Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-09-011.

     Title of Rule and Other Identifying Information: Rule amendment for chapter 173-224 WAC, Wastewater discharge permit fees.

     Hearing Location(s): Videoconference hearings at the following: Ecology Central Regional Office, 15 West Yakima Avenue, Suite 200, Sundance Room, Yakima, WA 98902; Ecology Eastern Regional Office, 4601 North Monroe Street, Room 1-SW-11, Spokane, WA 99205; and Ecology Headquarters Building, 300 Desmond Drive, Room R3A-19, Lacey, WA 98504; on August 24, 2011 at 1:30 p.m.

     Date of Intended Adoption: September 20, 2011.

     Submit Written Comments to: Bev Poston, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, e-mail bpos461@ecy.wa.gov, fax (360) 407-7151, by September 1, 2011, no later than 5:00 p.m.

     Assistance for Persons with Disabilities: Contact Bev Poston by August 5, 2011. Persons with hearing loss, call 711 for Washington relay service. Persons with a speech disability, call 877-833-6341.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To increase fees for some wastewater and stormwater permit fee categories by the following: 4.34 percent for state fiscal year 2012 and 4.62 percent for state fiscal year 2013 as authorized in ecology's budget passed by the 2011 Washington state legislature. The fee categories subject to the fee increase include: Aquatic pest control, boatyards, dairies, concentrated animal feeding operations, construction stormwater individual and general permits, industrial stormwater individual and general permits, municipal domestic wastewater permits, municipal stormwater permits, and water treatment plants.

     Reasons Supporting Proposal: The fee increase will allow continued operation of the wastewater/stormwater permit program. Wastewater and stormwater permits are tools used by ecology to ensure that man-made activities that discharge into the various water bodies of the state are discharged at a level where they will not impair the water.

     Statutory Authority for Adoption: RCW 90.48.465 Water pollution control. RCW 43.135.055 requires a majority vote of the legislature to raise or add fees. The 2011 legislature authorized ecology to increase fees by 4.34 percent for fiscal year 2012 and 4.62 percent for fiscal year 2013.

     Statute Being Implemented: RCW 90.48.465 Water pollution control.

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

     Name of Proponent: Department of ecology, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bev Poston, 300 Desmond Drive, Lacey, WA, (360) 407-6425.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 173-224 WAC, Wastewater discharge permit fees, already provides relief from fees for small business with no more than one million dollars in gross revenue from the activity regulated by the permit. To the extent there may be a disproportionate impact on small business, this provides mitigation, as would be required by the Regulatory Fairness Act (RCW 19.85.030) were a small business economic impact statement found to be necessary.

     A cost-benefit analysis is not required under RCW 34.05.328. Rules changing fee schedules are exempt from significant legislative rule cost-benefit analysis (RCW 34.05.328) requirements. The exemptions apply to rules which set or adjust fees or rates pursuant to legislative standards. Legislative standards for these fees appear in RCW 90.48.465 Water pollution control (authorizing the fee). Ecology is proposing to increase fees by the state fiscal growth factor projections determined by the Washington state expenditure limit committee.

July 19, 2011

Polly Zehm

Deputy Director

OTS-4054.3

AMENDATORY SECTION(Amending Order 09-06, filed 9/28/09, effective 10/29/09)

WAC 173-224-040   Permit fee schedule.   (1) Application fee. In addition to the annual fee, first time applicants (except those applying for coverage under a general permit) will pay a one time application fee of twenty-five percent of the annual permit fee, or $250.00, whichever is greater. An application fee will be assessed for RCRA sites regardless of whether a new permit is being issued or an existing permit for other than the discharge resulting from the RCRA corrective action, is being modified.

     (2) Industrial facility categories.

INDUSTRIAL FACILITY CATEGORIES				FY ((2010)) 2012 ANNUAL PERMIT FEE		FY ((2011)) 2013 ANNUAL PERMIT FEE & BEYOND
Aluminum Alloys				$16,713.00		$16,713.00
Aluminum and Magnesium Reduction Mills
	a.	NPDES Permit		98,554.00		98,554.00
	b.	State Permit		49,279.00		49,279.00
Aluminum Forming				50,136.00		50,136.00
Aggregate Production - Individual Permit Coverage
	a.	Mining Activities
		1.	Mining, screening, washing and/or crushing	2,876.00		2,876.00
		2.	Nonoperating aggregate site (fee per site)	118.00		118.00
	b.	Asphalt Production
		1.	0 - < 50,000 tons/yr.	1,198.00		1,198.00
		2.	50,000 - < 300,000 tons/yr.	2,877.00		2,877.00
		3.	300,000 tons/yr. and greater	3,598.00		3,598.00
	c.	Concrete Production
		1.	0 - < 25,000 cu. yds/yr.	1,198.00		1,198.00
		2.	25,000 - < 200,000 cu. yds/yr.	2,877.00		2,877.00
		3.	200,000 cu. yds/yr. and greater	3,598.00		3,598.00
The fee for a facility in the aggregate production category is the sum of the applicable fees in the mining activities and concrete and asphalt production categories.
	d.	Portable Operations
		1.	Rock Crushing	2,876.00		2,876.00
		2.	Asphalt	2,876.00		2,876.00
		3.	Concrete	2,876.00		2,876.00
Aggregate Production - General Permit Coverage
	a.	Mining Activities
		1.	Mining, screening, washing and/or crushing	2,012.00		2,012.00
		2.	Nonoperating aggregate site (fee per site)	83.00		83.00
	b.	Asphalt Production
		1.	0 - < 50,000 tons/yr.	840.00		840.00
		2.	50,000 - < 300,000 tons/yr.	2,013.00		2,013.00
		3.	300,000 tons/yr. and greater	2,517.00		2,517.00
	c.	Concrete Production
		1.	0 - < 25,000 cu. yds/yr.	840.00		840.00
		2.	25,000 - < 200,000 cu. yds/yr.	2,013.00		2,013.00
		3.	200,000 cu. yds/yr. and greater	2,517.00		2,517.00
The fee for a facility in the aggregate production category is the sum of the applicable fees in the mining activities and concrete and asphalt production categories.
	d.	Portable Operations
		1.	Rock Crushing	2,013.00		2,013.00
		2.	Asphalt	2,013.00		2,013.00
		3.	Concrete	2,013.00		2,013.00
Aquaculture
	a.	Finfish hatching and rearing - Individual Permit		5,012.00		5,012.00
	b.	Finfish hatching and rearing - General Permit Coverage		3,511.00		3,511.00
	c.	Shellfish hatching		182.00		190.00
Aquatic Pest Control
	a.	Irrigation Districts		((397.00)) 433.00		((415.00)) 453.00
	b.	Mosquito Control Districts		((397.00)) 433.00		((415.00)) 453.00
	c.	Invasive Moth Control		((397.00)) 433.00		((415.00)) 453.00
	d.	Aquatic Species Control & Eradication		((397.00)) 433.00		((415.00)) 453.00
	e.	Oyster Growers		((397.00)) 433.00		((415.00)) 453.00
	f.	Rotenone Control		((397.00)) 433.00		((415.00)) 453.00
Boat Yards - Individual Permit Coverage
	a.	With storm water only discharge		428.00		428.00
	b.	All others		856.00		856.00
Boat Yards - General Permit Coverage
	a.	With storm water only discharge		((313.00)) 341.00		((327.00)) 357.00
	b.	All others		((633.00)) 691.00		((662.00)) 723.00
Coal Mining and Preparation
	a.	< 200,000 tons per year		6,680.00		6,680.00
	b.	200,000 - < 500,000 tons per year		15,042.00		15,042.00
	c.	500,000 - < 1,000,000 tons per year		26,739.00		26,739.00
	d.	1,000,000 tons per year and greater		50,136.00		50,136.00
Combined Industrial Waste Treatment
	a.	< 10,000 gpd		3,342.00		((3342.00)) 3,342.00
	b.	10,000 - < 50,000 gpd		8,354.00		8,354.00
	c.	50,000 - < 100,000 gpd		16,713.00		16,713.00
	d.	100,000 - < 500,000 gpd		33,422.00		33,422.00
	e.	500,000 gpd and greater		50,136.00		50,136.00
Combined Food Processing Waste Treatment Facilities				16,000.00		16,000.00
Combined Sewer Overflow System
	a.	< 50 acres		3,342.00		3,342.00
	b.	50 - < 100 acres		8,354.00		8,354.00
	c.	100 - < 500 acres		10,030.00		10,030.00
	d.	500 acres and greater		13,368.00		13,368.00
Commercial Laundry				428.00		428.00
Concentrated Animal Feeding Operation
	a.	< 200 Animal Units		((180.00)) 196.00		((188.00)) 205.00
	b.	200 - < 400 Animal Units		((450.00)) 491.00		((471.00)) 514.00
	c.	400 - < 600 Animal Units		((901.00)) 984.00		((943.00)) 1,029.00
	d.	600 - < 800 Animal Units		((1,351.00)) 1,474.00		((1,413.00)) 1,542.00
	e.	800 Animal Units and greater		((1,803.00)) 1,968.00		((1,886.00)) 2,059.00
Crop Preparing - Individual Permit Coverage
	a.	0 - < 1,000 bins/yr.		333.00		333.00
	b.	1,000 - < 5,000 bins/yr.		669.00		669.00
	c.	5,000 - < 10,000 bins/yr.		1,337.00		1,337.00
	d.	10,000 - < 15,000 bins/yr.		2,676.00		2,676.00
	e.	15,000 - < 20,000 bins/yr.		4,425.00		4,425.00
	f.	20,000 - < 25,000 bins/yr.		6,183.00		6,183.00
	g.	25,000 - < 50,000 bins/yr.		8,271.00		8,271.00
	h.	50,000 - < 75,000 bins/yr.		9,192.00		9,192.00
	i.	75,000 - < 100,000 bins/yr.		10,694.00		10,694.00
	j.	100,000 - < 125,000 bins/yr.		13,368.00		13,368.00
	k.	125,000 - < 150,000 bins/yr.		16,712.00		16,712.00
	l.	150,000 bins/yr. and greater		20,055.00		20,055.00
Crop Preparing - General Permit Coverage
	a.	0 - < 1,000 bins/yr.		232.00		232.00
	b.	1,000 - < 5,000 bins/yr.		468.00		468.00
	c.	5,000 - < 10,000 bins/yr.		937.00		937.00
	d.	10,000 - < 15,000 bins/yr.		1,873.00		1,873.00
	e.	15,000 - < 20,000 bins/yr.		3,100.00		3,100.00
	f.	20,000 - < 25,000 bins/yr.		4,328.00		4,328.00
	g.	25,000 - < 50,000 bins/yr.		5,788.00		5,788.00
	h.	50,000 - < 75,000 bins/yr.		6,433.00		6,433.00
	i.	75,000 - < 100,000 bins/yr.		7,481.00		7,481.00
	j.	100,000 - < 125,000 bins/yr.		9,360.00		9,360.00
	k.	125,000 - < 150,000 bins/yr.		11,698.00		11,698.00
	l.	150,000 bins/yr. and greater		14,037.00		14,037.00
Dairies $.50 per Animal Unit not to exceed $((1,261.00)) 1,376.00 for FY ((2010)) 2012 and $((1,319.00)) 1,440.00 for FY ((2011)) 2013 & beyond
Facilities Not Otherwise Classified - Individual Permit Coverage
	a.	< 1,000 gpd		1,671.00		1,671.00
	b.	1,000 - < 10,000 gpd		3,342.00		3,342.00
	c.	10,000 - < 50,000 gpd		8,355.00		8,355.00
	d.	50,000 - < 100,000 gpd		13,368.00		13,368.00
	e.	100,000 - < 500,000 gpd		26,606.00		26,606.00
	f.	500,000 - < 1,000,000 gpd		33,422.00		33,422.00
	g.	1,000,000 gpd and greater		50,135.00		50,135.00
Facilities Not Otherwise Classified - General Permit Coverage
	a.	< 1,000 gpd		1,172.00		1,172.00
	b.	1,000 - < 10,000 gpd		2,425.00		2,425.00
	c.	10,000 - < 50,000 gpd		5,851.00		5,581.00
	d.	50,000 - < 100,000 gpd		9,360.00		9,360.00
	e.	100,000 - < 500,000 gpd		18,715.00		18,715.00
	f.	500,000 - < 1,000,000 gpd		23,394.00		23,394.00
	g.	1,000,000 gpd and greater		35,095.00		35,095.00
Flavor Extraction
	a.	Steam Distillation		171.00		171.00
Food Processing
	a.	< 1,000 gpd		1,670.00		1,670.00
	b.	1,000 - < 10,000 gpd		4,259.00		4,259.00
	c.	10,000 - < 50,000 gpd		7,604.00		7,604.00
	d.	50,000 - < 100,000 gpd		11,948.00		11,948.00
	e.	100,000 - < 250,000 gpd		16,712.00		16,712.00
	f.	250,000 - < 500,000 gpd		21,977.00		21,977.00
	g.	500,000 - < 750,000 gpd		27,572.00		27,572.00
	h.	750,000 - < 1,000,000 gpd		33,422.00		33,422.00
	i.	1,000,000 - < 2,500,000 gpd		41,175.00		41,175.00
	j.	2,500,000 - < 5,000,000 gpd		45,957.00		45,957.00
	k.	5,000,000 gpd and greater		50,136.00		50,136.00
Fuel and Chemical Storage
	a.	< 50,000 bbls		1,671.00		1,671.00
	b.	50,000 - < 100,000 bbls		3,342.00		3,342.00
	c.	100,000 - < 500,000 bbls		8,354.00		8,354.00
	d.	500,000 bbls and greater		16,713.00		16,713.00
Hazardous Waste Clean Up Sites
	a.	Leaking Underground Storage Tanks (LUST)
		1.	State Permit	4,383.00		4,383.00
		2.	NPDES Permit Issued pre 7/1/94	4,383.00		((4.383.00)) 4,383.00
		3.	NPDES Permit Issued post 7/1/94	8,765.00		8,765.00
	b.	Non-LUST Sites
		1.	1 or 2 Contaminants of concern	8,570.00		8,570.00
		2.	> 2 Contaminants of concern	17,140.00		17,140.00
Ink Formulation and Printing
	a.	Commercial Print Shops		2,571.00		2,571.00
	b.	Newspapers		4,286.00		4,286.00
	c.	Box Plants		6,856.00		6,856.00
	d.	Ink Formulation		8,571.00		8,571.00
Inorganic Chemicals Manufacturing
	a.	Lime Products		8,354.00		8,354.00
	b.	Fertilizer		10,058.00		10,058.00
	c.	Peroxide		13,368.00		13,368.00
	d.	Alkaline Earth Salts		16,713.00		16,713.00
	e.	Metal Salts		23,393.00		23,393.00
	f.	Acid Manufacturing		33,416.00		33,416.00
	g.	Chlor-alkali		66,846.00		66,846.00
Iron and Steel
	a.	Foundries		16,713.00		16,713.00
	b.	Mills		33,453.00		33,453.00
Metal Finishing
	a.	< 1,000 gpd		2,004.00		2,004.00
	b.	1,000 - < 10,000 gpd		3,341.00		3,341.00
	c.	10,000 - < 50,000 gpd		8,353.00		8,353.00
	d.	50,000 - < 100,000 gpd		16,712.00		16,712.00
	e.	100,000 - < 500,000 gpd		33,420.00		33,420.00
	f.	500,000 gpd and greater		50,133.00		50,133.00
Noncontact Cooling Water With Additives - Individual Permit Coverage
	a.	< 1,000 gpd		1,046.00		1,046.00
	b.	1,000 - < 10,000 gpd		1,459.00		1,459.00
	c.	10,000 - < 50,000 gpd		3,136.00		3,136.00
	d.	50,000 - < 100,000 gpd		7,314.00		7,314.00
	e.	100,000 - < 500,000 gpd		12,531.00		12,531.00
	f.	500,000 - < 1,000,000 gpd		17,758.00		17,758.00
	g.	1,000,000 - < 2,500,000 gpd		22,982.00		22,982.00
	h.	2,500,000 - < 5,000,000 gpd		28,082.00		28,082.00
	i.	5,000,000 gpd and greater		33,422.00		33,422.00
Noncontact Cooling Water With Additives - General Permit Coverage
	a.	< 1,000 gpd		733.00		733.00
	b.	1,000 - < 10,000 gpd		1,461.00		1,461.00
	c.	10,000 - < 50,000 gpd		2,195.00		2,195.00
	d.	50,000 - < 100,000 gpd		5,120.00		5,120.00
	e.	100,000 - < 500,000 gpd		8,773.00		8,773.00
	f.	500,000 - < 1,000,000 gpd		12,432.00		12,432.00
	g.	1,000,000 - < 2,500,000 gpd		16,086.00		16,086.00
	h.	2,500,000 - < 5,000,000 gpd		19,739.00		19,739.00
	i.	5,000,000 gpd and greater		23,394.00		23,394.00
Noncontact Cooling Water Without Additives - Individual Permit Coverage
	a.	< 1,000 gpd		838.00		838.00
	b.	1,000 - < 10,000 gpd		1,671.00		1,671.00
	c.	10,000 - < 50,000 gpd		2,509.00		2,509.00
	d.	50,000 - < 100,000 gpd		5,851.00		5,851.00
	e.	100,000 - < 500,000 gpd		10,030.00		10,030.00
	f.	500,000 - < 1,000,000 gpd		14,203.00		14,203.00
	g.	1,000,000 - < 2,500,000 gpd		18,310.00		18,310.00
	h.	2,500,000 - < 5,000,000 gpd		22,559.00		22,559.00
	i.	5,000,000 gpd and greater		26,739.00		26,739.00
Noncontact Cooling Water Without Additives - General Permit Coverage
	a.	< 1,000 gpd		586.00		586.00
	b.	1,000 - < 10,000 gpd		1,172.00		1,172.00
	c.	10,000 - < 50,000 gpd		1,757.00		1,757.00
	d.	50,000 - < 100,000 gpd		4,095.00		4,095.00
	e.	100,000 - < 500,000 gpd		7,019.00		7,019.00
	f.	500,000 - < 1,000,000 gpd		9,944.00		9,944.00
	g.	1,000,000 - < 2,500,000 gpd		12,868.00		12,868.00
	h.	2,500,000 - < 5,000,000 gpd		15,793.00		15,793.00
	i.	5,000,000 gpd and greater		18,715.00		18,715.00
Nonferrous Metals Forming				16,713.00		16,713.00
Ore Mining
	a.	Ore Mining		3,342.00		3,342.00
	b.	Ore mining with physical concentration processes		6,682.00		6,682.00
	c.	Ore mining with physical and chemical concentration processes		26,739.00		26,739.00
Organic Chemicals Manufacturing
	a.	Fertilizer		16,713.00		16,713.00
	b.	Aliphatic		33,422.00		33,422.00
	c.	Aromatic		50,136.00		50,136.00
Petroleum Refining
	a.	< 10,000 bbls/d		33,422.00		33,422.00
	b.	10,000 - < 50,000 bbls/d		66,266.00		66,266.00
	c.	50,000 bbls/d and greater		133,699.00		133,699.00
Photofinishers
	a.	< 1,000 gpd		1,337.00		1,337.00
	b.	1,000 gpd and greater		3,342.00		3,342.00
Power and/or Steam Plants
	a.	Steam Generation - Nonelectric		6,680.00		6,680.00
	b.	Hydroelectric		6,680.00		6,680.00
	c.	Nonfossil Fuel		10,028.00		10,028.00
	d.	Fossil Fuel		26,739.00		26,739.00
Pulp, Paper and Paper Board
	a.	Fiber Recyclers		16,711.00		16,711.00
	b.	Paper Mills		33,422.00		33,422.00
	c.	Groundwood Pulp Mills
		1.	< 300 tons per day	50,136.00		50,136.00
		2.	> 300 tons per day	100,270.00		100,270.00
	d.	Chemical Pulp Mills
		w/o Chlorine Bleaching		133,692.00		133,692.00
	e.	Chemical Pulp Mills
		w/Chlorine Bleaching		150,400.00		150,400.00
Radioactive Effluents and Discharges (RED)
	a.	< 3 waste streams		32,332.00		32,332.00
	b.	3 - < 8 waste streams		56,147.00		56,147.00
	c.	8 waste streams and greater		92,478.00		92,478.00
RCRA Corrective Action Sites				23,490.00		23,490.00
Seafood Processing
	a.	< 1,000 gpd		1,671.00		1,671.00
	b.	1,000 - < 10,000 gpd		4,259.00		4,259.00
	c.	10,000 - < 50,000 gpd		7,604.00		7,604.00
	d.	50,000 - < 100,000 gpd		11,948.00		11,948.00
	e.	100,000 gpd and greater		16,713.00		16,713.00
Shipyards
	a.	Per crane, travel lift, small boat lift		3,342.00		3,342.00
	b.	Per drydock under 250 ft in length		3,342.00		3,342.00
	c.	Per graving dock		3,342.00		3,342.00
	d.	Per marine way		5,012.00		5,012.00
	e.	Per sycrolift		5,012.00		5,012.00
	f.	Per drydock over 250 ft in length		6,682.00		6,682.00
	g.	In-water vessel maintenance		6,682.00		6,682.00
The fee for a facility in the shipyard category is the sum of the fees for the applicable units in the facility.
Solid Waste Sites (nonstorm water)
	a.	Nonputrescible		6,682.00		6,682.00
	b.	< 50 acres		13,367.00		13,367.00
	c.	50 - < 100 acres		26,739.00		26,739.00
	d.	100 - < 250 acres		33,422.00		33,422.00
	e.	250 acres and greater		50,136.00		50,136.00
Textile Mills				66,846.00		66,846.00
Timber Products
	a.	Log Storage		3,342.00		3,342.00
	b.	Veneer		6,682.00		6,682.00
	c.	Sawmills		13,368.00		13,368.00
	d.	Hardwood, Plywood		23,393.00		23,393.00
	e.	Wood Preserving		32,094.00		32,094.00
Vegetable/Bulb Washing Facilities
	a.	< 1,000 gpd		110.00		110.00
	b.	1,000 - < 5,000 gpd		224.00		224.00
	c.	5,000 - < 10,000 gpd		440.00		440.00
	d.	10,000 - < 20,000 gpd		887.00		887.00
	e.	20,000 and greater		1,464.00		1,464.00
Vehicle Maintenance and Freight Transfer
	a.	< 0.5 acre		3,342.00		3,342.00
	b.	0.5 - < 1.0 acre		6,682.00		6,682.00
	c.	1.0 acre and greater		10,028.00		10,028.00
Water Plants - Individual Permit Coverage				((4,180.00)) 4,361.00		((4,180.00)) 4,562.00
Water Plants - General Permit Coverage				((2,925.00)) 3,052.00		((2,925.00)) 3,193.00
Wineries
	a.	< 500 gpd		341.00		341.00
	b.	500 - < 750 gpd		684.00		684.00
	c.	750 - < 1,000 gpd		1,367.00		1,367.00
	d.	1,000 - < 2,500 gpd		2,734.00		2,734.00
	e.	2,500 - < 5,000 gpd		4,362.00		4,362.00
	f.	5,000 gpd and greater		5,987.00		5,987.00

     (a) Facilities other than those in the aggregate production, shipyard, or RCRA categories that operate within several fee categories or subcategories, shall be charged from that category or subcategory with the highest fee.

     (b) The total annual permit fee for a water treatment plant that primarily serves residential customers may not exceed three dollars per residential equivalent. The number of residential equivalents is determined by dividing the facility's annual gross revenue in the previous calendar year by the annual user charge for a single family residence that uses nine hundred cubic feet of water per month.

     (c) Crop preparation and aggregate production permit holders are required to submit information to the department certifying annual production (calendar year) or unit processes. When required, the department will send the information form to the permit holder. The permit holder shall complete and return the information form to the department by the required due date. Failure to provide this information will result in a fee determination based on the highest subcategory the facility has received permit coverage in.

     (i) Information submitted shall bear a certification of correctness and be signed:

     (A) In the case of a corporation, by an authorized corporate officer;

     (B) In the case of a limited partnership, by an authorized general partner;

     (C) In the case of a general partnership, by an authorized partner; or

     (D) In the case of a sole proprietorship, by the proprietor.

     (ii) The department may verify information submitted and, if it determines that false or inaccurate statements have been made, it may, in addition to taking other actions provided by law, revise both current and previously granted fee determinations.

     (d) Fees for crop preparers discharging only noncontact cooling water without additives shall pay the lesser of the applicable fee in the crop preparing or noncontact cooling water without additives categories.

     (e) Where no clear industrial facility category exists for placement of a permit holder, the department may elect to place the permit holder in a category with dischargers or permit holders that contain or use similar properties or processes and/or a category which contains similar permitting complexities to the department.

     (f) Hazardous waste clean up sites and EPA authorized RCRA corrective action sites with whom the department has begun cost recovery through chapter 70.105D RCW shall not pay a permit fee under chapter 173-224 WAC until such time as the cost recovery under chapter 70.105D RCW ceases.

     (g) Any permit holder, with the exception of nonoperating aggregate operations or a permitted portable facility, who has not been in continuous operation within a consecutive eighteen-month period or who commits to not being in operation for a consecutive eighteen-month period or longer can have their permit fee reduced to twenty-five percent of the fee that they would be otherwise assessed. This nonoperating mode must be verified by the appropriate ecology staff. Once operations resume, the permit fee will be returned to the full amount.

     Facilities who commit to the minimum eighteen-month nonoperating mode but go back into operation during the same eighteen-month period will be assessed permit fees as if they were active during the entire period.

     (h) Facilities with subcategories based on gallons per day (gpd) shall have their annual permit fee determined by using the maximum daily flow or maximum monthly average permitted flow in gallons per day as specified in the waste discharge permit, whichever is greater.

     (i) RCRA corrective action sites requiring a waste discharge permit will be assessed a separate permit fee regardless of whether the discharge is authorized by a separate permit or by a modification to an existing permit for a discharge other than that resulting from the corrective action.

     (3) MUNICIPAL/DOMESTIC FACILITIES

     (a) The annual permit fee for a permit held by a municipality for a domestic wastewater facility issued under RCW 90.48.162 or 90.48.260 is determined as follows:

Residential Equivalents (RE)	FY ((2010)) 2012 Annual Permit Fee		FY ((2011)) 2013 Annual Permit Fee & Beyond
< 250,000	$((1.89)) 2.07		$((1.98)) 2.16
> 250,000	((1.32)) 1.44		((1.38)) 1.51

     (b) The annual permit fee under RCW 90.48.162 or 90.48.260 that is held by a municipality which:

     (i) Holds more than one permit for domestic wastewater facilities; and

     (ii) Treats each domestic wastewater facility as a separate accounting entity, is determined as in (a) of this subsection.

     A separate accounting entity is one that maintains separate funds or accounts for each domestic wastewater facility. Revenues are received from the users to pay for the costs of operating that facility.

     (c) The sum of the annual permit fees for permits held by a municipality that:

     (i) Holds more than one permit for domestic wastewater facilities issued under RCW 90.48.162 or 90.48.260; and

     (ii) Does not treat each domestic wastewater facility as a separate accounting entity, as described in (b) of this subsection, is determined as in (a) of this subsection.

     (d) The permit fee for a privately owned and government-owned domestic wastewater facility that primarily serves residential customers is determined as in (a) of this subsection. Residential customers are those whose lot, parcel or real estate, or building is primarily used for domestic dwelling purposes.

     (e) The annual permit fee for privately owned or government-owned domestic wastewater facilities must be determined by using the maximum daily flow or maximum monthly average permitted flow in million gallons per day, whichever is greater, as specified in the waste discharge permit. Permit fees for privately owned or government-owned domestic wastewater facilities that do not serve primarily residential customers and for state-owned domestic wastewater facilities are the following:

Permitted Flows	FY ((2010)) 2012 Annual Permit Fee		FY ((2011)) 2013 Annual Permit Fee & Beyond
.1 MGD and Greater	$((8,788.00)) 9,592.00		$((9,193.00)) 10,035.00
.05 MGD to < .1 MGD	((3,516.00)) 3,838.00		((3,678.00)) 4,015.00
.0008 MGD to < .05 MGD	((1,758.00)) 1,919.00		((1,839.00)) 2,008.00
< .0008 MGD	((530.00)) 578.00		((554.00)) 605.00

     (f) The number of residential equivalents is calculated in the following manner:

     (i) If the facility serves only single-family residences, the number of residential equivalents is the number of single-family residences that it served on January 1 of the previous calendar year.

     (ii) If the facility serves both single-family residences and other classes of customers, the number of residential equivalents is calculated in the following manner:

     (A) Calculation of the number of residential equivalents that the facility serves in its own service area. Subtract from the previous calendar year's gross revenue:

     (I) Any amounts received from other municipalities for sewage interception, treatment, collection, or disposal; and

     (II) Any user charges received from customers for whom the permit holder pays amounts to other municipalities for sewage treatment or disposal services. Divide the resulting figure by the annual user charge for a single-family residence.

     (B) Calculation of the number of residential equivalents that the facility serves in other municipalities which pay amounts to the facility for sewage interception, treatment, collection, or disposal:

     (I) Divide any amounts received from other municipalities during the previous calendar year by the annual user charge for a single-family residence. In this case "annual user charge for a single-family residence" means the annual user charge that the facility charges other municipalities for sewage interception, treatment, collection, or disposal services for a single-family residence. If the facility charges different municipalities different single-family residential user fees, then the charge used in these calculations must be that which applies to the largest number of single-family residential customers. Alternatively, if the facility charges different municipalities different single-family residential user fees, the permit holder may divide the amount received from each municipality by the annual user charge that it charges that municipality for a single-family residence and sum the resulting figures.

     (II) If the facility does not charge the other municipality on the basis of a fee per single-family residence, the number of residential equivalents in the other municipality is calculated by dividing its previous calendar year's gross revenue by its annual user fee for a single-family residence. If the other municipality does not maintain data on its gross revenue, user fees, and/or the number of single-family residences that it serves, the number of residential equivalents is calculated as in (f)(iv) of this subsection.

     (III) If the other municipality serves only single-family residences, the number of residential equivalents may be calculated as in (f)(i) of this subsection.

     The sum of the resulting figures is the number of residential equivalents that the facility serves in other municipalities.

     (C) The number of residential equivalents is the sum of the number of residential equivalents calculated in (f)(ii)(A) and (B) of this subsection.

     (iii) The annual user fee for a single-family residence is calculated by either of the following methods, at the choice of the permit holder:

     (A) The annual user fee for a single-family residence using nine hundred cubic feet of water per month. If users are billed monthly, this is calculated by multiplying by twelve the monthly user fee for a single-family residence using nine hundred cubic feet of water per month. If users are billed bimonthly, the annual user fee is calculated by multiplying by six the bimonthly user fee for a single-family residence using one thousand eight hundred cubic feet of water per two-month period. If the user fee for a single-family residence varies, depending on age, income, location, etc., then the fee used in these calculations must be that which applies to the largest number of single-family residential customers.

     (B) The average annual user fee for a single-family residence. This average is calculated by dividing the previous calendar year's gross revenue from provision of sewer services to single-family residences by the number of single-family residences served on January 1 of the previous calendar year. If the user fee for a single-family residence varies, depending on age, income, location, etc., then the gross revenue and number of single-family residences used in making this calculation must be those for all the single-family residential customers.

     In either case, (f)(iii)(A) or (B) of this subsection, the permit holder must provide the department with a copy of its complete sewer rate schedule for all classes of customers.

     (iv) If a permit holder does not maintain data on its gross revenue, user fees, and/or the number of single-family residences that it serves, and therefore cannot use the methods described in (f)(i) or (ii) of this subsection to calculate the number of residential equivalents that it serves, then the number of residential equivalents that it serves is calculated by dividing the average daily influent flow to its facility for the previous calendar year by two hundred fifty gallons. This average is calculated by summing all the daily flow measurements taken during the previous calendar year and then dividing the resulting sum by the number of days on which flow was measured. Data for this calculation must be taken from the permit holder's discharge monitoring reports. Permit holders using this means of calculating the number of their residential equivalents must submit with their application a complete set of copies of their discharge monitoring reports for the previous calendar year.

     (g) Fee calculation procedures for holders of permits for domestic wastewater facilities.

     (i) Municipalities holding permits for domestic wastewater facilities issued under RCW 90.48.162 and 90.48.260, and holders of permits for privately owned domestic wastewater facilities that primarily serve residential customers must complete a form certifying the number of residential equivalents served by their domestic wastewater system. The form must be completed and returned to the department within thirty days after it is mailed to the permit holder by the department. Failure to return the form could result in permit termination.

     (ii) The form shall bear a certification of correctness and be signed:

     (A) In the case of a corporation, by an authorized corporate officer;

     (B) In the case of a limited partnership, by an authorized partner;

     (C) In the case of a general partnership, by an authorized partner;

     (D) In the case of a sole proprietorship, by the proprietor; or

     (E) In the case of a municipal or other public facility, by either a ranking elected official or a principal executive officer.

     (iii) The department may verify the information contained in the form and, if it determines that the permit holder has made false statements, may, in addition to taking other actions provided by law, revise both current and previously granted fee determinations.

     (4) STORM WATER PERMIT COVERAGES (UNLESS SPECIFICALLY CATEGORIZED ELSEWHERE IN WAC 173-224-040(2))

				FY ((2010)) 2012 Annual Permit Fee		FY ((2011)) 2013 Annual Permit Fee & Beyond
a.	Individual Construction or Industrial Storm Water Permits
	1.	< 50 acres		$((3,516.00)) 3,838.00		$((3,678.00)) 4,015.00
	2.	50 -< 100 acres		$((7,027.00)) 7,670.00		$((7,351.00)) 8,024.00
	3.	100 -< 500 acres		$((10,549.00)) 11,514.00		$((11,035.00)) 12,046.00
	4.	500 acres and greater		$((14,063.00)) 15,349.00		$((14,711.00)) 16,058.00
b.	Facilities Covered Under the Industrial Storm Water General Permit
	1.	Municipalities and state agencies		$((1,151.00)) 1,256.00		$((1,204.00)) 1,314.00
	2.	New permit holders without historical gross revenue information		$((605.00)) 660.00		$((633.00)) 690.00
	3.	The permit fee for all other permit holders shall be based on the gross revenue of the business for the previous calendar year
		Gross Revenue
			Less than $100,000	$((112.00)) 122.00		$((117.00)) 128.00
			$100,000 -< $1,000,000	$((485.00)) 529.00		$((507.00)) 553.00
			$1,000,000 -< $2,500,000	$((581.00)) 634.00		$((608.00)) 663.00
			$2,500,000 -< $5,000,000	$((969.00)) 1,058.00		$((1,014.00)) 1,107.00
			$5,000,000 -< $10,000,000	$((1,454.00)) 1,587.00		$((1,521.00)) 1,660.00
			$10,000,000 and greater	$((1,756.00)) 1,917.00		$((1,837.00)) 2,006.00

     To be eligible for less than the maximum permit fee, the permit holder must provide documentation to substantiate the gross revenue claims. Documentation shall be provided annually in a manner prescribed by the department. The documentation shall bear a certification of correctness and be signed:

     (a) In the case of a corporation, by an authorized corporate officer;

     (b) In the case of a limited partnership, by an authorized general partner;

     (c) In the case of a general partnership, by an authorized partner; or

     (d) In the case of a sole proprietorship, by the proprietor.

     The department may verify the information contained in the submitted documentation and, if it determines that the permit holder has made false statements, may deny the adjustment, revoke previously granted fee adjustments, and/or take such other actions deemed appropriate or required under state or federal law.

c.	Construction Activities Covered Under the Construction Storm Water General Permit(s)
	1.	Less than 5 acres disturbed area	$((454.00)) 496.00	$((475.00)) 519.00
	2.	5 -< 7 acres of disturbed area	$((740.00)) 808.00	$((774.00)) 845.00
	3.	7 -< 10 acres of disturbed area	$((999.00)) 1,090.00	$((1,045.00)) 1,140.00
	4.	10 -< 20 acres of disturbed area	$((1,362.00)) 1,487.00	$((1,425.00)) 1,556.00
	5.	20 acres and greater of disturbed area	$((1,695.00)) 1,850.00	$((1,773.00)) 1,935.00

     (5) MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMITS

     (a) Except as provided for in (d) of this subsection, the municipal storm water permit annual fee for the entities listed below will be:

Name of Entity	FY ((2010)) 2012 Annual Permit Fee		FY ((2011)) 2013 Annual Permit Fee & Beyond
King County	$((40,046.00)) 43,710.00		$((41,892.00)) 45,729.00
Snohomish County	((40,046.00)) 43,710.00		((41,892.00)) 45,729.00
Pierce County	((40,046.00)) 43,710.00		((41,892.00)) 45,729.00
Tacoma, City of	((40,046.00)) 43,710.00		((41,892.00)) 45,729.00
Seattle, City of	((40,046.00)) 43,710.00		((41,892.00)) 45,729.00
Washington Department of Transportation	((40,046.00)) 43,710.00		((41,892.00)) 45,729.00
Clark County	((40,046.00)) 43,710.00		((41,892.00)) 45,729.00

     (b) Municipal storm water general permit fees for cities and counties, except as otherwise provided for in (a), (c), and (d) of this subsection, will be determined in the following manner: For fiscal year ((2010)) 2012, ecology will charge $((1.17)) 1.27 per housing unit inside the geographic area covered by the permit for those cities and counties whose median household income exceeds the state average. Cities and counties whose median household income is less than the state average will have their fee per housing unit reduced to $((.56)) .62 per housing unit inside the geographic area covered by the permit. For fiscal year ((2011)) 2013, ecology will charge $((1.22)) 1.33 per housing unit inside the geographic area covered by the permit for those cities and counties whose median household income exceeds the state average. Cities and counties whose median household income is less than the state average will have their fee per housing unit reduced to $((.59)) .65 per housing unit inside the geographic area covered by the permit. Fees will not exceed $((40,046.00)) 43,710.00 for fiscal year ((2010)) 2012 and $((41,892.00)) 45,729.00 for fiscal year ((2011)) 2013. The minimum annual fee will not be lower than $((1,666.00)) 1,818.00 for fiscal year ((2010)) 2012 and $((1,742.00)) 1,902.00 for fiscal year ((2011)) 2013 unless the permitted city or county has a median household income less than the state average. In this case, the city or county will pay a fee totaling $((.56)) .62 per housing unit for fiscal year ((2010)) 2012. The fee amount for FY ((2011)) 2013 will be $((.59)) .65 per housing unit.

     (c) Other entities required to have permit coverage under a municipal storm water general permit will pay an annual fee based on the entities' previous year's annual operating budget as follows:

Annual Operating Budget	FY ((2010)) 2012 Annual Permit Fee		FY ((2011)) 2013 Annual Permit Fee & Beyond
Less than $100,000	$((117.00)) 127.00		$((122.00)) 133.00
$100,000 -< $1,000,000	$((469.00)) 512.00		$((491.00)) 536.00
$1,000,000 -< $5,000,000	$((1,172.00)) 1,279.00		$((1,226.00)) 1,338.00
$5,000,000 -< $10,000,000	$((1,757.00)) 1,918.00		$((1,838.00)) 2,007.00
$10,000,000 and greater	$((2,929.00)) 3,197.00		$((3,064.00)) 3,345.00

     For the purposes of determining the annual permit fee category, the annual operating budget shall be the entities' annual operating budget for the entities' previous fiscal year and shall be determined as follows:

     (i) For diking, drainage, irrigation, and flood control districts, the district's annual operating budget.

     (ii) For ports, the annual operating budget for the port district.

     (iii) For colleges, schools, and universities, the portion of the operating budget related to plant or facilities operation and maintenance for the site or sites subject to the permit.

     (iv) For state agencies, the annual operating budget for the site or sites subject to the permit.

     (v) For other entities not listed, ecology will consider annual revenue, and the noncapital operating budget for the site subject to the permit.

     (d) Municipal storm water permits written specifically for a single entity, such as a single city, county, or agency, issued after the effective date of this rule will have its annual fee determined in the following manner:

     (i) For cities and counties listed in (a) of this subsection, the fee shall be five times the amount identified.

     (ii) For cities and counties whose median household income exceeds the state average, the fee shall be the higher of either five times the otherwise applicable general permit fee or $30,000. For municipalities whose median household income is less than the state average, the fee shall be the higher of 2.5 times the otherwise applicable general permit fee or $15,000.

     (iii) For entities that would otherwise be covered under a municipal storm water general permit as determined in (c) of this subsection, the fiscal year ((2010)) 2012 annual fee for a permit written for a specific entity shall be $((8,330.00)) 9,092.00. For FY ((2011)) 2013, the annual fee will be $((8,714.00)) 9,512.00.

     (e) Ecology will assess a single permit fee for entities which apply only as co-permittees or co-applicants. The permit fee shall be equal to the highest single permit fee which would have been assessed if the co-permittees had applied separately.

[Statutory Authority: RCW 90.48.465. 09-20-020 (Order 09-06), § 173-224-040, filed 9/28/09, effective 10/29/09. Statutory Authority: Chapter 90.48 RCW. 08-16-109 (Order 08-05), § 173-224-040, filed 8/5/08, effective 9/5/08. Statutory Authority: RCW 90.48.465. 06-12-028 (Order 05-17), § 173-224-040, filed 5/30/06, effective 6/30/06; 04-15-046, § 173-224-040, filed 7/13/04, effective 8/13/04. Statutory Authority: Chapter 90.48 RCW. 02-12-059, § 173-224-040, filed 5/30/02, effective 6/30/02; 00-13-010 (Order 00-06), § 173-224-040, filed 6/9/00, effective 7/10/00; 00-02-031 (Order 99-03), § 173-224-040, filed 12/28/99, effective 1/28/00; 98-03-046 (Order 97-27), § 173-224-040, filed 1/15/98, effective 2/15/98; 96-03-041 (Order 94-21), § 173-224-040, filed 1/10/96, effective 2/10/96; 94-10-027 (Order 93-08), § 173-224-040, filed 4/28/94, effective 5/29/94; 92-03-131 (Order 91-45), § 173-224-040, filed 1/21/92, effective 2/21/92. Statutory Authority: Chapter 43.21A RCW. 89-12-027 and 90-07-015 (Order 89-8 and 89-8A), § 173-224-040, filed 5/31/89 and 3/13/90, effective 4/13/90.]

     Small business fee reduction.

     (1) To qualify for the fee reduction, a business must:

     (a) Be a corporation, partnership, sole proprietorship, or other legal entity formed for the purpose of making a profit;

     (b) Be independently owned and operated from all other businesses (i.e., not a subsidiary of a parent company);

     (c) Have annual sales of one million dollars or less of the goods or services produced using the processes regulated by the waste discharge or storm water discharge permit; and

     (d) Have an original annual fee assessment totaling five hundred dollars or greater.

     (2) To receive a fee reduction, the permit holder must submit an application in a manner prescribed by the department demonstrating that the conditions of subsection (1) of this section have been met. The application shall bear a certification of correctness and be signed:

     (a) In the case of a corporation, by an authorized corporate officer;

     (b) In the case of a limited partnership, by an authorized general partner;

     (c) In the case of a general partnership, by an authorized partner; or

     (d) In the case of a sole proprietorship, by the proprietor.

     (3) The department may verify the information contained in the application and, if it determines that the permit holder has made false statements, may deny the fee reduction request and revoke previously granted fee reductions.

     (4) The permit fee for small businesses determined to be eligible under subsection (1) of this section shall be reduced to fifty percent of the assessed annual permit fee.

     Extreme hardship fee reduction. Any industrial or construction small business with annual gross revenue totaling one hundred thousand dollars or less of the goods and services produced using the processes regulated by the waste discharge or storm water discharge permit may apply for an extreme hardship fee reduction. The small business must provide sufficient evidence to support its claim of an extreme hardship. In no case will a permit fee be reduced below $((112.00)) 122.00 for fiscal year ((2010)) 2012 and $((117.00)) 128.00 for fiscal year ((2011)) 2013.

[Statutory Authority: RCW 90.48.465. 09-20-020 (Order 09-06), § 173-224-090, filed 9/28/09, effective 10/29/09. Statutory Authority: Chapter 90.48 RCW. 08-16-109 (Order 08-05), § 173-224-090, filed 8/5/08, effective 9/5/08. Statutory Authority: RCW 90.48.465. 04-15-046, § 173-224-090, filed 7/13/04, effective 8/13/04. Statutory Authority: Chapter 90.48 RCW. 96-03-041 (Order 94-21), § 173-224-090, filed 1/10/96, effective 2/10/96; 94-10-027 (Order 93-08), § 173-224-090, filed 4/28/94, effective 5/29/94; 92-03-131 (Order 91-45), § 173-224-090, filed 1/21/92, effective 2/21/92. Statutory Authority: Chapter 43.21A RCW. 89-12-027 and 90-07-015 (Order 89-8 and 89-8A), § 173-224-090, filed 5/31/89 and 3/13/90, effective 4/13/90.]

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