WSR 00-13-010

PERMANENT RULES

DEPARTMENT OF ECOLOGY


[ Order 00-06 -- Filed June 9, 2000, 1:01 p.m. ]

Date of Adoption: June 8, 2000.

Purpose: To correct a typographical error made in chapter 173-224 WAC, Wastewater discharge permit fees, that sets the FY 2001 annual fee for municipalities at a rate higher than the fiscal growth factor determined by the Office of Financial Management.

Citation of Existing Rules Affected by this Order: Amending chapter 173-224 WAC, Wastewater discharge permit fees.

Statutory Authority for Adoption: Chapter 90.48 RCW, Water pollution control.

Adopted under notice filed as WSR 00-07-112 on March 20, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

June 8, 2000

Tom Fitzsimmons

Director

OTS-3890.1


AMENDATORY SECTION(Amending Order 99-03, filed 12/28/99, effective 1/28/00)

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 2000

ANNUAL

PERMIT FEE

FY 2001

ANNUAL

PERMIT FEE

*FY 2002

ANNUAL PERMIT FEE AND BEYOND

Aluminum Alloys $12,229.00 $12,580.00 $12,915.00
Aluminum and Magnesium Reduction Mills
a. NPDES Permit 72,117.00 74,187.00 76,160.00
b. State Permit 36,060.00 37,095.00 38,082.00
Aluminum Forming 36,687.00 37,740.00 38,744.00
Aggregate Production - Individual Permit Coverage
a. Mining Activities
1. Mining, screening, washing and/or crushing 2,105.00 2,165.00 2,223.00
2. Nonoperating aggregate site (fee per site) 87.00 89.00 91.00
b. Asphalt Production
1. 0 - < 50,000 tons/yr. 877.00 902.00 926.00
2. 50,000 - < 300,000 tons/yr. 2,105.00 2,162.00 2,220.00
3. 300,000 tons/yr. and greater 2,631.00 2,707.00 2,779.00
c. Concrete Production
1. 0 - < 25,000 cu. yds/yr. 877.00 902.00 926.00
2. 25,000 - < 200,000 cu. yds/yr. 2,105.00 2,162.00 2,220.00
3. 200,000 cu. yds/yr. and greater 2,631.00 2,707.00 2,779.00
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 Facilities
1. Portable Rock Crushing Operations 2,105.00 2,165.00 2,223.00
2. Asphalt Portable Batch Plant 2,105.00 2,165.00 2,223.00
3. Concrete Portable Batch Plant 2,105.00 2,165.00 2,223.00
Aggregate Production - General Permit Coverage
a. Mining Activities
1. Mining, screening, washing and/or crushing 1,473.00 1,515.00 1,555.00
2. Nonoperating aggregate site (fee per site) 61.00 63.00 65.00
b. Asphalt Production
1. 0 - < 50,000 tons/yr. 614.00 632.00 649.00
2. 50,000 - < 300,000 tons/yr. 1,474.00 1,516.00 1,556.00
3. 300,000 tons/yr. and greater 1,841.00 1,894.00 1,944.00
c. Concrete Production
1. 0 - < 25,000 cu. yds/yr. 614.00 632.00 649.00
2. 25,000 - < 200,000 cu. yds/yr. 1,474.00 1,516.00 1,556.00
3. 200,000 cu. yds/yr. and greater 1,841.00 1,894.00 2,971.00
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 Facilities
1. Portable Rock Crushing Operations 1,474.00 1,516.00 1,556.00
2. Asphalt Portable Batch Plant 1,474.00 1,516.00 1,556.00
3. Concrete Portable Batch Plant 1,474.00 1,516.00 1,556.00
Aquaculture
a. Finfish hatching and rearing - Individual Permit 3,669.00 3,774.00 3,874.00
b. Finfish hatching and rearing - General Permit Coverage 2,569.00 2,643.00 2,713.00
c. Shellfish hatching 126.00 130.00 133.00
Boat Yards - Individual Permit Coverage
a. With storm water only discharge 313.00 322.00 331.00
b. All others 627.00 645.00 662.00
Boat Yards - General Permit Coverage
a. With storm water only discharge 219.00 225.00 231.00
b. All others 439.00 452.00 464.00
Coal Mining and Preparation
a. < 200,000 tons per year 4,890.00 5,030.00 5,164.00
b. 200,000 - < 500,000 tons per year 11,007.00 11,323.00 11,624.00
c. 500,000 - < 1,000,000 tons per year 19,565.00 20,127.00 20,662.00
d. 1,000,000 tons per year and greater 36,687.00 37,740.00 38,743.00
Combined Industrial Waste Treatment
a. < 10,000 gpd 2,446.00 2,516.00 2,583.00
b. 10,000 - < 50,000 gpd 6,114.00 6,289.00 6,456.00
c. 50,000 - < 100,000 gpd 12,229.00 12,580.00 12,914.00
d. 100,000 - < 500,000 gpd 24,458.00 25,160.00 25,829.00
e. 500,000 gpd and greater 36,687.00 37,740.00 38,744.00
Combined Food Processing Waste Treatment Facilities 11,708.00 12,044.00 12,364.00
Combined Sewer Overflow System
a. < 50 acres 2,446.00 2,516.00 2,583.00
b. 50 - < 100 acres 6,114.00 6,289.00 6,456.00
c. 100 - < 500 acres 7,339.00 7,550.00 7,751.00
d. 500 acres and greater 9,783.00 10,064.00 10,332.00
Commercial Laundry 313.00 322.00
Concentrated Animal Feeding Operation
a. < 200 Animal Units 125.00 129.00 132.00
b. 200 - < 400 Animal Units 313.00 322.00 331.00
c. 400 - < 600 Animal Units 627.00 645.00 662.00
d. 600 - < 800 Animal Units 940.00 967.00 993.00
e. 800 Animal Units and greater 1,254.00 1,290.00 1,324.00
Crop Preparing - Individual Permit Coverage
a. 0 - < 1,000 bins/yr. 244.00 251.00 258.00
b. 1,000 - < 5,000 bins/yr. 489.00 503.00 516.00
c. 5,000 - < 10,000 bins/yr. 978.00 1,006.00 1,033.00
d. 10,000 - < 15,000 bins/yr. 1,958.00 2,014.00 2,068.00
e. 15,000 - < 20,000 bins/yr. 3,239.00 3,332.00 2,421.00
f. 20,000 - < 25,000 bins/yr. 4,524.00 4,654.00 4,778.00
g. 25,000 - < 50,000 bins/yr. 6,052.00 6,226.00 6,392.00
h. 50,000 - < 75,000 bins/yr. 6,726.00 6,919.00 7,103.00
i. 75,000 - < 100,000 bins/yr. 7,825.00 8,050.00 8,264.00
j. 100,000 - < 125,000 bins/yr. 9,783.00 10,064.00 10,332.00
k. 125,000 - < 150,000 bins/yr. 12,229.00 12,580.00 12,915.00
l. 150,000 bins/yr. and greater 14,675.00 15,096.00 15,498.00
Crop Preparing - General Permit Coverage
a. 0 - < 1,000 bins/yr. 170.00 175.00 180.00
b. 1,000 - < 5,000 bins/yr. 342.00 352.00 362.00
c. 5,000 - < 10,000 bins/yr. 685.00 705.00 724.00
d. 10,000 - < 15,000 bins/yr. 1,371.00 1,410.00 1,448.00
e. 15,000 - < 20,000 bins/yr. 2,268.00 2,333.00 2,395.00
f. 20,000 - < 25,000 bins/yr. 3,167.00 3,258.00 3,345.00
g. 25,000 - < 50,000 bins/yr. 4,236.00 4,358.00 4,474.00
h. 50,000 - < 75,000 bins/yr. 4,708.00 4,843.00 4,972.00
i. 75,000 - < 100,000 bins/yr. 5,478.00 5,635.00 5,786.00
j. 100,000 - < 125,000 bins/yr. 6,848.00 7,045.00 7,232.00
k. 125,000 - < 150,000 bins/yr. 8,560.00 8,806.00 9,040.00
l. 150,000 bins/yr. and greater 10,272.00 10,567.00 10,848.00
Dairies $.50 per Animal Unit not to exceed $878.00 for FY 2000, $903.00 for FY 2001 and 927.00 for FY 2002
Facilities Not Otherwise Classified - Individual Permit Coverage
a. < 1,000 gpd 1,223.00 1,258.00 1,291.00
b. 1,000 - < 10,000 gpd 2,446.00 2,516.00 2,583.00
c. 10,000 - < 50,000 gpd 6,114.00 6,290.00 6,457.00
d. 50,000 - < 100,000 gpd 9,783.00 10,064.00 10,332.00
e. 100,000 - < 500,000 gpd 19,565.00 20,027.00 20,560.00
f. 500,000 - < 1,000,000 gpd 24,457.00 25,159.00 25,828.00
g. 1,000,000 gpd and greater 36,687.00 37,740.00 38,744.00
Facilities Not Otherwise Classified - General Permit Coverage
a. < 1,000 gpd 857.00 882.00 905.00
b. 1,000 - < 10,000 gpd 1,712.00 1,761.00 1,808.00
c. 10,000 - < 50,000 gpd 4,281.00 4,404.00 4,521.00
d. 50,000 - < 100,000 gpd 6,848.00 7,045.00 7,232.00
e. 100,000 - < 500,000 gpd 13,695.00 14,088.00 14,463.00
f. 500,000 - < 1,000,000 gpd 17,120.00 17,611.00 18,079.00
g. 1,000,000 gpd and greater 25,681.00 26,418.00 27,121.00
Flavor Extraction
a. Steam Distillation 125.00 129.00 132.00
Food Processing
a. < 1,000 gpd 1,222.00 1,257.00 1,290.00
b. 1,000 - < 10,000 gpd 3,118.00 3,207.00 3,292.00
c. 10,000 - < 50,000 gpd 5,564.00 5,724.00 5,876.00
d. 50,000 - < 100,000 gpd 8,743.00 8,994.00 9,232.00
e. 100,000 - < 250,000 gpd 12,229.00 12,580.00 12,915.00
f. 250,000 - < 500,000 gpd 16,081.00 16,543.00 16,983.00
g. 500,000 - < 750,000 gpd 20,177.00 20,756.00 21,308.00
h. 750,000 - < 1,000,000 gpd 24,457.00 25,159.00 28,528.00
i. 1,000,000 - < 2,500,000 gpd 29,961.00 30,821.00 31,641.00
j. 2,500,000 - < 5,000,000 gpd 33,629.00 34,594.00 35,514.00
k. 5,000,000 gpd and greater 36,687.00 37,740.00 38,744.00
Fuel and Chemical Storage
a. < 50,000 bbls 1,223.00 1,258.00 1,291.00
b. 50,000 - < 100,000 bbls 2,446.00 2,516.00 2,583.00
c. 100,000 - < 500,000 bbls 6,114.00 6,289.00 6,456.00
d. 500,000 bbls and greater 12,229.00 12,580.00 12,915.00
Hazardous Waste Clean Up Sites
a. Leaking Underground Storage Tanks (LUST)
1. State Permit 3,208.00 3,300.00 3,388.00
2. NPDES Permit Issued pre 7/1/94 3,208.00 3,300.00 3,338.00
3. NPDES Permit Issued post 7/1/94 6,415.00 6,599.00 6,775.00
b. Non-LUST Sites
1. 1 or 2 Contaminants of concern 6,272.00 6,452.00 6,624.00
2. > 2 Contaminants of concern 12,542.00 12,902.00 13,245.00
Ink Formulation and Printing
a. Commercial Print Shops 1,881.00 1,935.00 1,986.00
b. Newspapers 3,136.00 3,226.00 3,312.00
c. Box Plants 5,017.00 5,161.00 5,298.00
d. Ink Formulation 6,272.00 6,452.00 6,624.00
Inorganic Chemicals Manufacturing
a. Lime Products 6,114.00 6,289.00 6,456.00
b. Fertilizer 7,361.00 7,572.00 7,773.00
c. Peroxide 9,783.00 10,064.00 10,332.00
d. Alkaline Earth Salts 12,229.00 12,580.00 12,915.00
e. Metal Salts 17,119.00 17,610.00 18,078.00
f. Acid Manufacturing 24,457.00 25,159.00 25,829.00
g. Chlor-alkali 48,916.00 50,320.00 51,659.00
Iron and Steel
a. Foundries 12,229.00 12,580.00 12,915.00
b. Mills 24,479.00 25,181.00 25,851.00
Metal Finishing
a. < 1,000 gpd 1,466.00 1,508.00 1,548.00
b. 1,000 - < 10,000 gpd 2,445.00 2,515.00 2,582.00
c. 10,000 - < 50,000 gpd 6,113.00 6,288.00 6,455.00
d. 50,000 - < 100,000 gpd 12,228.00 12,579.00 12,914.00
e. 100,000 - < 500,000 gpd 24,456.00 25,158.00 25,827.00
f. 500,000 gpd and greater 36,685.00 37,738.00 38,742.00
Noncontact Cooling Water With Additives - Individual Permit Coverage
a. < 1,000 gpd 765.00 787.00 808.00
b. 1,000 - < 10,000 gpd 1,528.00 1,572.00 1,614.00
c. 10,000 - < 50,000 gpd 2,294.00 2,360.00 2,423.00
d. 50,000 - < 100,000 gpd 5,351.00 5,505.00 5,651.00
e. 100,000 - < 500,000 gpd 9,171.00 9,434.00 9,685.00
f. 500,000 - < 1,000,000 gpd 12,995.00 13,368.00 13,724.00
g. 1,000,000 - < 2,500,000 gpd 16,816.00 17,299.00 17,759.00
h. 2,500,000 - < 5,000,000 gpd 20,634.00 21,226.00 21,791.00
i. 5,000,000 gpd and greater 24,457.00 25,159.00 25,828.00
Noncontact Cooling Water With Additives - General Permit Coverage
a. < 1,000 gpd 536.00 552.00 567.00
b. 1,000 - < 10,000 gpd 1,069.00 1,100.00 1,129.00
c. 10,000 - < 50,000 gpd 1,606.00 1,652.00 1,696.00
d. 50,000 - < 100,000 gpd 3,746.00 3,854.00 3,957.00
e. 100,000 - < 500,000 gpd 6,420.00 6,604.00 6,780.00
f. 500,000 - < 1,000,000 gpd 9,097.00 9,358.00 9,607.00
g. 1,000,000 - < 2,500,000 gpd 11,771.00 12,109.00 12,431.00
h. 2,500.000 - < 5,000,000 gpd 14,444.00 14,858.00 15,253.00
i. 5,000,000 gpd and greater 17,120.00 17,611.00 18,079.00
Noncontact Cooling Water Without Additives - Individual Permit Coverage
a. < 1,000 gpd 612.00 630.00 647.00
b. 1,000 - < 10,000 gpd 1,223.00 1,258.00 1,291.00
c. 10,000 - < 50,000 gpd 1,835.00 1,888.00 1,938.00
d. 50,000 - < 100,000 gpd 4,281.00 4,404.00 4,521.00
e. 100,000 - < 500,000 gpd 7,339.00 7,550.00 7,751.00
f. 500,000 - < 1,000,000 gpd 10,394.00 10,692.00 10,981.00
g. 1,000,000 - < 2,500,000 gpd 13,452.00 13,838.00 14,206.00
h. 2,500,000 - < 5,000,000 gpd 16,508.00 16,982.00 17,434.00
i. 5,000,000 gpd and greater 19,565.00 20,127.00 20,662.00
Noncontact Cooling Water Without Additives - General Permit Coverage
a. < 1,000 gpd 428.00 441.00 453.00
b. 1,000 - < 10,000 gpd 857.00 882.00 905.00
c. 10,000 - < 50,000 gpd 1,284.00 1,321.00 1,356.00
d. 50,000 - < 100,000 gpd 2,996.00 3,082.00 3,164.00
e. 100,000 - < 500,000 gpd 5,137.00 5,284.00 5,425.00
f. 500,000 - < 1,000,000 gpd 7,276.00 7,485.00 7,684.00
g. 1,000,000 - < 2,500,000 gpd 9,417.00 9,687.00 9,945.00
h. 2,500,000 - < 5,000,000 gpd 11,556.00 11,888.00 12,204.00
i. 5,000,000 gpd and greater 13,695.00 14,088.00 14,623.00
Nonferrous Metals Forming 12,229.00 12,580.00 12,915.00
Ore Mining
a. Ore Mining 2,446.00 2,516.00 2,583.00
b. Ore mining with physical concentration processes 4,891.00 5,031.00 5,165.00
c. Ore mining with physical and chemical concentration processes 19,565.00 20,127.00 20,662.00
Organic Chemicals Manufacturing
a. Fertilizer 12,229.00 12,580.00 12,915.00
b. Aliphatic 24,457.00 25,159.00 25,828.00
c. Aromatic 36,687.00 37,740.00 38,744.00
Petroleum Refining
a. < 10,000 bbls/d 24,457.00 25,159.00 25,828.00
b. 10,000 - < 50,000 bbls/d 48,916.00 50,320.00 51,659.00
c. 50,000 bbls/d and greater 97,835.00 100,643.00 103,320.00
Photofinishers
a. < 1,000 gpd 978.00 1,006.00 1,034.00
b. 1,000 gpd and greater 2,446.00 2,516.00 2,583.00
Power and/or Steam Plants
a. Steam Generation - Nonelectric 4,890.00 5,030.00 5,164.00
b. Hydroelectric 4,890.00 5,030.00 5,164.00
c. Nonfossil Fuel 7,338.00 7,549.00 7,750.00
d. Fossil Fuel 19,565.00 20,127.00 20,662.00
Pulp, Paper and Paper Board
a. Fiber Recyclers 12,228.00 12,579.00 12,914.00
b. Paper Mills 24,457.00 25,159.00 25,828.00
c. Groundwood Pulp Mills
1. < 300 tons per day 36,687.00 37,740.00 38,744.00
2. > 300 tons per day 73,373.00 75,479.00 77,487.00
d. Chemical Pulp Mills
w/o Chlorine Bleaching 97,829.00 100,637.00 103,314.00
e. Chemical Pulp Mills
w/Chlorine Bleaching 110,057.00 113,216.00 116,228.00
Radioactive Effluents and Discharges (RED)
a. < 3 waste streams 23,674.00 24,353.00 25,001.00
b. 3 - < 8 waste streams 41,087.00 42,266.00 43,390.00
c. 8 waste streams and greater 67,672.00 69,614.00 71,466.00
RCRA Corrective Action Sites 17,189.00 17,682.00 18,152.00
Seafood Processing
a. < 1,000 gpd 1,223.00 1,258.00 1,291.00
b. 1,000 - < 10,000 gpd 3,118.00 3,207.00 3,292.00
c. 10,000 - < 50,000 gpd 5,564.00 5,724.00 5,876.00
d. 50,000 - < 100,000 gpd 8,743.00 8,994.00 9,233.00
e. 100,000 gpd and greater 12,229.00 12,580.00 12,915.00
Shipyards
a. Per crane, travel lift, small boat lift 2,446.00 2,516.00 2,583.00
b. Per drydock under 250 ft in length 2,446.00 2,516.00 2,583.00
c. Per graving dock 2,446.00 2,516.00 2,583.00
d. Per marine way 3,669.00 3,774.00 3,874.00
e. Per sycrolift 3,669.00 3,774.00 3,874.00
f. Per drydock over 250 ft in length 4,891.00 5,031.00 5,165.00
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 4,891.00 5,031.00 5,165.00
b. < 50 acres 9,783.00 10,063.00 10,331.00
c. 50 - < 100 acres 19,565.00 20,127.00 20,662.00
d. 100 - < 250 acres 24,457.00 25,159.00 25,828.00
e. 250 acres and greater 36,687.00 37,740.00 38,744.00
Storm Water (Unless specifically categorized elsewhere.)
a. Individual Industrial Permits
1. < 50 acres 2,446.00 2,516.00 2,583.00
2. 50 - < 100 acres 4,891.00 5,031.00 5,165.00
3. 100 - < 500 acres 7,338.00 7,549.00 7,750.00
4. 500 acres and greater 9,783.00 10,064.00 10,332.00
b. Facilities covered under the Industrial Storm Water General Permit 325.00 334.00 343.00
c. Construction activities covered under the Industrial Storm Water General Permit 325.00 334.00 343.00
Textile Mills 48,916.00 50,320.00 51,659.00
Timber Products
a. Log Storage 2,446.00 2,516.00 2,583.00
b. Veneer 4,891.00 5,031.00 5,165.00
c. Sawmills 9,783.00 10,064.00 10,332.00
d. Hardwood, Plywood 17,119.00 17,610.00 18,078.00
e. Wood Preserving 24,457.00 24,159.00 24,802.00
Vegetable/Bulb Washing Facilities
a. < 1,000 gpd 81.00 83.00 85.00
b. 1,000 - < 5,000 gpd 162.00 167.00 171.00
c. 5,000 - < 10,000 gpd 322.00 331.00 340.00
d. 10,000 - < 20,000 gpd 648.00 667.00 685.00
e. 20,000 and greater 1,072.00 1,103.00 1,132.00
Vehicle Maintenance and Freight Transfer
a. < 0.5 acre 2,446.00 2,516.00 2,583.00
b. 0.5 - < 1.0 acre 4,891.00 5,031.00 5,165.00
c. 1.0 acre and greater 7,338.00 7,549.00 7,750.00
Water Plants - Individual Permit Coverage 3,058.00 3,146.00 3,230.00
Water Plants - General Permit Coverage 2,141.00 2,202.00 2,261.00
Wineries
a. < 500 gpd 250.00 257.00
b. 500 - < 750 gpd 501.00 515.00 518.00
c. 750 - < 1,000 gpd 1,001.00 1,030.00
d. 1,000 - < 2,500 gpd 2,001.00 2,058.00 2,113.00
e. 2,500 - < 5,000 gpd 3,191.00 3,283.00 3,370.00
f. 5,000 gpd and greater 4,380.00 4,506.00 4,626.00

* Fees for FY 2002 are based on the projected fiscal growth factor of 2.66% established by the governor's office of financial management. Ecology will increase fees to match the final fiscal growth factor determination and will directly notify permit holders of their fee assessment no later than March, 2001.

(a) Facilities other than those in the aggregate production, crop preparing, 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:


(i) Residential Equivalents (RE) FY 2000 Annual

Permit Fee

FY 2001 Annual

Permit Fee

*FY 2002 Annual Permit Fee and Beyond
< 250,000 $ 1.51 per RE $ ((1.59)) 1.55 per RE $ 1.59 per RE
> 250,000 .91 per RE ((.97)) .94 per RE .97 per RE

* Fees for FY 2002 are based on the projected fiscal growth factor of 2.66% established by the governor's office of financial management. Ecology will increase fees to match the final fiscal growth factor determination and will directly notify permit holders of their fee assessment no later than March, 2001.

(ii) Municipal storm water permit annual fee for only those entities listed below will be:


Name of Entity FY 2000 Annual

Permit Fee

FY 2001 Annual

Permit Fee

*FY 2002 Annual Permit Fee and Beyond
King County $ 27,856.00 $ 28,655.00 $29,417.00
Snohomish County 27,856.00 28,655.00 29,417.00
Pierce County 27,856.00 28,655.00 29,417.00
Tacoma, City of 27,856.00 28,655.00 29,417.00
Seattle, City of 27,856.00 28,655.00 29,417.00
Department of Transportation 27,856.00 28,655.00 29,417.00
Clark County 27,856.00 28,655.00 29,417.00

* Fees for FY 2002 are based on the projected fiscal growth factor of 2.66% established by the governor's office of financial management. Ecology will increase fees to match the final fiscal growth factor determination and will directly notify permit holders of their fee assessment no later than March, 2001.

Facilities listed in (a)(ii) of this subsection shall pay an annual fee for fiscal year 2000 and fiscal year 2001 regardless of the permit issuance date or the number of municipal storm water permits under which they are covered.

(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 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 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 domestic wastewater facilities that do not serve primarily residential customers and for state-owned domestic wastewater facilities are the following:


Permitted Flows FY 2000 Annual

Permit Fee

FY 2001 Annual

Permit Fee

*FY 2002 Annual Permit Fee and Beyond
.1 MGD and Greater $6,114.00 $6,289.00 $6,456.00
.05 MGD to < .1 MGD 2,446.00 2,516.00 2,583.00
.0008 MGD to < .05 MGD 1,223.00 1,258.00 1,291.00
< .0008 MGD 367.00 378.00 388.00

* Fees for FY 2002 are based on the projected fiscal growth factor of 2.66% established by the governor's office of financial management. Ecology will increase fees to match the final fiscal growth factor determination and will directly notify permit holders of their fee assessment no later than March, 2001.

(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.

[Statutory Authority: Chapter 90.48 RCW. 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.]

Washington State Code Reviser's Office