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