Effective Date of Rule: Thirty-one days after filing.

     Purpose: This amendment will increase fees for the engineering review of dam construction plans and for periodic safety inspections to better reflect the actual cost of providing these services, and update the mailing address for submitting fees.

     Citation of Existing Rules Affected by this Order: Amending chapter 173-175 WAC.

     Statutory Authority for Adoption: Chapters 43.21A, 43.27A, 86.16, 90.03, 90.28, and 90.54 RCW. RCW 43.135.055 requires a majority vote of the legislature to raise or add fees. The 2011 legislature authorized ecology in section 302(2) of 2ESHB 1087.SL to increase dam safety fees by up to thirty-five percent in fiscal year 2012, and 4.62 percent in fiscal year 2013 as necessary to recover costs.

      Adopted under notice filed as WSR 11-22-056 on October 31, 2011.

     A final cost-benefit analysis is available by contacting Water Resources Program Publications, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6872, fax (360) 407-7162, e-mail WRPublications@ecy.wa.gov.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 5, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: February 26, 2012.

Ted Sturdevant

Director

OTS-4281.1

AMENDATORY SECTION(Amending Order 03-08, filed 8/4/04, effective 9/4/04)

WAC 173-175-360   Construction permit fees for new project construction.   (1) Fees for the review of plans and specifications and for construction inspection for new project construction shall be the amounts shown in Table 4A through June 30, 2012, and as shown in Table 4B thereafter, as ((adjusted by the fiscal growth factor, and)) determined by the nearest values of dam height and crest length, in feet, which correspond to the project's planned dam height and crest length.

     (2) ((The fees in Table 4 are automatically adjusted annually on July 1st by the fiscal growth factor as calculated under chapter 43.135 RCW. After July 1st of each year, the department shall publish the adjusted fees by providing notice on its internet site and by providing written notification by mail or electronic mail to permit applicants.

     (3))) Fees for the review of plans and specifications and for construction inspection for new dairy waste impoundments, and conservation dams, shall be ((in the amount of one thousand four hundred dollars)) one thousand eight hundred ninety dollars through June 30, 2012, and one thousand nine hundred seventy-seven dollars thereafter, provided the project meets the following requirements:

     (a) The facility has a low downstream hazard classification;

     (b) The maximum embankment height is less than fifteen feet;

     (c) The facility conforms with a set of standard plans and specifications prepared by the Natural Resource Conservation Service (NRCS) and approved by the department; and

     (d) The NRCS or its designee provides periodic oversight of construction to ensure that the facility conforms to the standard plans.

     If the project fails to meet any of the above requirements, the standard fees as described under subsection (1) of this section shall apply.

[Statutory Authority: RCW 43.21A.064, 43.21A.080, 86.16.061, 90.03.350 and [90.03].470. 04-16-122 (Order 03-08), § 173-175-360, filed 8/4/04, effective 9/4/04. Statutory Authority: RCW 43.21A.064, [43.21A.]080 and 86.16.061. 92-12-055 (Order 91-17), § 173-175-360, filed 6/1/92, effective 7/2/92.]

((TABLE 4. CONSTRUCTION PERMIT FEES - NEW PROJECT CONSTRUCTION

     (3) Fees for the review of plans and specifications and for construction inspection for repair of a dam with safety deficiencies as required by the department shall be ((one thousand four hundred dollars)) one thousand eight hundred ninety dollars through June 30, 2012, or one thousand nine hundred seventy-seven dollars thereafter.

     (4) Fees for the review of plans and specifications and for construction inspection for the removal or partial removal of a dam with safety deficiencies for the purpose of eliminating a public safety hazard shall be the minimum fee of ten dollars.

     (5) Fees for the review of plans and specifications and for construction inspection for the planned abandonment and reclamation of dams and reservoir areas used in mining operations shall be ((the minimum fee of one thousand four hundred dollars)) one thousand eight hundred ninety dollars through June 30, 2012, or one thousand nine hundred seventy-seven dollars thereafter.

TABLE 5. FEES FOR MODIFICATIONS OF DAMS

MODIFICATION FEE AS PERCENTAGE OF FEE FOR NEW DAM CONSTRUCTION

FEATURES MODIFIED	TABLE 5A MODIFICATIONS INVOLVING SIGNIFICANT ENLARGEMENTS	TABLE 5B MODIFICATIONS NOT INVOLVING SIGNIFICANT ENLARGEMENTS
Spillway(s)	35%	25%
Impounding Barrier	35%	25%
Appurtenant Works and Miscellaneous Construction Elements	10%	10%

[Statutory Authority: RCW 43.21A.064, 43.21A.080, 86.16.061, 90.03.350 and [90.03].470. 04-16-122 (Order 03-08), § 173-175-370, filed 8/4/04, effective 9/4/04. Statutory Authority: RCW 43.21A.064, [43.21A.]080 and 86.16.061. 92-12-055 (Order 91-17), § 173-175-370, filed 6/1/92, effective 7/2/92.]

     (a) An initial payment, which may represent all or a portion of the construction permit fee shall be paid in conjunction with the submittal of the construction permit application described in WAC 173-175-120. The amount of the initial payment shall be:

     (i) Ten dollars for the removal of a dam with safety deficiencies as described in WAC 173-175-370(3); or

     (ii) One thousand ((four)) eight hundred ninety dollars for construction of a new dam or modification of an existing dam or project through June 30, 2012, and one thousand nine hundred seventy-seven dollars thereafter.

     (b) The balance of the fee amount (less the initial payment above) is to be paid following notification by the department of the balance due.

     (c) All fees collected are nonrefundable.

     (2) No fee shall be required for the review of conceptual plans which describe proposed repairs or improvements to existing dams to correct safety deficiencies. The normal construction permit process will apply at the time plans and specifications are submitted to the department.

     (3) No additional fees shall be required for plan and specification changes and resubmittals required by the department as part of the review process.

     (4) No additional fees shall be required for review of construction change orders.

[Statutory Authority: RCW 43.21A.064, 43.21A.080, 86.16.061, 90.03.350 and [90.03].470. 04-16-122 (Order 03-08), § 173-175-390, filed 8/4/04, effective 9/4/04. Statutory Authority: 1995 c 8. 95-22-030 (Order 94-15), § 173-175-390, filed 10/24/95, effective 11/24/95. Statutory Authority: RCW 43.21A.064, [43.21A].080 and 86.16.061. 93-01-090 (Order 92-35), § 173-175-390, filed 12/16/92, effective 1/16/93; 92-12-055 (Order 91-17), § 173-175-390, filed 6/1/92, effective 7/2/92.]

     (((a) Equation 1 below is used to calculate the annual inspection fees.

((Annual Inspection Fee

=

(COSTFGF) ÷ (Cycle) Equation 1))

     Where:

     (i) Cycle = number of years between inspections, with five years being the minimum.

     (ii) FGF = an annual fiscal growth factor expressed as a percentage, as determined under chapter 43.135 RCW.

     (iii) COST_FGF = cost of inspection in dollars including a fiscal growth factor. The cost is obtained by multiplying the inspection cost in the preceding year by the current year's fiscal growth factor as follows:

((COSTFGF

=

Previous year's cost x [1 + (FGF)] Equation 2))

     (b) For implementation of the fiscal growth factor, the base year for dam inspection fees will be fiscal year 2004, ending June 30, 2004. In the base year, the FGF will be zero.

     (c))) The cost for ((an)) a periodic inspection by the department ((in the base year)) starting July 1, 2012, will be as follows:

     (((i) $3440.00)) (a) For dams with high downstream hazard classifications the fee is six thousand forty dollars, with a prorated annual fee of (($688.00)) one thousand two hundred eighty dollars for a five-year inspection cycle.

     (((ii) $2500.00)) (b) For dams with significant downstream hazard classifications the fee is four thousand four hundred five dollars, with a prorated annual fee of (($500.00)) eight hundred eighty-one dollars if a five-year inspection cycle is implemented, or (($250.00)) four hundred forty dollars and fifty cents if a ten-year inspection cycle is implemented.

     (2) Exceptions to periodic inspection fee schedule.

     (a) For any hydraulic works less than ten years old, that the department examined and approved the construction plans and specifications as to its safety when required under RCW 90.03.350, there shall be no fee charged; or

     (b) For any hydraulic works more than ten years old, but less than twenty years old, that the department examined and approved the construction plans and specifications as to its safety when required under RCW 90.03.350, the fee charged shall equal the fee for a significant hazard dam.

     (3) Inspection fee for impoundments with multiple dams. For reservoirs or impoundments with a main dam and one or more saddle dams, a single annual inspection fee will be charged for the facility. The dam with the highest downstream hazard rating will be used for fee computation.

     (4) Inspection fee for multicell impoundments. For multicell impoundments, such as wastewater lagoons, where two or more cells are located side-by-side or share a common embankment, a single annual inspection fee will be charged for the facility. The cell with the highest downstream hazard classification will be used for fee computation.

     (5) Inspection fee for nonroutine inspections. For nonroutine inspections as described in WAC 173-175-725, no fees will be charged to the dam owner.

     (6) Inspection fee for inspections at public request. For inspections done at public request, as described in WAC 173-175-735, no fees will be charged to the dam owner.

[Statutory Authority: Chapters 43.21A and 90.03 RCW. 05-18-039 (Order 05-11), § 173-175-765, filed 8/31/05, effective 10/1/05. Statutory Authority: RCW 43.21A.064, 43.21A.080, 86.16.061, 90.03.350 and [90.03].470. 04-16-122 (Order 03-08), § 173-175-765, filed 8/4/04, effective 9/4/04.]

     Department of Ecology

     ((Dam Safety Inspection Fee Program)) Cashiering Unit

     P.O. Box ((5128)) 47611

     ((Lacey)) Olympia, Washington ((98509-5128)) 98504-7611.

     (2) In the event a check is returned due to insufficient funds, the department shall consider the inspection fee to be unpaid.

     (3) Delinquent accounts. Dam owners are considered delinquent in the payment of fees if the fees are not received by the first invoice billing due date. Delinquent accounts will be processed in the following manner:

     (a) Municipal and government entities shall be notified by certified mail that they have one hundred eighty days to bring the delinquent account up-to-date. Regulatory orders may be issued to enforce a restriction of reservoir filling until all delinquent fees are paid on accounts that remain delinquent after ninety days.

     (b) Nonmunicipal or nongovernment dam owners shall be notified by the department by certified mail that they have one hundred eighty days to bring the delinquent account up-to-date. Accounts that remain delinquent after one hundred eighty days may be turned over for collection. In addition, a surcharge totaling twenty percent of the delinquent amount owed will also be added. The surcharge is to recover the costs for collection. If the collection agency fails to recover the delinquent fees after twelve months, the department may issue regulatory orders to enforce restriction of reservoir filling until all delinquent fees are paid.

[Statutory Authority: RCW 43.21A.064, 43.21A.080, 86.16.061, 90.03.350 and [90.03].470. 04-16-122 (Order 03-08), § 173-175-785, filed 8/4/04, effective 9/4/04.]

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