Effective Date of Rule: Thirty-one days after filing.

     Purpose: Revision of SCAPCA Regulation I, Article X, Section 10.09 - Asbestos fees - to achieve full cost recovery for SCAPCA's comprehensive asbestos program.

     Citation of Existing Rules Affected by this Order: Amending SCAPCA Regulation I, Article X, Section 10.09 - Asbestos fees.

     Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380(2).

      Adopted under notice filed as WSR 06-11-129 on May 22, 2006.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: July 13, 2006.

Matt Holmquist

for Brenda Smits

Air Quality Specialist

     REGULATION I, ARTICLE X, SECTION 10.09 - ASBESTOS FEES

ARTICLE X

SECTION 10.09 ASBESTOS FEES

     Written notification, as required in Article IX, Section 9.04, shall be accompanied by the appropriate nonrefundable fee according to Section 10.09.A.

A Notification Period and Fees

	Project	Size or Type	Notification Period	Fee
	Owner-Occupied, Single-Family Residence Asbestos Project (excluding demolition)	Notification Not Required	None	None
	Owner-Occupied, Single-Family Residence Demolition	All	Prior Notice	$((25)) 30
	All Other Demolitions with no asbestos project	All	10 Days	$((150)) 250
	Asbestos Project includes demolition fee*	10-259 linear ft 48-159 square ft	3 Days	$((150)) 250
	Asbestos Project includes demolition fee	260-999 linear ft 160-4,999 square ft	10 Days	$((300)) 500
	((Asbestos Project includes demolition fee))	((1,000-9,999 linear ft)) ((5,000-49,999 square ft))	((10 Days))	(($750))
	Asbestos Project includes demolition fee	((>10,000)) ≥1,000 linear ft ((>50,000)) ≥5,000 square ft	10 Days	$((1,500)) 1,250
	Emergency	9.04.C	Prior Notice**	Additional fee equal to project fee
	Amendment***	9.04.B	Prior Notice	$((50)) 0
	Alternate Means of Compliance (demolitions or friable asbestos-containing material)	9.07.A or C	10 Days	Additional fee equal to project fee
	Alternate Means of Compliance (non-friable asbestos-containing material)	9.07.B	10 Days	Additional fee equal to project fee
	Exception for Hazardous Conditions	9.05.B	Concurrent with Project	Regular Project Fee
	Annual	9.04.A.8	Prior Notice	$1,000

*	Demolitions with asbestos projects involving less than 10 linear feet or less than 48 square feet may submit an asbestos project notification under this project category and will be eligible for the 3-day notification period.
**	Except in the case where advance notice is not required pursuant to Section 9.04.C.2.
***	For an amendment where the project type or job size category is associated with a higher fee, a fee equal to the difference between the fee associated with the most recently submitted notification and the fee associated with the increased project type or job size category shall be submitted in addition to the (($50)) amendment fee.

     B. The Control Officer may waive the asbestos project fee and notification period, by written authorization, for disposal of unused and intact or abandoned (without the knowledge or consent of the property owner) asbestos-containing materials. All other asbestos project and demolition requirements remain in effect.

     C. Where a compliance investigation is conducted pursuant to Section 9.04 of this Regulation, the compliance investigation fee shall be equal to $50 per hour of compliance investigation.

     D. The asbestos project fee in Section 10.09.a is waived for any demolition performed in accordance with RCW 52.12.150(6), where the good faith inspection is an asbestos survey, as defined in Section 9.02.G, performed by an AHERA Building Inspector, as defined in Section 9.02.A.

     E. Fees shall be paid without regard to whether the request(s) associated with this Section are approved or denied.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

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