Purpose: The agency is increasing the annual underground storage tank fee from $75 to $100 per tank to fund the underground storage tank program. The rule also allows for a cost of living increase, as needed, due to recent statutory change and consistent with Initiative 601.

Citation of Existing Rules Affected by this Order: Amending WAC 173-360-190.

Statutory Authority for Adoption: Chapter 90.76 RCW.

Adopted under notice filed as WSR 98-10-091 on May 6, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 1, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Annual tank fees are effective the day of filing to be consistent with SSB 6130 which increased tank fees on July 1, 1998.

Effective Date of Rule: July 14, 1998.

July 13, 1998

Tom Fitzsimmons

Director

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

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

(1) Is located in this state;

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

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

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

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

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

This fee is not required of persons who have

(i) Permanently closed their tanks; and

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

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

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

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

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