WSR 06-16-134

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed August 2, 2006, 9:34 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 246-272A-990 On-site sewage system fees and 246-272B-990 Large on-site sewage system fees.

Hearing Location(s): Department of Health, Town Center 2 Building, Room 158, 111 Israel Road S.E., Tumwater, WA 98501, on September 6, 2006, at 11:00.

Date of Intended Adoption: September 8, 2006.

Submit Written Comments to: Brad Avy, Wastewater Management Program, P.O. Box 47825, Tumwater, WA 98504-7825, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2250, by September 6, 2006.

Assistance for Persons with Disabilities: Contact Kelly Cooper by August 14, 2006, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will increase fees to support the department of health's on-site sewage system program activities. The legislature provided an exemption to exceed fiscal growth factor limits for these fees in chapter 518, Laws of 2005.

Reasons Supporting Proposal: The fees supporting both on-site sewage system product registration and large on-site sewage system plan review have not been updated since 1991. Program costs have increased since that time and the fee increases are necessary to adequately fund program activities that protect the public from public health risks associated with sewage.

Statutory Authority for Adoption: RCW 43.70.110 and 43.70.250.

Statute Being Implemented: RCW 43.70.110 and 43.70.250.

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

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting: Kelly Cooper, P.O. Box 47820, (360) 236-3012; Implementation and Enforcement: Brad Avy, P.O. Box 47825, (360) 236-3040.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), rules that set or adjust fees pursuant to legislative standards are exempt from the requirements of the Regulatory Fairness Act.

A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 34.05.328 (5)(b)(vi) rules that set or adjust fees pursuant to legislative standards are exempt from the cost-benefit analysis requirements.

August 1, 2006

M. C. Selecky

Secretary

OTS-8978.2


AMENDATORY SECTION(Amending WSR 05-15-119, filed 7/18/05, effective 9/15/05)

WAC 246-272A-990   Fees.   ((Fees will be set by DOH in a separate rule making. We will ask to recodify this section so that it will be in the new chapter until the new fees can be established.)) (1) Fees for proprietary product registration are as follows:


Category Base Fee Hourly Fee
Product registration - treatment or distribution - initial application $400.00 $100.00 per hour if the application requires more than four hours of review time
Transition from list of approved products and systems (both treatment and distribution products) $200.00 $100.00 per hour if the application requires more than two hours of review time
Annual registration renewal $100.00

(2) The base fee is required at the time of application. Any hourly fees for additional review time must be paid in full before the product will be registered.

[Statutory Authority: RCW 43.20.050. 05-15-119, 246-272A-990, filed 7/18/05, effective 9/15/05.]

OTS-8979.2


AMENDATORY SECTION(Amending WSR 03-22-098, filed 11/5/03, effective 12/6/03)

WAC 246-272B-990   Fees.   ((The minimum fee for required review of larger on-site system's engineering reports and plans and specifications shall be four hundred dollars. If review time exceeds eight hours, fifty dollars for each additional hour or part of an hour shall be added to the minimum fee. The fee for presite inspections for larger on-site systems shall be one hundred dollars per visit. The fee for final inspections of larger on-site systems shall be one hundred dollars per site visit.)) (1) Plan review and inspection. The following fees apply for LOSS application, review and inspection:


Category Base Fee Hourly Fee
Project review fee $800.00 $100.00 per hour if the application requires more than eight hours review time
Inspections (presite and final) $500.00 per visit N/A

The base fee is required at the time of application. Any hourly fees for additional review time must be paid in full before final approval is granted.

(2) Operating permits. The following fees apply for annual LOSS operating permits and renewals.


Category Base Fee System Volume Fee
Initial operating permit and annual renewal - unconditional systems $150.00 $.01 for each gallon of daily approved design flow
Annual renewal "noncompliant - conditional systems" $150.00 $.02 for each gallon of daily approved design flow

[Statutory Authority: RCW 43.20.050. 03-22-098, 246-272B-990, filed 11/5/03, effective 12/6/03.]

Washington State Code Reviser's Office