the level of certification for which they are applying in accordance with WAC 246-292-060; and

(((b) Submit a completed application and applicable fee to the secretary;))

(c) Pass ((the written)) a validated examination ((for the appropriate classification and level; and

(d) For the BAT and BTO classifications, pass the practical examination)).

(2) The ((secretary)) department shall:

(a) ((Conduct)) Ensure a validated examination((s)) is conducted at least three times annually at convenient places and times as set by the ((board)) department;

(b) Provide notice of places and times of regularly scheduled examinations; and

(c) Issue applicable certificates to applicants meeting all the conditions for certification.

(3) Applicants who fail or do not appear for their scheduled examination may reapply for a regularly scheduled examination by submitting a new application ((along with the applicable fee to the secretary)), application fee and examination charge.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-070, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-070, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-080, filed 9/22/78.]


AMENDATORY SECTION(Amending WSR 94-04-004, filed 1/20/94, effective 2/20/94)

WAC 246-292-075
Reciprocity.

The ((secretary)) department may issue a certification without examination ((provided)) to individuals who possess a certificate from another state or province if:

(1) ((A completed application and applicable fee are submitted to the secretary; and

(2))) The applicant possesses a certificate from a state or province having substantially equivalent standards as determined by the ((secretary after consultation with the board)) department; and

(2) A completed application, application fee and a copy of the valid state or province certificate are submitted to the department.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-075, filed 1/20/94, effective 2/20/94.]


AMENDATORY SECTION(Amending WSR 94-04-004, filed 1/20/94, effective 2/20/94)

WAC 246-292-080
System temporary operator certification.

(1) The ((secretary)) department may issue a temporary certificate to an operator without examination((, provided)) if:

(a) The public water system submits:

(i) A letter requesting a temporary certificate for the operator; and

(ii) The applicable fee.

(b) The operator completes and submits a certification application; and

(c) The operator meets or will meet the minimum education and operating experience requirements of the mandatory classification for the vacated position, prior to the expiration date of the temporary certificate.

(2) Only one temporary certificate may be issued in each instance of ((vacation of)) any position vacancy.

(3) The temporary certificate shall be valid for up to twelve months.

(4) The temporary certificate shall be specific to the designated system and is not transferrable to any other system or operator.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-080, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-080, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-090, filed 9/22/78.]


NEW SECTION
WAC 246-292-085
Grandparenting.

(1) This section expires two years after its effective date.

(2) The department will allow one existing operator in responsible charge of a public water system to be grandparented for the minimum classification of the water system, if the water system:

(a) Is a Group A system serving less than 100 services that has not been identified as a SNC and is not a GWI or surface water source system.

(b) Is not in violation with any bilateral compliance agreement, or state or federal order; and

(c) Has not had a notice of imposition of penalty issued in the last five years under current ownership.

(3) The owner shall apply for the grandparent certification by completing a department application identifying the operator to be grandparented. The operator identified by the owner must have been in responsible charge of the water system prior to the effective date of this section. Subsequent operators are not eligible for grandparenting.

(4) The operator identified by the owner shall complete and submit an application and application fee in accordance with WAC 246-292-100, Table 2.

(5) No operator may be grandparented for more than two water systems:

(6) A grandparent operator certification is site specific and nontransferrable.

(7) A grandparented operator shall meet all certification renewal requirements under the provisions of WAC 246-292-090; and must complete the first professional growth reporting period by December 31, 2003.

(8) A grandparented operator failing to renew their certification under provisions of WAC 246-292-090 may reapply for certification and shall meet the requirements for a new applicant.

(9) If plant or distribution system classification changes to a higher level, grandparent certification is no longer valid; and the owner and operator shall comply with WAC 246-292-080.

[]


AMENDATORY SECTION(Amending WSR 94-04-004, filed 1/20/94, effective 2/20/94)

WAC 246-292-090
Renewal of certificates.

(1) The operator certificate shall be renewed by January 1st of each year.

(2) The ((secretary)) department shall renew the operator certificate upon payment of the renewal fee and demonstration of professional growth in accordance with subsections (3)((,)) and (4)((, and (5))) of this section. The applicant shall provide evidence of professional growth acceptable to the department within the designated professional growth reporting period((. A department guideline titled "Water Works Certification Program Guideline" is available to assist the applicant)) as described in the guideline.

(3) To demonstrate professional growth, a holder of WDM, WTPO, WDS, BTO or CCS certification shall accomplish one of the following activities during each professional growth reporting period:

(a) Accumulate a minimum of three CEU((s)), or college credits relevant to the operation, maintenance, or management of a water system, and which has an influence on water quality, public health or environmental protection;

(b) Advance by examination in the Washington water works operator certification program within the ((same)) classifications WDM and WTPO to a level 2, 3, or 4; or

(c) Achieve certification by examination in a different classification as shown below:

(i) WDM to WTPO, BTO or CCS;

(ii) WTPO to WDM, or CCS;

(iii) WDS to WDM ((or)), WTPO, BTO or CCS; ((or))

(iv) BTO to WDM, WTPO, WDS or CCS; or

(v) CCS to WDM, WTPO, or WDS.

(4) To demonstrate professional growth, a holder of a BAT certification shall satisfactorily complete the board's backflow assembly tester ((practical and written)) professional growth examination during each professional growth reporting period.

(5) ((To demonstrate professional growth, a holder of a BTO certification shall satisfactorily complete the board's basic treatment operator refresher practical and written examinations during each professional growth reporting period.

(6))) The ((secretary)) department shall notify an operator failing to renew the operator certificate by December 31st, that the certificate is temporarily valid for two months beginning January 1st.

(((7))) (6) A certificate not renewed during the two month period ((shall become)) is invalid. The ((secretary)) department shall notify the holder of an invalid certificate with ((a written)) notice in writing.

(((8))) (7) An operator failing to renew their certification under provisions of this section may reapply for certification and shall meet the requirements for a new applicant.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-090, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-090, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 201, Laws of 1982. 82-13-009 (Order 1823), 248-55-110, filed 6/4/82. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-110, filed 9/22/78.]


AMENDATORY SECTION(Amending WSR 94-04-004, filed 1/20/94, effective 2/20/94)

WAC 246-292-100
Revocation and suspension.

(1) The ((secretary)) department may suspend for a specified time or revoke an operator's certificate ((when)) if the operator:

(a) Obtains a certificate by fraud or deceit;

(b) Demonstrates gross negligence in the operation of a purification plant or a distribution system; or

(c) Intentionally violates the requirements of this chapter or any department rules or orders.

(2) The ((secretary)) department shall provide written notice of violation and reasonable opportunity for correction prior to taking action on revocation or suspension of a certificate.

(3) ((No action to revoke a certificate shall be initiated by)) The ((secretary unless and)) department shall not initiate action to revoke a certificate until the ((board)) department has conducted a hearing to consider the appropriateness of revocation ((and the board has recommended revocation to the secretary)).

(4) A revocation or suspension action brought under this section shall be conducted in accordance with RCW 43.70.115, chapter 34.05 RCW, and chapter 246-10 WAC.

(5) A person whose certificate is revoked is not eligible to apply for certification for one year from the effective date of the final order of revocation.

(6) A person whose certificate was revoked and who desires to reapply for a certificate shall apply as a new operator in accordance with WAC 246-292-070.

(7) An operator whose certificate is suspended shall continue to meet all renewal requirements in accordance with WAC 246-292-090 in order to maintain certification.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-100, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-100, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-120, filed 9/22/78.]


AMENDATORY SECTION(Amending WSR 94-04-004, filed 1/20/94, effective 2/20/94)

WAC 246-292-110
Enforcement.

When any Group A water system or operator is out of compliance with these regulations, the department may initiate appropriate enforcement actions as authorized under chapter 70.119 and 70.119A RCW. These actions may include any one or combination of the following:

(1) Issuance of informal letters instructing or requiring appropriate corrective measures;

(2) Issuance of a compliance schedule;

(3) Issuance of a departmental order;

(4) Issuance of civil penalties for up to five thousand dollars per day per violation;

(5) Prosecution as a criminal misdemeanor with fines up to one hundred dollars per offense; ((and))

(6) Revocation or suspension of a license; and

(7) Other legal action by the attorney general or local prosecutor.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-110, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-110, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-130, filed 9/22/78.]


AMENDATORY SECTION(Amending WSR 00-02-015, filed 12/27/99, effective 1/27/00)

WAC 246-292-160
Water works certification fees.

(1) Operator fees:

(a) Applicable fees ((shall be as indicated)) are listed in Table 2 of this section;

Table 2

WATER WORKS OPERATOR FEES

OPERATOR

CLASSIFICATION

APPLICATION

FEE

REAPPLICATION

FEE

ANNUAL

RENEWAL

FEE

LATE

FEE

WTPO $55.00 $27.00 $27.00* $27.00*
WDM $55.00 $27.00 $27.00* $27.00*
WDS $55.00 $27.00 $27.00* $27.00*
CCS $33.00 $27.00 $27.00* $27.00*
BAT $33.00 $27.00 $27.00 $27.00
BTO $33.00 $27.00 $27.00 $27.00

* The annual renewal fee and late fee for a WTPO, WDM, WDS and CCS certification shall be twenty-seven dollars regardless of the number of classifications held.

(b) A late fee shall be assessed to operators failing to submit the required fee within the time period specified on the renewal form; and

(c) The fee for application for reciprocity ((shall be)) is one hundred eleven dollars per classification.

(2) Group A system fees:

(a) Applicable fees ((shall be)) are listed as indicated in Table 3 of this section.

Table 3

ANNUAL SYSTEM CERTIFICATION FEES

SYSTEM SIZE*

(Number of Equivalent Services)

SYSTEM FEE
Less than 601 Services $ 83.00
601 through 6,000 Services $ 251.00
6,001 through 20,000 Services $ 335.00
More than 20,000 Services $ 503.00

* Systems designated by the department as approved satellite management agencies (SMAs) shall pay a fee based on total services in all systems owned by the SMA.

(b) Group A system fees shall be paid in conjunction with the system's annual operating permit fee required in chapter 246-294 WAC.

(c) A late fee shall be assessed against any system ((not submitting)) for failing to submit the applicable fee to the department within the designated time period. The late fee shall be based on the water system's classification and shall be an additional ten percent of the applicable system fee or twenty-seven dollars, whichever is greater.

(d) The system fee for issuance of a temporary certificate shall be fifty-five dollars for each temporary position.

(3) Fees ((shall be)) are nonrefundable and transfers of fees ((shall not be allowed)) are not allowable.

(4) Payment of fees required under this chapter shall be in the form of a check or money order made payable to the department of health and shall be mailed to Department of Health, P.O. Box 1099, Olympia, Washington 98507-1099, or such successor organization or address as designated by the department.

[Statutory Authority: RCW 43.70.250. 00-02-015, 246-292-160, filed 12/27/99, effective 1/27/00; 99-12-022, 246-292-160, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.20B.020. 98-12-015, 246-292-160, filed 5/22/98, effective 6/22/98. Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-160, filed 1/20/94, effective 2/20/94.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 246-292-170 Severability.

Washington State Code Reviser's Office