Purpose: The purpose of this rule is to revise the fee schedule for the Office of Drinking Water to raise waterworks operator certification fees by 28.6% as allowed by an Initiative 601 exemption received during the 2006 [2005] legislative session.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-292-160.

     Statutory Authority for Adoption: RCW 43.70.250 and 70.119.160.

      Adopted under notice filed as WSR 05-19-051 on September 15, 2005.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: November 22, 2005.

M. C. Selecky

Secretary

OTS-8279.3

AMENDATORY SECTION(Amending WSR 04-12-123, filed 6/2/04, effective 7/3/04)

WAC 246-292-160   Water works certification fees.   (1) Operator fees:

     (a) Applicable fees are listed in Table 2 of this section;

Table 2
WATER WORKS OPERATOR FEES

OPERATOR CLASSIFICATION	APPLICATION FEE	REAPPLICATION FEE	ANNUAL RENEWAL FEE	LATE FEE
WTPO	$((68.00)) 87.00	$((33.00)) 42.00	$((33.00*)) 42.00*	$((27.00**)) 35.00**
WDM	$((68.00)) 87.00	$((33.00)) 42.00	$((33.00*)) 42.00*	$((27.00**)) 35.00**
WDS	$((68.00)) 87.00	$((33.00)) 42.00	$((33.00*)) 42.00*	$((27.00**)) 35.00**
CCS	$((40.00)) 51.00	$((33.00)) 42.00	$((33.00*)) 42.00*	$((27.00**)) 35.00**
BAT	$((40.00)) 51.00	$((33.00)) 42.00	$((33.00)) 42.00*	$((27.00)) 35.00
BTO	$((40.00)) 51.00	$((33.00)) 42.00	$((33.00)) 42.00*	$((27.00)) 35.00

*	The annual renewal fee for a WTPO,WDM,WDS and CCS certification is ((thirty-three)) thirty-five dollars regardless of the number of classifications held.

**	The annual late fee for a WTPO, WDM, WDS, and CCS certification is ((twenty-seven)) thirty-five dollars regardless of the number of classifications held.

     (b) The department will assess a late fee ((shall be assessed)) to operators ((failing)) who fail to submit the required fee within the time period specified on the renewal form; and

     (c) The fee for application for reciprocity is one hundred ((thirty-eight)) seventy-seven dollars per classification.

     (2) Group A system fees:

     (a) Applicable fees are listed as indicated in

Table 3 of this section.

Table 3
ANNUAL SYSTEM CERTIFICATION FEES

SYSTEM SIZE* (Number of Equivalent Services)	SYSTEM FEE
Less than 601 Services	$((103.00)) 132.00
601 through 6,000 Services	$((313.00)) 403.00
6,001 through 20,000 Services	$((417.00)) 536.00
More than 20,000 Services	$((629.00)) 809.00

*	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) A Group A system must pay the fee((s shall be paid)) in Table 3 in conjunction with the system's annual operating permit fee required in chapter 246-294 WAC.

     (c) The department will assess a late fee ((shall be assessed)) against any system ((for failing)) that fails to submit ((the applicable)) its fees to the department within the designated time period. The late fee ((shall be)) is based on the water system's classification and ((shall be an additional)) is equal to ten percent of the ((applicable)) system fee in Table 3 or ((twenty-seven)) thirty-five dollars, whichever is greater.

     (d) The system fee for issuance of a temporary certification shall be ((sixty-eight)) eighty-seven dollars for each temporary position.

     (3) Fees are nonrefundable and transfers of fees are not allowable.

     (4) ((Payment of)) Fees required under this chapter ((shall be in the form of a)) must be paid by check or money order made payable to the department of health and ((shall be)) mailed to the department ((of Health,)) at P.O. Box 1099, Olympia, Washington 98507-1099.

[Statutory Authority: RCW 43.70.250 and 70.119.160. 04-12-123, § 246-292-160, filed 6/2/04, effective 7/3/04. Statutory Authority: RCW 43.70.250, 43.20B.020, and 70.119.160. 03-13-028, § 246-292-160, filed 6/10/03, effective 7/11/03. Statutory Authority: RCW 43.70.250 and 70.119.160. 02-01-065, § 246-292-160, filed 12/14/01, effective 1/14/02. Statutory Authority: Chapter 70.119 RCW and Safe Drinking Water Act, Public Law 104-182; 64 F.R. 5916 - 5921. 01-02-070, § 246-292-160, filed 12/29/00, effective 1/29/01. Statutory Authority: RCW 43.70.250. 00-02-015, § 246-292-160, filed 12/27/99, effective 1/27/00; 99-12-022, § 246-292-160, filed 5/24/99, effective 6/24/99. 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.]