Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Environmental health program fees, WAC 246-290-990 Water system evaluation and project review and approval fees, 246-282-990 Shellfish program certification fees, 246-292-160 Water works certification fees, 246-254-070, 246-254-080, 246-254-090, 246-254-100 Fees for specialized radioactive material licenses, and 246-205-990 Fees for decontamination of illegal drug sites.

Purpose: Increase fees to the fiscal growth factor of 4.18%.

Statutory Authority for Adoption: RCW 43.70.250.

Summary: Fees support public health activities in the drinking water, shellfish, toxics, and radiation protection programs and need to be adjusted to compensate for inflation and guaranteeing sufficient revenue to fulfill public health protection obligation.

Reasons Supporting Proposal: Fees are necessary to continue program activities at their current level.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jan Haywood, Tumwater, (360) 236-3011.

Name of Proponent: Department of Health, Environmental Health Programs, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The purposes of these rules are to guarantee that programs have sufficient revenue to fulfill the obligation to protect public health, in order to do this; fees must be increased to support services the Department of Health provides. With the revenue increased, programs will be able to maintain the current level of public health activities.

Proposal Changes the Following Existing Rules: The change to the existing rule is a proposed fee increase only.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules that set or adjust fees pursuant to legislative standards are exempt from the Regulatory Fairness Act.

RCW 34.05.328 does not apply to this rule adoption. Rules that set or adjust fees pursuant to legislative standards are exempt from the requirements of RCW 34.05.328.

Hearing Location: 7171 Cleanwater Lane, Building 1, Olympia, WA 98504, on April 28, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Jan Haywood, (360) 236-3011, by April 21, 1999, TDD (800) 833-6388.

Submit Written Comments to: Jan Haywood, fax (360) 236-2250, by April 28, 1999.

Date of Intended Adoption: May 15, 1999.

March 22, 1999

Kris Van Gorkom

Deputy Secretary

OTS-2831.1

AMENDATORY SECTION(Amending Order 125SB, filed 1/24/91, effective 4/1/91)

WAC 246-205-990
Fees.

(1) The department shall charge fees for issuance and renewal of certificates.  The department shall set the fees by rule.

(2) The fees shall cover the cost of issuing certificates, filing papers and notices, and administering this chapter.  The costs shall include reproduction, travel, per diem, and administrative and legal support costs.

(3) Fees are nonrefundable and shall be in the form of check or money order made payable to the department.

(4) The department shall require payment of the following fees upon receipt of application:

(a) ((Twenty-five)) Twenty-six dollars shall be assessed for each initial, renewal, or reciprocal worker certificate application.

(b) ((Twenty-five)) Twenty-six dollars shall be assessed for each initial, renewal, or reciprocal supervisor certificate application.

(c) Five hundred twenty dollars shall be assessed for each initial, renewal, or reciprocal authorized contractor certificate application.  The applicant's certificate shall expire annually on the expiration date of the contractor's license issued under the provisions of chapter 18.27 RCW.

(d) Two hundred five dollars shall be assessed for each initial application and fifty dollars shall be assessed for each renewal application for illegal drug manufacturing or storage site decontamination training course approval.

[Statutory Authority: RCW 64.44.060 and chapter 64.44 RCW.  91-04-007 (Order 125SB), § 246-205-990, filed 1/24/91, effective 4/1/91.]

OTS-2832.2

AMENDATORY SECTION(Amending WSR 98-11-068, filed 5/19/98, effective 6/19/98)

WAC 246-290-990
Water system evaluation and project review and approval fees.

(1) The fees for the review and approval of water system plans, project reports, construction documents, existing systems, and related evaluations required under chapters 246-290, 246-291, 246-293, and 246-295 WAC shall be as follows:

(a) Water system plans required under WAC 246-290-100, 246-290-105, 246-291-140, 246-293-220, ((and)) 246-293-230, and 246-294-060.

			——————————————— Group A —————————————
Project Type	Group B		<100 Services		100 to 500 Services		501 to 999 Services		1,000 to 9,999 Services		10,000 or more Services
Water system plan (New and Updated)	(($113.00 $117		$396.00 $412		$966.00 $1,006		$1,825.00 $1,901		$2,966.00 $3,089		$4,389.00)) $4,572
Minor water system plan alteration	(($ 28.00 $29		$ 95.00 $98		$238.00 $247		$455.00 $474		$738.00 $768		$1,081.00)) $1,126

(b) Satellite management agency (SMA) plans for Group A and Group B water systems required under WAC 246-295-040.

	————— Total Active or Approved Services —————
Project Type	<100 Services			100 to 500 Services		501 to 999 Services		1,000 to 9,999 Services		10,000 or more Services
SMA plan for ownership (New and Updated)	(($396.00 $412			$966.00 $1,006		$1,825.00 $1,901		$2,966.00 $3,089		$4,389.00)) $4,572
SMA approval amendment		(($84.00)) $87 per hour or appropriate fee from category above, whichever is less
SMA plan for operation only (New and Updated)	(($966.00 $1,006			$966.00 $1,006		$966.00 $1,006		$966.00 $1,006		$966.00)) $1,006

Note:

SMAs owning water systems and submitting planning documents to the department for review shall be charged only the SMA fee.

(c) New plan elements required under WAC 246-290-100, 246-290-105, 246-290-125, 246-290-132, 246-290-135, 246-290-691, and 246-291-140 including:

(i) Conservation; and

(ii) Wellhead protection, shall be reviewed separately by the department and the fee assessed shall reflect the time spent for this review and shall be calculated based on ((eighty-four)) eighty-seven dollars per hour.  After the initial submittal, updated information shall be reviewed as part of the updated water system plan and the review fee shall be included in the applicable updated plan review fee listed under (a) or (b) of this subsection.

(d) Project reports required under WAC 246-290-110 and design reports required under WAC 246-291-120.

			——————————————— Group A —————————————
Project Type	Group B		<100 Services		100 to 500 Services		501 to 999 Services		1,000 to 9,999 Services		10,000 or more Services
All types of filtration or other complex treatment processes	(($281.00 $292		$570.00 $593		$885.00 $921		$1,281.00 $1,334		$1,765.00 $1,838		$2,341.00)) $2,438
Chemical addition only, such as ion exchange, hypochlorination, or fluoridation	(($84.00 $87		$167.00 $173		$281.00 $292		$423.00 $440		$597.00 $621		$798.00)) $831
Complete water system (an additional fee shall be assessed for review of treatment facility, if any)	(($167.00 $173		$396.00 $412		$624.00 $650		$912.00 $950		$1,254.00 $1,306		$1,651.00)) $1,720
System modifications requiring a detailed evaluation to determine whether the system, as modified, will comply with regulations (an additional fee shall be assessed for review of treatment facility, if any)	(($113.00 $117		$281.00 $292		$455.00 $474		$684.00 $712		$966.00 $1,006		$1,303.00)) $1,357

(e) Special reports or plans required under WAC ((246-290-115,)) 246-290-230, ((246-291-230)) 246-290-235, 246-290-250, 246-290-470, 246-290-636, 246-290-640, 246-290-654, ((and)) 246-290-676, 246-291-230 including:

(i) Corrosion control recommendation report;

(ii) Corrosion control study;

(iii) Plan to cover uncovered reservoirs;

(iv) Predesign study;

(v) Uncovered reservoir plan of operation;

(vi) Tracer study plan;

(vii) Surface water or GWI treatment facility operations plan; ((or))

(viii) Filtration pilot study; or

(ix) GWI determination reports, shall be reviewed by the department and the fee assessed shall reflect the time spent for this review and shall be calculated based on ((eighty-four)) eighty-seven dollars per hour.

(f) Construction documents required under WAC 246-290-120 and design reports required under WAC 246-291-120.

			——————————————— Group A —————————————
Project Type	Group B		<100 Services		100 to 500 Services		501 to 999 Services		1,000 to 9,999 Services		10,000 or more Services
All types of filtration or other complex treatment processes	(($281.00 $292		$570.00 $593		$885.00 $921		$1,281.00 $1,334		$1,765.00 $1,838		$2,341.00)) $2,438
Chemical addition only, such as ion exchange, hypochlorination, or fluoridation	(($ 84.00 $87		$167.00 $173		$281.00 $292		$423.00 $440		$597.00 $621		$798.00)) $831
Complete new water system except treatment (an additional fee shall be assessed for review of treatment facility, if any)	(($227.00 $236		$509.00 $530		$738.00 $768		$1,026.00 $1,068		$1,369.00 $1,426		$1,765.00)) $1,838
New source only (an additional fee shall be assessed for review of treatment facility, if any)	(($167.00 $173		$309.00 $321		$423.00 $440		$570.00 $593		$738.00 $768		$939.00)) $978
One or more of the following submitted as a package and not requiring a detailed evaluation as determined by the department: Water line installation, booster pump station, modifications to source pumping, piping-valving, controls or storage reservoir (an additional fee shall be assessed for review of treatment facility, if any)	(($113.00 $117		$195.00 $203		$309.00 $321		$455.00 $474		$624.00 $650		$825.00)) $859
Documents submitted for projects such as water line installation, booster pump stations, modifications to source pumping, piping/valving, controls or storage reservoirs as determined by the department where such projects:
Comply with design standards established by the department;
Are prepared by a professional engineer in accordance with WAC 246-290-040; and
Do not require a detailed evaluation by the department.	(($ 54.00 $56		$ 97.00 $101		$162.00 $168		$227.00 $236		$314.00 $327		$412.00)) $429

(g) Existing system approval required under WAC 246-290-140 and 246-291-130. For the purpose of this subsection the department shall determine whether a system is expanding or nonexpanding.

			———————————————— Group A —————————————
Project Type	Group B		<100 Services		100 to 500 Services		501 to 999 Services		1,000 to 9,999 Services		10,000 or more Services
NONEXPANDING system not requiring a detailed evaluation by the department	(($216.00 $225		$433.00 $451		$651.00 $678		$868.00 $904		$1,086.00 $1,131		$1,303.00)) $1,357
NONEXPANDING system requiring a detailed evaluation as determined by the department	(($325.00 $338		$651.00 $678		$978.00 $1,018		$1,303.00 $1,357		$1,629.00 $1,697		$1,956.00)) $2,037
EXPANDING system not requiring a detailed evaluation by the department	(($433.00 $451		$868.00 $904		$1,303.00 $1,357		$1,738.00 $1,810		$2,173.00 $2,263		$2,607.00)) $2,715
EXPANDING system requiring a detailed evaluation as determined by the department	(($543.00 $565		$1,086.00 $1,131		$1,629.00 $1,697		$2,173.00 $2,263		$2,716.00 $2,829		$3,259.00)) $3,395

(h) Monitoring waivers requested under WAC 246-290-300.

		———————————————— Group A ———————————————
Project Type	Group B	<100 Services	100 to 500 Services	501 to 999 Services	1,000 to 9,999 Services	10,000 or more Services
Inorganic chemical monitoring waiver	Not applicable	(($ 75.00)) $ 78 per source	(($103.00)) $107 per source	(($130.00)) $135 per source	(($157.00)) $163 per source	(($184.00)) $191 per source
Organic chemical monitoring waiver	Not applicable	(($135.00)) $140 per source	(($189.00)) $196 per source	(($244.00)) $254 per source	(($298.00)) $310 per source	(($352.00)) $366 per source
Use waiver	Not applicable	(($162.00)) $168 per source	(($216.00)) $225 per source	(($276.00)) $287 per source	(($325.00)) $338 per source	(($379.00)) $394 per source
Area wide waiver renewal	Not applicable	(($216.00)) $168 per source	(($298.00)) $208 per source	(($379.00)) $247 per source	(($460.00)) $287 per source	(($543.00)) $316 per source
Inorganic chemical monitoring waiver renewal	Not applicable	(($ 42.00)) $ 43 per source	(($ 54.00)) $ 56 per source	(($ 64.00)) $ 66 per source	(($ 75.00)) $ 78 per source	(($ 86.00)) $ 89 per source
Organic chemical monitoring waiver renewal	Not applicable	(($ 81.00)) $ 84 per source	(($113.00)) $117 per source	(($146.00)) $152 per source	(($178.00)) $185 per source	(($211.00)) $219 per source
Use waiver renewal	Not applicable	(($113.00)) $117 per source	(($151.00)) $157 per source	(($189.00)) $196 per source	(($227.00)) $236 per source	(($265.00)) $276 per source
Coliform monitoring waiver including departmental inspection requested by purveyor	Not applicable	(($342.00 $356	$423.00 $440	$537.00 $559	$684.00)) $712	Not applicable
Coliform monitoring waiver with third-party inspection report	Not applicable	(($108.00 $112	$108.00 $112	$108.00 $112	$108.00)) $112	Not applicable

(i) Other evaluations and approvals.  As applicable, these fees will be charged in addition to the basic fees assessed under (a) through (h) of this subsection.

				——————————————— Group A————————————————
Project Type		Group B		<100 Services		100 to 500 Services		501 to 999 Services		1,000 to 9,999 Services		10,000 or more Services
Well-site evaluation and approval including the site inspection and hydrogeologic information review.		(($167.00 $173		$249.00 $259		$293.00 $305		$363.00 $378		$455.00 $474		$570.00)) $593
Regulatory monitoring plan1		No plan required		(($162.00 $168		$216.00 $225		$271.00 $282		$325.00 $338		$379.00)) $394
Unfiltered system annual comprehensive report		Not applicable		(($325.00 $338		$543.00 $565		$760.00 $791		$978.00 $1,018		$1,194.00)) $1,243
1	A comprehensive document containing coliform, inorganic chemical and organic chemical monitoring plans in accordance with WAC 246-290-300 (((2)(b), (3)(f), and (7)(e))).
Water system compliance report		(($ 95.00 $ 98		$ 95.00 $ 98		$ 95.00 $ 98		$ 95.00 $ 98		$ 95.00 $ 98		$ 95.00)) $ 98

(2) To determine the appropriate fee for a noncommunity system, calculate the service equivalent by taking the average population served each day of operation and dividing by twenty-five for a transient noncommunity (TNC) system and two and one-half for nontransient noncommunity (NTNC) system.  Use the number of service equivalents to find out what Group A size category to look under and submit the appropriate fee.  (All noncommunity systems are Group A systems as described in WAC 246-290-020.)

(3) Additional review and approval fees may be assessed as follows:

(a) The basic fee covers an evaluation, or the review of an initial submittal and one resubmittal if required.  If additional resubmittals are required, an additional twenty-five percent of the original fee will be assessed for each additional resubmittal.  For water system plan and SMA plan preparation the basic fee also covers a preplanning conference.  When the department is asked to participate in other meetings involving the plan such as community meetings, public hearings, or meetings with elected officials, the department is authorized to charge additional fees at the rate of ((eighty-four)) eighty-seven dollars per hour;

(b) Fees for department project approval based on local technical review will be determined on a case-by-case basis as outlined in the applicable memorandum of understanding between the department and the respective local agency;

(c) Fees for services which the department determines are not described under subsection (1) of this section, will be calculated based on a rate of ((eighty-four)) eighty-seven dollars per hour.

Examples of these services include, but are not limited to:

(i) Review and inspection of water reuse projects;

(ii) Collection of water quality samples requested by purveyor;

(iii) Review of alternate technologies requested by purveyor, manufacturer or authorized representative; ((or))

(iv) Sanitary surveys, including the annual on-site inspections required for systems under WAC 246-290-690(3) to assess watershed control and disinfection treatment;

(v) Well field designations; or

(vi) Transfers of ownership under WAC 246-290-035 or 246-294-060.

(d) Additional fees assessed by the department shall be billed to the purveyor using an itemized invoice.

(4) If the legislature revises the water system operating permit fee under RCW 70.119A.110 to incorporate into it one or more fees for service currently assessed separately under this section, and the purveyor has paid that consolidated fee, the department shall not assess or collect a separate fee under this section for any such service.

(5) All fees required under this section except as noted in subsection (3) of this section, shall be submitted prior to the department's approval.  Payment of fees shall be in the form of a check or money order made payable to: The Department of Health.  Payment of a fee shall not guarantee approval of the submitted document or evaluation request.

(6) Purveyors unable to determine the appropriate fee payment to submit should contact the department.

[Statutory Authority: RCW 43.20B.020.  98-11-068, § 246-290-990, filed 5/19/98, effective 6/19/98; 97-12-032, § 246-290-990, filed 5/30/97, effective 6/30/97; 95-20-079, § 246-290-990, filed 10/4/95, effective 11/4/95; 93-01-006 (Order 315), § 246-290-990, filed 12/3/92, effective 1/3/93.  Statutory Authority: RCW 43.70.040.  91-02-049 (Order 121), recodified as § 246-290-990, filed 12/27/90, effective 1/31/91.  Statutory Authority: RCW 43.20A.055.  87-14-066 (Order 2493), § 440-44-048, filed 7/1/87; 83-14-038 (Order 1980), § 440-44-048, filed 6/30/83.]

OTS-2833.2

AMENDATORY SECTION(Amending WSR 98-12-015, filed 5/22/98, effective 6/22/98)

WAC 246-292-160
Water works certification fees.

(1) Operator fees:

(a) Applicable fees shall be as indicated in Table 2;

Table 2

WATER WORKS OPERATOR FEES

OPERATOR CLASSIFICATION	APPLICATION FEE	REAPPLICATION FEE	ANNUAL RENEWAL FEE	LATE FEE
WTPO	(($ 52.00)) $ 54.00	(($ 26.00)) $ 27.00	(($ 26.00*)) $ 27.00*	(($ 26.00*)) $ 27.00*
WDM	(($ 52.00)) $ 54.00	(($ 26.00)) $ 27.00	(($ 26.00*)) $ 27.00*	(($ 26.00*)) $ 27.00*
WDS	(($ 52.00)) $ 54.00	(($ 26.00)) $ 27.00	(($ 26.00*)) $ 27.00*	(($ 26.00*)) $ 27.00*
CCS	(($ 31.00)) $ 32.00	(($ 26.00)) $ 27.00	(($ 26.00*)) $ 27.00*	(($ 26.00*)) $ 27.00*
BAT	(($ 31.00)) $ 32.00	(($ 26.00)) $ 27.00	(($ 26.00)) $ 27.00	(($ 26.00)) $ 27.00
BTO	(($ 31.00)) $ 32.00	(($ 26.00)) $ 27.00	(($ 26.00)) $ 27.00	(($ 26.00)) $ 27.00

*	The annual renewal fee and late fee for a WTPO, WDM, WDS and CCS certification shall be ((twenty-six)) 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 one hundred ((four)) eight dollars per classification.

(2) Group A system fees:

(a) Applicable fees shall be as indicated in Table 3.

Table 3

ANNUAL SYSTEM CERTIFICATION FEES

SYSTEM SIZE* (Number of Equivalent Services)	SYSTEM FEE
Less than 601 Services	(($ 78.00)) $ 81.00
601 through 6,000 Services	(($ 234.00)) $ 243.00
6,001 through 20,000 Services	(($ 312.00)) $ 325.00
More than 20,000 Services	(($ 468.00)) $ 487.00

*	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 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-six)) twenty-seven dollars, whichever is greater.

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

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

(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 43.20B.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.]

OTS-2830.2

AMENDATORY SECTION(Amending WSR 98-12-068, filed 6/1/98, effective 7/2/98)

WAC 246-282-990
Shellfish program certification fees.

(1) Annual certificate fees are:

Type of Operation			Annual Fee
	Harvester			$250.
	Shellstock Shipper
		0 - 49 Acres		(($260.)) $270.
		50 or greater Acres		(($415.)) $430.
	Shucker-Packer
		Plants with floor space < 2000 sq. ft.		(($470.)) $485.
		Plants with floor space > 2000 sq. ft. and < 5000 sq. ft.		(($570.)) $590.
	Plants with floor space > 5000 sq. ft.			(($1,040.)) $1,080.

(2) Type of operations are defined as follows:

(a) "Shellstock shipper" ((shall)) means shippers growing, harvesting, buying, or selling shellstock.  Shellstock shippers are not authorized to shuck shellfish or to repack shucked shellfish.

(b) "Shucker-packer" ((shall)) means shippers shucking and packing shellfish.  A shucker-packer may act as a shellstock dealer.

(c) "Harvester" means a commercial shellfish operation with activities limited to harvesting shellstock, and shipping and selling it within Washington state to shellfish dealers licensed by the department.  Harvesters do not shuck shellfish; repack shucked shellfish; repack shellstock; or store shellstock in any location other than the approved growing area where the shellstock was harvested.

(3) "Export certificate" means a certificate issued by the department to a licensed shucker-packer or shellstock shipper for use in the foreign export of a lot or shipment of shellfish.  The fee for each export certificate shall be $10.

[Statutory Authority: RCW 43.20B.020 and 69.30.030.  98-12-068, § 246-282-990, filed 6/1/98, effective 7/2/98.  Statutory Authority: RCW 43.203.020 [43.20B.020].  97-12-031, § 246-282-990, filed 5/30/97, effective 6/30/97.  Statutory Authority: RCW 43.20B.020 and 69.30.030.  96-16-073, § 246-282-990, filed 8/6/96, effective 10/1/96.  Statutory Authority: RCW 43.70.040.  93-17-096 (Order 389), § 246-282-990, filed 8/17/93, effective 9/17/93; 91-02-049 (Order 121), recodified as § 246-282-990, filed 12/27/90, effective 1/31/91.  Statutory Authority: RCW 43.20A.055.  85-12-029 (Order 2236), § 440-44-065, filed 5/31/85; 84-13-006 (Order 2109), § 440-44-065, filed 6/7/84; 83-15-021 (Order 1991), § 440-44-065, filed 7/14/83.  Statutory Authority: 1982 c 201.  82-13-011 (Order 1825), § 440-44-065, filed 6/4/82.]

OTS-2829.1

AMENDATORY SECTION(Amending WSR 98-11-067, filed 5/19/98, effective 6/19/98)

WAC 246-254-070
Fees for specialized radioactive material licenses.

(1) Persons licensed or authorized to possess or use radioactive material in the following special categories shall forward annual fees to the department as follows:

(a) Four thousand ((five hundred forty-five)) six hundred ninety dollars for operation of a single nuclear pharmacy.

(b) ((Seven)) Eight thousand ((seven hundred fifty-five)) dollars for operation of a single nuclear laundry.

(c) ((Seven)) Eight thousand ((seven hundred fifty-five)) dollars for a license authorizing a single facility to use more than one curie of unsealed radioactive material in the manufacture and distribution of radioactive products or devices containing radioactive material.

(d) Two thousand ((seven)) eight hundred ((twenty-five)) ten dollars for a license authorizing a single facility to use less than or equal to one curie of unsealed radioactive material or any quantity of previously sealed sources in the manufacture and distribution of products or devices containing radioactive material.

(e) Seven hundred ((five)) thirty dollars for a license authorizing the receipt and redistribution from a single facility of manufactured products or devices containing radioactive material.

(f) Five thousand ((two)) three hundred seventy dollars for a license authorizing decontamination services operating from a single facility.

(g) Two thousand ((four)) five hundred ((sixty-five)) forty-five dollars for a license authorizing waste brokerage including the possession, temporary storage at a single facility, and over-packing only of radioactive waste.

(h) One thousand one hundred thirty-five dollars for a license authorizing equipment servicing involving:

(i) Incidental use of calibration sources;

(ii) Maintenance of equipment containing radioactive material; or

(iii) Possession of sealed sources for purpose of sales demonstration only.

(i) Two thousand ((fifty-five)) one hundred twenty dollars for a license authorizing health physics services, leak testing, or calibration services.

(j) One thousand ((two)) three hundred ((ninety)) thirty dollars for a civil defense license.

(k) ((Three)) Four hundred ((eighty-five)) dollars for a license authorizing possession of special nuclear material as pacemakers or depleted uranium as shielding.

(2) Persons licensed or authorized to possess and use radioactive material in the following broad scope categories shall forward annual fees to the department as follows:

(a) Fifteen thousand ((three)) eight hundred ((ninety)) eighty dollars for a license authorizing possession of atomic numbers three through eighty-three with maximum authorized possession of any single isotope greater than one curie.

(b) Seven thousand ((one)) three hundred ((ten)) forty dollars for a license authorizing possession of atomic numbers three through eighty-three with maximum authorized possession of any single isotope greater than 0.1 curie but less than or equal to one curie.

(c) Five thousand ((seven)) nine hundred ((twenty)) dollars for a license authorizing possession of atomic numbers three through eighty-three with maximum authorized possession less than or equal to 0.1 curie.

(3) Persons licensed or authorized to possess or use radioactive material which are not covered by any of the annual license fees described in WAC 246-254-070 through 246-254-100, shall pay fees as follows:

(a) An initial application fee of one thousand dollars;

(b) Billing at the rate of ninety dollars for each hour of direct staff time associated with issuing and maintaining the license and for the inspection of the license; and

(c) Any fees for additional services as described in WAC 246-254-120.

(d) The initial application fee will be considered a credit against billings for direct staff charges but is otherwise nonrefundable.

(4) Persons licensed or authorized to possess or use radioactive material in a facility for radioactive waste processing, including resource recovery, volume reduction, decontamination activities, or other waste treatment, but not permitting commercial on-site disposal, shall pay fees as follows:

(a) A nonrefundable initial application fee for a new license of sixteen thousand dollars which shall be credited to the applicant's quarterly billing described in (b) of this subsection; and

(b) Quarterly billings for actual direct and indirect costs incurred by the department including, but not limited to, license renewal, license amendments, compliance inspections, a resident inspector for time spent on the licensee's premises as deemed necessary by the department, laboratory and other support services, and travel costs associated with staff involved in the foregoing.

[Statutory Authority: RCW 43.70.110.  98-11-067, § 246-254-070, filed 5/19/98, effective 6/19/98.  Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW.  96-11-043, § 246-254-070, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-070, filed 5/25/95, effective 6/25/95; 94-11-011 § 246-254-070, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-070, filed 6/8/93, effective 7/9/93.  Statutory Authority: RCW 43.70.110.  91-22-027 (Order 208), § 246-254-070, filed 10/29/91, effective 11/29/91.]

(1) Persons licensed or authorized to possess or use radioactive material in the following medical or veterinary categories shall forward annual fees to the department as follows:

(a) Three thousand ((eight)) nine hundred ((forty-five)) seventy dollars for operation of a mobile nuclear medicine program from a single base of operation.

(b) Two thousand eight hundred ((five)) ninety-five dollars for a license authorizing groups II and III of WAC 246-235-120 for diagnostic nuclear medicine at a single facility.

(c) Two thousand ((four)) five hundred ((thirty)) forty dollars for a license authorizing groups IV and V of WAC 246-235-120 for medical therapy at a single facility.

(d) Three thousand ((eight)) nine hundred ((sixty-five)) ninety dollars for a license authorizing groups II or III and groups IV or V of WAC 246-235-120 for full diagnostic and therapy services at a single facility.

(e) Two thousand ((eighty)) one hundred forty-five dollars for a license authorizing group VI of WAC 246-235-120 for brachytherapy at a single facility.

(f) One thousand ((two)) three hundred ((ninety)) thirty dollars for a license authorizing brachytherapy or gamma stereotactic therapy or teletherapy at a single facility.

(g) ((One)) Two thousand ((nine hundred fifty-five)) twenty dollars for a license authorizing medical or veterinary possession of greater than two hundred millicuries total possession of radioactive material at a single facility.

(h) One thousand ((five)) six hundred ((sixty)) ten dollars for a license authorizing medical or veterinary possession of greater than thirty millicuries but less than or equal to two hundred millicuries total possession of radioactive material at a single facility.

(i) One thousand one hundred ((fifty)) eighty-five dollars for a license authorizing medical or veterinary possession of less than or equal to thirty millicuries total possession of radioactive material at a single facility.

(j) One thousand ((fifteen)) forty-five dollars for a license authorizing group I as defined in WAC 246-235-120 or in vitro uses of radioactive material at a single facility.

(k) Six hundred ((thirty)) fifty dollars for a license authorizing medical or veterinary possession of a sealed source for diagnostic use at a single facility.

(2) Persons with licenses authorizing multiple locations of use shall increase the annual fee by fifty percent for each additional location or base of operation.

[Statutory Authority: RCW 43.70.110.  98-11-067, § 246-254-080, filed 5/19/98, effective 6/19/98.  Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW.  96-11-043, § 246-254-080, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-080, filed 5/25/95, effective 6/25/95; 94-11-011 § 246-254-080, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-080, filed 6/8/93, effective 7/9/93.  Statutory Authority: RCW 43.70.110.  91-22-027 (Order 208), § 246-254-080, filed 10/29/91, effective 11/29/91.]

(1) Persons licensed or authorized to possess or use radioactive material in the following industrial categories shall forward annual fees to the department as follows:

(a) Four thousand ((five)) six hundred ((thirty)) seventy-five dollars for a license authorizing the use of radiographic exposure devices in one or more permanent radiographic vaults in a single facility.

(b) Six thousand ((seventy)) two hundred sixty-five dollars for a license authorizing the use of radiographic exposure devices at temporary job sites but operating from a single storage facility.

(c) ((Two)) Three thousand ((nine hundred seventy-five)) seventy dollars for a license authorizing well-logging activities including the use of radioactive tracers operating from a single storage facility.

(d) Six hundred ((forty-five)) sixty-five dollars for a license authorizing possession of portable sealed sources including moisture/density gauges and excluding radiographic exposure devices operating from a single storage facility.

(e) Seven hundred ((five)) thirty dollars for a license authorizing possession of any nonportable sealed source, including special nuclear material and excluding radioactive material used in a gas chromatograph at a single facility.

(f) Four hundred ((forty-five)) sixty dollars for a license authorizing possession of gas chromatograph units containing radioactive material at a single facility.

(g) One thousand two hundred ((twenty-five)) sixty-five dollars for a license authorizing possession of any self-shielded or pool type irradiator with sealed source total quantity greater than one hundred curies at a single facility.

(h) Six thousand ((four)) seven hundred ((ninety)) dollars for a license authorizing possession of sealed sources for a walk-in type irradiator at a single facility.

(i) Five thousand ((six)) eight hundred ((fifty-five)) thirty-five dollars for a license authorizing possession of greater than one gram of unsealed special nuclear material or greater than five hundred kilograms of source material at a single facility.

(j) One thousand eight hundred ((ten)) seventy dollars for a license authorizing possession of less than or equal to one gram of unsealed special nuclear material or five hundred kilograms of source material at a single facility.

(k) ((Two)) Three hundred ((ninety)) dollars for a license authorizing possession of static elimination devices not covered by a general license.

(2) Persons with licenses authorizing multiple locations of permanent storage shall increase the annual fee by fifty percent for each additional location.

(3) Depleted uranium registrants required to file Form RHF-20 shall forward an annual fee of sixty dollars to the department.

[Statutory Authority: RCW 43.70.110.  98-11-067, § 246-254-090, filed 5/19/98, effective 6/19/98.  Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW.  96-11-043, § 246-254-090, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-090, filed 5/25/95, effective 6/25/95; 94-11-011 § 246-254-090, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-090, filed 6/8/93, effective 7/9/93.  Statutory Authority: RCW 43.70.110.  91-22-027 (Order 208), § 246-254-090, filed 10/29/91, effective 11/29/91.]

(1) Persons licensed or authorized to possess or use unsealed radioactive material in the following laboratory categories shall forward annual fees to the department as follows:

(a) Three thousand one hundred ninety-five dollars for a license authorizing possession at a single facility of unsealed sources in amounts greater than:

(i) One millicurie of I-125 or I-131; or

(ii) One hundred millicuries of H-3 or C-14; or

(iii) Ten millicuries of any single isotope.

(b) One thousand five hundred ((thirty-five)) eighty-five dollars for a license authorizing possession at a single facility of unsealed sources in amounts:

(i) Greater than 0.1 millicurie and less than or equal to one millicurie of I-125 or I-131; or

(ii) Greater than ten millicuries and less than or equal to one hundred millicuries of H-3 or C-14; or

(iii) Greater than one millicurie and less than or equal to ten millicuries of any single isotope.

(c) One thousand ((two)) three hundred ((ninety)) thirty dollars for a license authorizing possession at a single facility of unsealed sources in amounts:

(i) Greater than 0.01 millicurie and less than or equal to 0.1 millicurie of I-125 or I-131; or

(ii) Greater than one millicurie and less than or equal to ten millicuries of H-3 or C-14; or

(iii) Greater than 0.1 millicurie and less than or equal to one millicurie of any other single isotope.

(d) Four hundred ((forty-five)) sixty dollars for a license authorizing possession at a single facility of unsealed or sealed sources in amounts:

(i) Less than or equal to 0.01 millicurie of I-125 or I-131; or

(ii) Less than or equal to one millicurie of H-3 or C-14; or

(iii) Less than or equal to 0.1 millicurie of any other single isotope.

(e) ((Five)) Six hundred ((ninety-five)) fifteen dollars for a license authorizing possession at a single facility of large quantities of naturally occurring radioactive material in total concentration not exceeding 0.002 microcurie per gram.

(2) Persons with licenses authorizing multiple locations of use shall increase the annual fee by fifty percent for each additional location.

(3) Persons registered to perform in vitro testing pursuant to Form RHF-15 shall forward an annual fee of sixty dollars to the department.

[Statutory Authority: RCW 43.70.110.  98-11-067, § 246-254-100, filed 5/19/98, effective 6/19/98.  Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW.  96-11-043, § 246-254-100, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-100, filed 5/25/95, effective 6/25/95; 94-11-011 § 246-254-100, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-100, filed 6/8/93, effective 7/9/93.  Statutory Authority: RCW 43.70.110.  91-22-027 (Order 208), § 246-254-100, filed 10/29/91, effective 11/29/91.]

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