Effective Date of Rule: August 1, 2012.

     Purpose: WAC 246-254-130 Radioactive waste disposal site surveillance fee increase and clarification of who must pay, this rule increases the fee to "meet the actual cost of conducting business," to offset the costs of program activities related to regulatory oversight of the site, and maintain the department's agreement with the United States Nuclear Regulatory Commission as required by RCW 70.98.110. Editorial changes were made to clarify who must pay the fee.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-254-130.

     Statutory Authority for Adoption: RCW 70.98.085, 2ESHB 1087.

     Other Authority: RCW 70.98.050, 70.98.085, and 70.98.110.

      Adopted under notice filed as WSR 12-10-069 on May 1, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: June 25, 2012.

Mary C. Selecky

Secretary

OTS-4200.4

AMENDATORY SECTION(Amending Order 121, filed 12/27/90, effective 1/31/91)

WAC 246-254-130   Radioactive waste disposal site surveillance fee.   (1) The department shall charge a radioactive waste site surveillance fee ((for radioactive waste site surveillance)) of twenty-six dollars per cubic foot to generators and brokers of LLRW (low-level radioactive waste) and NARM (naturally occurring and accelerator produced radioactive material).

     (2) The fee shall be an added charge on each cubic foot of ((low-level waste)) LLRW and NARM disposed at the disposal site.

     (3) The department shall authorize by contract the operator of a low-level radioactive waste disposal site to collect the fee from waste generators and brokers.

     (4) The department shall provide for reimbursement to the site operator for collection costs.

     (5) The department shall calculate the fee collected from waste generators and brokers as required under RCW 70.98.085 and the fee shall not exceed the statutory limit specified in that section.

     (6) The site operator shall remit the fee to the department as follows:

     (a) Quarterly for the first seven quarters of each biennium.

     (b) By July 15 for the final quarter of the biennium.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-254-130, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.085. 90-11-126 (Order 050), § 402-70-073, filed 5/23/90, effective 6/23/90.]

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