PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-11-055.
Title of Rule: Chapter 173-224 WAC, Wastewater discharge permit fees.
Purpose: Increase annual permit fees, allow for an automatic annual fee adjustment; create new fee categories.
Statutory Authority for Adoption: Chapter 90.48 RCW.
Statute Being Implemented: Chapter 90.48 RCW.
Summary: Amending chapter 173-224 WAC will increase annual fees for the fiscal year 1999-01 biennium as well as create new permit categories needed to reflect new permit coverage. New language is being introduced that allows for an automatic fee change to match the state fiscal growth factor. Fee categories for dairies and portable operations are being amended and a new category for noncontact cooling water with additives general permit coverage is being created.
Reasons Supporting Proposal: The changes will allow ecology to manage the wastewater discharge permit fee program at an appropriate level and streamline some current administrative activities.
Name of Agency Personnel Responsible for Drafting and Implementation: Bev Poston, Olympia, Washington, (360) 407-6425; and Enforcement: Steve Carley, Olympia, Washington, (360) 407-6572.
Name of Proponent: Washington Department of Ecology, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Ecology is required by law (RCW 90.48.465) to collect fees from all holders of wastewater discharge permits. The fees are required to fully fund the permit program. The proposed changes will allow ecology to continue existing levels of service to the growing permit universe; maintain a base level of service if projected revenues fall below the legislative appropriation level for the 1999-01 biennium; recover adequate revenue to fund the increases to salaries and benefits approved by the legislature during the 1999 legislative session; and collect revenue to support additional permitting activities the legislature may direct ecology to perform during the 1999-01 biennium.
Proposal Changes the Following Existing Rules: The proposal increases annual permit fees by 3.32% for fiscal year 2000 and 2.93% for fiscal year 2001. In addition, ecology is proposing to change language that will do the following:
| • | Develops a definition and fee schedule for portable operations. |
| • | Allow for automatic fee changes to match the state fiscal growth factor. |
| • | Establish a fee schedule for dairy permit holders. |
| • | Create a general permit fee schedule for permit holders with noncontact cooling water with additives. |
No small business economic impact statement has been prepared under chapter 19.85 RCW. Economic analyses are required for impacts on small business and municipalities when establishing wastewater discharge permit fees (RCW 90.48.465(4)). Since the wastewater discharge permit fees are already established and are only being adjusted, an economic analysis is not required.
RCW 34.05.328 does not apply to this rule adoption. The proposed fee increases do not require economic analysis because the requirements from this section of the Administrative Procedure Act do not apply to "rules that set or adjust fees or rates pursuant to legislative standards."
Hearing Location: Ecology will hold a public workshop immediately followed by public hearing beginning at 1:30 p.m. at the following dates and locations: On October 28, 1999, Thursday, Ecology Headquarters Building, 300 Desmond Drive, Room ROA 36, Lacey, WA; and on October 29, 1999, Friday, Big Bend Community College, 7662 Chanute, Room 1609, Moses Lake, WA.
Assistance for Persons with Disabilities: Contact Bev Poston by October 6, 1999, TDD (360) 407-6006, or (360) 407-6425.
Submit Written Comments to: Bev Poston, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, e-mail bpos461@ecy.wa.gov., fax (360) 407-6426, by November 9, 1999.
Date of Intended Adoption: December 28, 1999.
September 15, 1999
Daniel J. Silver
Deputy Director
OTS-3240.3
AMENDATORY SECTION(Amending Order 97-27, filed 1/15/98,
effective 2/15/98)
WAC 173-224-030
Definitions.
"Administrative expenses" means those costs associated with issuing and administering permits under RCW 90.48.160, 90.48.162, and 90.48.260.
"Aggregate production" means the mining or quarrying of
sand, gravel, or rock ((and/)), or the production of concrete
((and/)), or asphalt or a combination thereof.
"Aluminum and magnesium reduction mills" means the electrolytic reduction of alumina or magnesium salts to produce aluminum or magnesium metal.
"Animal unit" means one slaughter or feeder steer, ((0.7))
1.4 mature dairy cow, 25 swine or as more fully defined in
Appendix B of 40 CFR 122.
"Annual permit fee" means the fee charged by the department for annual expenses associated with activities specified in RCW 90.48.465. This annual fee is based on the state's fiscal year (July 1 - June 30).
"bbls/d" means barrels per day of feedstock for petroleum refineries.
"bins/yr" means total standard bins used during the last complete calendar year by a facility in the crop preparing industry. The bins measure approximately 47.5 inches x 47.4 inches x 29.5 inches and hold approximately 870 pounds of fruit.
"Chemical pulp mill w/chlorine bleaching" means any pulp mill that uses chlorine or chlorine compounds in their bleaching process.
"Combined food processing waste treatment facility" means a
facility ((which)) that treats wastewater from more than one
separately permitted food processor and receives no domestic
wastewater or waste from industrial sources other than food
processing.
"Combined industrial waste treatment" means a facility which treats wastewater from more than one industry in any of the following categories: Inorganic chemicals, metal finishing, ore concentration, organic chemicals, or photofinishers.
"Combined sewer overflow (CSO)" means the event during which excess combined sewage flow caused by inflow is discharged from a combined sewer, rather than conveyed to the sewage treatment plant because either the capacity of the treatment plant or the combined sewer is exceeded.
"Concentrated animal feeding operation" means an "animal
feeding operation" ((which)) that meets the criteria in Appendix
B of 40 CFR 122 as presently enacted and any subsequent
modifications thereto.
"Contaminants of concern" means a chemical for which an effluent limit is established (this does not include pH, flow, temperature, or other "nonchemical parameters"). Petroleum constituents will be considered as one contaminant of concern even if more than one effluent limit is established (e.g., Total Petroleum Hydrocarbons and BTEX).
"Crane" means a machine used for the hoisting and lifting of ship hulls.
"Crop preparing" means the preparation of fruit for wholesale or retail sale by washing and/or other processes in which the skin of the fruit is not broken and in which the interior part of the fruit does not come in direct contact with the wastewater.
"cu. yds/yr" means the total production from an aggregate production facility in cubic yards during the most recent completed calendar year.
"Department" means the department of ecology.
"Director" means the director of the department of ecology.
"Domestic wastewater" means water carrying human wastes,
including kitchen, bath, and laundry wastes from residences,
buildings, industrial establishments or other places, together
with ((such)) any groundwater infiltration or surface waters
((as)) that may be present.
"Domestic wastewater facility" means all structures, equipment, or processes required to collect, carry away, treat, reclaim or dispose of domestic wastewater together with such industrial waste as may be present.
"Existing operations" means those industrial operations requiring a wastewater discharge permit before July 1, 1993.
"EPA" means the United States Environmental Protection Agency.
"Fin fish rearing and hatching" means the raising of fin fish for fisheries enhancement or sale, by means of hatcheries, net pens, or other confined fish facilities.
"Flavor extraction" means the recovery of flavors or essential oils from organic products by steam distillation.
"Food processing" means the preparation of food for human or
animal consumption or the preparation of animal byproducts, ((but
exclusive of)) excluding crop preparing. This category includes,
but is not limited to, fruit and vegetable processing, meat and
poultry products processing, dairy products processing, beer
production, rendering and animal feed production. Food
processing wastewater treatment plants ((which)) that treat
wastes from only one separately permitted food processor
((shall)) must be treated as one facility for billing purposes.
"Hazardous waste clean up sites" means any facility where there has been confirmation of a release or threatened release of a hazardous substance that requires remedial action other than RCRA corrective action sites.
"Industrial facility" means any facility not included in the definition of municipal/domestic facility.
"Industrial gross revenue" means the annual amount of the sales of goods and services produced using the processes regulated by the wastewater discharge permit.
"Industrial storm water" means an operation required to be covered under ecology's NPDES and state waste discharge baseline general permit for storm water discharges associated with industrial activities or modifications to that permit or having an individual wastewater permit for storm water only.
"MGD" means permitted flow expressed in million gallons per day.
"Manufacturing" means the making of goods and articles by hand or especially, by machinery into a manufactured product.
"Metal finishing" means the preparation of metal surfaces by means of electroplating, electroless plating, anodizing, coating (chromating, phosphating and coloring), chemical etching and milling, and printed circuit board manufacture.
"Municipal/domestic facility" means a publicly-owned
facility treating domestic wastewater together with ((such)) any
industrial wastes ((as)) that may be present, or a
privately-owned facility treating solely domestic wastewater.
"Municipal gross revenue" means gross receipts from monthly, bimonthly, and/or quarterly user charges for sewer services received from all classes of customers;
Included in these user charges are user charges and fees based on wastewater constituents' strengths and characteristics including high-strength surcharges and charges based on biochemical oxygen demand, suspended solids, oil and grease, toxicants, heavy metals, and flow, etc.
Municipal gross revenue includes charges for receipt and treatment of septic tank wastes, holding tank wastes, chemical toilet wastes, etc.
Municipal gross revenue includes all amounts received from other municipalities for sewage interception, treatment, collection, or disposal.
Gross revenue excludes:
Amounts derived by municipalities directly from taxes levied for the support or maintenance of sewer services.
Late charges, penalties for nontimely payment by customers, interest on late payments, and all other penalties and fines.
Permit fees and compliance monitoring fees for wastewater discharge permits issued by municipalities with local pretreatment programs. Permit fees which are charged to cover the cost of providing sewer service are not excluded from municipal gross revenue.
Receipts by a municipality of special assessments or installments thereof and interests and penalties thereon, and charges in lieu of assessments.
Connection charges.
Revenues from sales of by-products such as sludge, processed wastewater, etc.
"Municipality" means a city, town, county, district,
association, or other public body created by or ((pursuant to))
in accordance with state law and ((having)) that has jurisdiction
over disposal of sewage, industrial wastes, or other wastes, or
an Indian tribe or an authorized Indian tribal organization, or a
designated and approved management agency under 33 U.S.C. Sec.
1288. State government agencies are not included in this
definition.
"Noncontact cooling water with additives" means water used for cooling that comes into contact with corrosives.
"Noncontact cooling water without additives" means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product or finished product, and which does not contain chemicals added by the permittee. The noncontact cooling water fee without additives category applies to those facilities which discharge only noncontact cooling water and which have no other wastewater discharges required to be permitted under RCW 90.48.160, 90.48.162, and 90.48.260.
"Nonferrous metals forming" means the manufacturing of semifinished products from pure metal or metal alloys other than iron or steel or of metals not otherwise classified in WAC 173-224-040(2).
"Nonoperating aggregate site" means a location where
previous mining or processing has occurred; that has not been
fully reclaimed; that has no current mining or processing, and
that may include stockpiles of raw materials or finished
products. The permittee may add or withdraw raw materials or
finished products from the stockpiles for transportation offsite
for processing, use, or sale and still be considered a
nonoperating site. This definition can be found in ecology's
National Pollutant Discharge Elimination System and State Waste
Discharge Permit for Process Water ((and)), Storm Water, and Mine
Dewatering Water Discharges Associated with Sand and Gravel
Operations, Rock Quarries and Similar Mining Facilities including
Stockpiles of Mined Materials, Concrete Batch Operations and
Asphalt Batch Operations.
"NPDES permit" means a National Pollutant Discharge
Elimination System permit issued by the department ((pursuant
to)) under Section 402 of the federal Clean Water Act and RCW 90.48.260.
"Person" means any political subdivision, government agency, municipality, industry, public or private corporation, partnership, association, firm, individual, or any other entity whatever.
"Portable facility" means a facility that is designed for mobility and is moved from site to site for short term operations. A portable facility applies only to an asphalt batch plant, portable concrete batch plant and portable rock crusher.
"RCRA" means Resource Conservation Recovery Act clean up sites required to have a wastewater discharge permit resulting from a corrective action under relevant federal authorities or under chapters 70.105 and 70.105D RCW including chapters 173-303 and 173-340 WAC, and are not subject to cost recovery.
"Residential equivalent" means a single-family residence or a unit of sewer service that yields an amount of gross revenue equal to the annual user charge for a single-family residence. In cases where the permit holder does not maintain data on gross revenue, user charges, and/or the number of single-family residences that it serves, "residential equivalent" means an influent flow of two hundred fifty gallons per day.
"Sewer service" means the activity of receiving sewage deposited into and carried off by a system of sewers, drains, and pipes to a common point, or points, for disposal or for transfer to treatment for disposal, and activities involving the interception, transfer, storage, treatment, and/or disposal of sewage, or any of these activities.
"State waste discharge permit" means a permit required under RCW 98.48.260.
"Storm water" means an industrial operation or construction
activity discharging storm water runoff as defined in 40 CFR
122.26 (b)(14) or facilities ((who)) that are permitted as a
significant contributor of pollutants as allowed in the federal
Clean Water Act at Section 402 (p)(2)(E).
"Tons/yr." means the total production from an asphalt production facility in tons during the most recent completed calendar year.
"Vegetable/bulb washing" means the washing, packing, and shipping of fresh vegetables and bulbs when there is no cooking or cutting of the product before packing.
[Statutory Authority: Chapter 90.48 RCW. 98-03-046 (Order 97-27), § 173-224-030, filed 1/15/98, effective 2/15/98; 94-10-027 (Order 93-08), § 173-224-030, filed 4/28/94, effective 5/29/94; 92-03-131 (Order 91-45), § 173-224-030, filed 1/21/92, effective 2/21/92. Statutory Authority: Chapter 43.21A RCW. 89-12-027 and 90-07-015 (Order 89-8 and 89-8A), § 173-224-030, filed 5/31/89 and 3/13/90, effective 4/13/90.]
(1) Application fee. In addition to the annual fee, first time applicants (except those applying for coverage under a general permit) will pay a one time application fee of twenty-five percent of the annual permit fee, or $250.00, whichever is greater. An application fee will be assessed for RCRA sites regardless of whether a new permit is being issued or an existing permit for other than the discharge resulting from the RCRA corrective action, is being modified.
(2) Industrial facility categories.
ANNUAL PERMIT FEE |
ANNUAL PERMIT FEE |
||||
| 4,239.00)) | |||||
| INDUSTRIAL FACILITY CATEGORIES | FY 2000 ANNUAL PERMIT FEE |
FY 2001 ANNUAL PERMIT FEE |
|||
| Aluminum Alloys | $12,229.00 | $12,587.00 | |||
| Aluminum and Magnesium Reduction Mills | |||||
| a. | NPDES Permit | 72,117.00 | 74,230.00 | ||
| b. | State Permit | 36,060.00 | 37,117.00 | ||
| Aluminum Forming | 36,687.00 | 37,762.00 | |||
| Aggregate Production - Individual Permit Coverage | |||||
| a. | Mining Activities | ||||
| 1. | Mining, screening, washing and/or crushing | 2,105.00 | 2,167.00 | ||
| 2. | Nonoperating aggregate site (fee per site) | 87.00 | 90.00 | ||
| b. | Asphalt Production | ||||
| 1. | 0 - < 50,000 tons/yr. | 877.00 | 903.00 | ||
| 2. | 50,000 - < 300,000 tons/yr. | 2,105.00 | 2,167.00 | ||
| 3. | 300,000 tons/yr. and greater | 2,631.00 | 2,708.00 | ||
| c. | Concrete Production | ||||
| 1. | 0 - < 25,000 cu. yds/yr. | 877.00 | 903.00 | ||
| 2. | 25,000 - < 200,000 cu. yds/yr. | 2,105.00 | 2,167.00 | ||
| 3. | 200,000 cu. yds/yr. and greater | 2,631.00 | 2,708.00 | ||
| The fee for a facility in the aggregate production category is the sum of the applicable fees in the mining activities and concrete and asphalt production categories. | |||||
| d. | Portable Facilities | ||||
| 1. | Portable Rock Crushing Operations | 2,105.00 | 2,166.00 | ||
| 2. | Asphalt Portable Batch Plant | 2,105.00 | 2,166.00 | ||
| 3. | Concrete Portable Batch Plant | 2,105.00 | 2,166.00 | ||
| Aggregate Production - General Permit Coverage | |||||
| a. | Mining Activities | ||||
| 1. | Mining, screening, washing and/or crushing | 1,473.00 | 1,517.00 | ||
| 2. | Nonoperating aggregate site (fee per site) | 61.00 | 63.00 | ||
| b. | Asphalt Production | ||||
| 1. | 0 - < 50,000 tons/yr. | 614.00 | 632.00 | ||
| 2. | 50,000 - < 300,000 tons/yr. | 1,474.00 | 1,517.00 | ||
| 3. | 300,000 tons/yr. and greater | 1,841.00 | 1,895.00 | ||
| c. | Concrete Production | ||||
| 1. | 0 - < 25,000 cu. yds/yr. | 614.00 | 632.00 | ||
| 2. | 25,000 - < 200,000 cu. yds/yr. | 1,474.00 | 1,517.00 | ||
| 3. | 200,000 cu. yds/yr. and greater | 1,841.00 | 1,895.00 | ||
| The fee for a facility in the aggregate production category is the sum of the applicable fees in the mining activities and concrete and asphalt production categories. | |||||
| d. | Portable Facilities | ||||
| 1. | Portable Rock Crushing Operations | 1,474.00 | 1,517.00 | ||
| 2. | Asphalt Portable Batch Plant | 1,474.00 | 1,517.00 | ||
| 3. | Concrete Portable Batch Plant | 1,474.00 | 1,517.00 | ||
| Aquaculture | |||||
| a. | Finfish hatching and rearing - Individual Permit | 3,669.00 | 3,777.00 | ||
| b. | Finfish hatching and rearing - General Permit Coverage | 2,569.00 | 2,644.00 | ||
| c. | Shellfish hatching | 126.00 | 130.00 | ||
| Boat Yards - Individual Permit Coverage | |||||
| a. | With storm water only discharge | 313.00 | 322.00 | ||
| b. | All others | 627.00 | 645.00 | ||
| Boat Yards - General Permit Coverage | |||||
| a. | With storm water only discharge | 219.00 | 225.00 | ||
| b. | All others | 439.00 | 452.00 | ||
| Coal Mining and Preparation | |||||
| a. | < 200,000 tons per year | 4,890.00 | 5,033.00 | ||
| b. | 200,000 - < 500,000 tons per year | 11,007.00 | 11,330.00 | ||
| c. | 500,000 - < 1,000,000 tons per year | 19,565.00 | 20,138.00 | ||
| d. | 1,000,000 tons per year and greater | 36,687.00 | 37,762.00 | ||
| Combined Industrial Waste Treatment | |||||
| a. | < 10,000 gpd | 2,446.00 | 2,518.00 | ||
| b. | 10,000 - < 50,000 gpd | 6,114.00 | 6,293.00 | ||
| c. | 50,000 - < 100,000 gpd | 12,229.00 | 12,587.00 | ||
| d. | 100,000 - < 500,000 gpd | 24,458.00 | 25,175.00 | ||
| e. | 500,000 gpd and greater | 36,687.00 | 37,762.00 | ||
| Combined Food Processing Waste Treatment Facilities | 11,708.00 | 12,051.00 | |||
| Combined Sewer Overflow System | |||||
| a. | < 50 acres | 2,446.00 | 2,518.00 | ||
| b. | 50 - < 100 acres | 6,114.00 | 6,293.00 | ||
| c. | 100 - < 500 acres | 7,339.00 | 7,554.00 | ||
| d. | 500 acres and greater | 9,783.00 | 10,070.00 | ||
| Commercial Laundry | 313.00 | 322.00 | |||
| Concentrated Animal Feeding Operation | |||||
| a. | < 200 Animal Units | 125.00 | 129.00 | ||
| b. | 200 - < 400 Animal Units | 313.00 | 322.00 | ||
| c. | 400 - < 600 Animal Units | 627.00 | 645.00 | ||
| d. | 600 - < 800 Animal Units | 940.00 | 968.00 | ||
| e. | 800 Animal Units and greater | 1,254.00 | 1,291.00 | ||
| Crop Preparing - Individual Permit Coverage | |||||
| a. | 0 - < 1,000 bins/yr. | 244.00 | 251.00 | ||
| b. | 1,000 - < 5,000 bins/yr. | 489.00 | 503.00 | ||
| c. | 5,000 - < 10,000 bins/yr. | 978.00 | 1,007.00 | ||
| d. | 10,000 - < 15,000 bins/yr. | 1,958.00 | 2,015.00 | ||
| e. | 15,000 - < 20,000 bins/yr. | 3,239.00 | 3,334.00 | ||
| f. | 20,000 - < 25,000 bins/yr. | 4,524.00 | 4,657.00 | ||
| g. | 25,000 - < 50,000 bins/yr. | 6,052.00 | 6,229.00 | ||
| h. | 50,000 - < 75,000 bins/yr. | 6,726.00 | 6,923.00 | ||
| i. | 75,000 - < 100,000 bins/yr. | 7,825.00 | 8,054.00 | ||
| j. | 100,000 - < 125,000 bins/yr. | 9,783.00 | 10,070.00 | ||
| k. | 125,000 - < 150,000 bins/yr. | 12,229.00 | 12,587.00 | ||
| l. | 150,000 bins/yr. and greater | 14,675.00 | 15,105.00 | ||
| Crop Preparing - General Permit Coverage | |||||
| a. | 0 - < 1,000 bins/yr. | 170.00 | 175.00 | ||
| b. | 1,000 - < 5,000 bins/yr. | 342.00 | 352.00 | ||
| c. | 5,000 - < 10,000 bins/yr. | 685.00 | 705.00 | ||
| d. | 10,000 - < 15,000 bins/yr. | 1,371.00 | 1,411.00 | ||
| e. | 15,000 - < 20,000 bins/yr. | 2,268.00 | 2,334.00 | ||
| f. | 20,000 - < 25,000 bins/yr. | 3,167.00 | 3,260.00 | ||
| g. | 25,000 - < 50,000 bins/yr. | 4,236.00 | 4,360.00 | ||
| h. | 50,000 - < 75,000 bins/yr. | 4,708.00 | 4,846.00 | ||
| i. | 75,000 - < 100,000 bins/yr. | 5,478.00 | 5,639.00 | ||
| j. | 100,000 - < 125,000 bins/yr. | 6,848.00 | 7,049.00 | ||
| k. | 125,000 - < 150,000 bins/yr. | 8,560.00 | 8,811.00 | ||
| l. | 150,000 bins/yr. and greater | 10,272.00 | 10,573.00 | ||
| Dairies $.50 per Animal Unit not to exceed $878.00 for FY 2000 and $904.00 for FY 2001 | |||||
| Facilities Not Otherwise Classified - Individual Permit Coverage | |||||
| a. | < 1,000 gpd | 1,223.00 | 1,259.00 | ||
| b. | 1,000 - < 10,000 gpd | 2,446.00 | 2,518.00 | ||
| c. | 10,000 - < 50,000 gpd | 6,114.00 | 6,293.00 | ||
| d. | 50,000 - < 100,000 gpd | 9,783.00 | 10,070.00 | ||
| e. | 100,000 - < 500,000 gpd | 19,565.00 | 20,138.00 | ||
| f. | 500,000 - < 1,000,000 gpd | 24,457.00 | 25,174.00 | ||
| g. | 1,000,000 gpd and greater | 36,687.00 | 37,762.00 | ||
| Facilities Not Otherwise Classified - General Permit Coverage | |||||
| a. | < 1,000 gpd | 857.00 | 882.00 | ||
| b. | 1,000 - < 10,000 gpd | 1,712.00 | 1,762.00 | ||
| c. | 10,000 - < 50,000 gpd | 4,281.00 | 4,406.00 | ||
| d. | 50,000 - < 100,000 gpd | 6,848.00 | 7,049.00 | ||
| e. | 100,000 - < 500,000 gpd | 13,695.00 | 14,096.00 | ||
| f. | 500,000 - < 1,000,000 gpd | 17,120.00 | 17,622.00 | ||
| g. | 1,000,000 gpd and greater | 25,681.00 | 26,433.00 | ||
| Flavor Extraction | |||||
| a. | Steam Distillation | 125.00 | 129.00 | ||
| Food Processing | |||||
| a. | < 1,000 gpd | 1,222.00 | 1,258.00 | ||
| b. | 1,000 - < 10,000 gpd | 3,118.00 | 3,209.00 | ||
| c. | 10,000 - < 50,000 gpd | 5,564.00 | 5,727.00 | ||
| d. | 50,000 - < 100,000 gpd | 8,743.00 | 8,999.00 | ||
| e. | 100,000 - < 250,000 gpd | 12,229.00 | 12,587.00 | ||
| f. | 250,000 - < 500,000 gpd | 16,081.00 | 16,552.00 | ||
| g. | 500,000 - < 750,000 gpd | 20,177.00 | 20,768.00 | ||
| h. | 750,000 - < 1,000,000 gpd | 24,457.00 | 25,174.00 | ||
| i. | 1,000,000 - < 2,500,000 gpd | 29,961.00 | 30,839.00 | ||
| j. | 2,500,000 - < 5,000,000 gpd | 33,629.00 | 34,614.00 | ||
| k. | 5,000,000 gpd and greater | 36,687.00 | 37,762.00 | ||
| Fuel and Chemical Storage | |||||
| a. | < 50,000 bbls | 1,223.00 | 1,259.00 | ||
| b. | 50,000 - < 100,000 bbls | 2,446.00 | 2,518.00 | ||
| c. | 100,000 - < 500,000 bbls | 6,114.00 | 6,293.00 | ||
| d. | 500,000 bbls and greater | 12,229.00 | 12,587.00 | ||
| Hazardous Waste Clean Up Sites | |||||
| a. | Leaking Underground Storage Tanks (LUST) | ||||
| 1. | State Permit | 3,208.00 | 3,302.00 | ||
| 2. | NPDES Permit Issued pre 7/1/94 | 3,208.00 | 3,302.00 | ||
| 3. | NPDES Permit Issued post 7/1/94 | 6,415.00 | 6,603.00 | ||
| b. | NonLUST Sites | ||||
| 1. | 1 or 2 Contaminants of concern | 6,272.00 | 6,456.00 | ||
| 2. | > 2 Contaminants of concern | 12,542.00 | 12,909.00 | ||
| Ink Formulation and Printing | |||||
| a. | Commercial Print Shops | 1,881.00 | 1,936.00 | ||
| b. | Newspapers | 3,136.00 | 3,228.00 | ||
| c. | Box Plants | 5,017.00 | 5,164.00 | ||
| d. | Ink Formulation | 6,272.00 | 6,456.00 | ||
| Inorganic Chemicals Manufacturing | |||||
| a. | Lime Products | 6,114.00 | 6,293.00 | ||
| b. | Fertilizer | 7,361.00 | 7,577.00 | ||
| c. | Peroxide | 9,783.00 | 10,070.00 | ||
| d. | Alkaline Earth Salts | 12,229.00 | 12,587.00 | ||
| e. | Metal Salts | 17,119.00 | 17,621.00 | ||
| f. | Acid Manufacturing | 24,457.00 | 25,174.00 | ||
| g. | Chlor-alkali | 48,916.00 | 50,349.00 | ||
| Iron and Steel | |||||
| a. | Foundries | 12,229.00 | 12,587.00 | ||
| b. | Mills | 24,479.00 | 25,196.00 | ||
| Metal Finishing | |||||
| a. | < 1,000 gpd | 1,466.00 | 1,509.00 | ||
| b. | 1,000 - < 10,000 gpd | 2,445.00 | 2,517.00 | ||
| c. | 10,000 - < 50,000 gpd | 6,113.00 | 6,292.00 | ||
| d. | 50,000 - < 100,000 gpd | 12,228.00 | 12,586.00 | ||
| e. | 100,000 - < 500,000 gpd | 24,456.00 | 25,173.00 | ||
| f. | 500,000 gpd and greater | 36,685.00 | 37,760.00 | ||
| Noncontact Cooling Water With Additives - Individual Permit Coverage | |||||
| a. | < 1,000 gpd | 765.00 | 787.00 | ||
| b. | 1,000 - < 10,000 gpd | 1,528.00 | 1,573.00 | ||
| c. | 10,000 - < 50,000 gpd | 2,294.00 | 2,361.00 | ||
| d. | 50,000 - < 100,000 gpd | 5,351.00 | 5,508.00 | ||
| e. | 100,000 - < 500,000 gpd | 9,171.00 | 9,440.00 | ||
| f. | 500,000 - < 1,000,000 gpd | 12,995.00 | 13,376.00 | ||
| g. | 1,000,000 - < 2,500,000 gpd | 16,816.00 | 17,309.00 | ||
| h. | 2,500,000 - < 5,000,000 gpd | 20,634.00 | 21,239.00 | ||
| i. | 5,000,000 gpd and greater | 24,457.00 | 25,174.00 | ||
| Noncontact Cooling Water With Additives - General Permit Coverage | |||||
| a. | < 1,000 gpd | $ 536.00 | $ 552.00 | ||
| b. | 1,000 - < 10,000 gpd | 1,069.00 | 1,100.00 | ||
| c. | 10,000 - < 50,000 gpd | 1,606.00 | 1,653.00 | ||
| d. | 50,000 - < 100,000 gpd | 3,746.00 | 3,856.00 | ||
| e. | 100,000 - < 500,000 gpd | 6,420.00 | 6,608.00 | ||
| f. | 500,000 - < 1,000,000 gpd | 9,097.00 | 9,364.00 | ||
| g. | 1,000,000 - < 2,500,000 gpd | 11,771.00 | 12,116.00 | ||
| h. | 2,500.000 - < 5,000,000 gpd | 14,444.00 | 14,867.00 | ||
| i. | 5,000,000 gpd and greater | 17,120.00 | 17,622.00 | ||
| Noncontact Cooling Water Without Additives - Individual Permit Coverage | |||||
| a. | < 1,000 gpd | 612.00 | 630.00 | ||
| b. | 1,000 - < 10,000 gpd | 1,223.00 | 1,259.00 | ||
| c. | 10,000 - < 50,000 gpd | 1,835.00 | 1,889.00 | ||
| d. | 50,000 - < 100,000 gpd | 4,281.00 | 4,406.00 | ||
| e. | 100,000 - < 500,000 gpd | 7,339.00 | 7,554.00 | ||
| f. | 500,000 - < 1,000,000 gpd | 10,394.00 | 10,699.00 | ||
| g. | 1,000,000 - < 2,500,000 gpd | 13,452.00 | 13,846.00 | ||
| h. | 2,500,000 - < 5,000,000 gpd | 16,508.00 | 16,992.00 | ||
| i. | 5,000,000 gpd and greater | 19,565.00 | 20,138.00 | ||
| Noncontact Cooling Water Without Additives - General Permit Coverage | |||||
| a. | < 1,000 gpd | 428.00 | 441.00 | ||
| b. | 1,000 - < 10,000 gpd | 857.00 | 882.00 | ||
| c. | 10,000 - < 50,000 gpd | 1,284.00 | 1,322.00 | ||
| d. | 50,000 - < 100,000 gpd | 2,996.00 | 3,084.00 | ||
| e. | 100,000 - < 500,000 gpd | 5,137.00 | 5,288.00 | ||
| f. | 500,000 - < 1,000,000 gpd | 7,276.00 | 7,489.00 | ||
| g. | 1,000,000 - < 2,500,000 gpd | 9,417.00 | 9,693.00 | ||
| h. | 2,500,000 - < 5,000,000 gpd | 11,556.00 | 11,895.00 | ||
| i. | 5,000,000 gpd and greater | 13,695.00 | 14,096.00 | ||
| Nonferrous Metals Forming | 12,229.00 | 12,587.00 | |||
| Ore Mining | |||||
| a. | Ore Mining | 2,446.00 | 2,518.00 | ||
| b. | Ore mining with physical concentration processes | 4,891.00 | 5,034.00 | ||
| c. | Ore mining with physical and chemical concentration processes | 19,565.00 | 20,138.00 | ||
| Organic Chemicals Manufacturing | |||||
| a. | Fertilizer | 12,229.00 | 12,587.00 | ||
| b. | Aliphatic | 24,457.00 | 25,174.00 | ||
| c. | Aromatic | 36,687.00 | 37,762.00 | ||
| Petroleum Refining | |||||
| a. | < 10,000 bbls/d | 24,457.00 | 25,174.00 | ||
| b. | 10,000 - < 50,000 bbls/d | 48,916.00 | 50,349.00 | ||
| c. | 50,000 bbls/d and greater | 97,835.00 | 100,702.00 | ||
| Photofinishers | |||||
| a. | < 1,000 gpd | 978.00 | 1,007.00 | ||
| b. | 1,000 gpd and greater | 2,446.00 | 2,518.00 | ||
| Power and/or Steam Plants | |||||
| a. | Steam Generation - Nonelectric | 4,890.00 | 5,033.00 | ||
| b. | Hydroelectric | 4,890.00 | 5,033.00 | ||
| c. | Nonfossil Fuel | 7,338.00 | 7,553.00 | ||
| d. | Fossil Fuel | 19,565.00 | 20,138.00 | ||
| Pulp, Paper and Paper Board | |||||
| a. | Fiber Recyclers | 12,228.00 | 12,586.00 | ||
| b. | Paper Mills | 24,457.00 | 25,174.00 | ||
| c. | Groundwood Pulp Mills | ||||
| 1. | < 300 tons per day | 36,687.00 | 37,762.00 | ||
| 2. | > 300 tons per day | 73,373.00 | 75,523.00 | ||
| d. | Chemical Pulp Mills | ||||
| w/o Chlorine Bleaching | 97,829.00 | 100,695.00 | |||
| e. | Chemical Pulp Mills | ||||
| w/Chlorine Bleaching | 110,057.00 | 113,282.00 | |||
| Radioactive Effluents and Discharges (RED) | |||||
| a. | < 3 waste streams | 23,674.00 | 24,368.00 | ||
| b. | 3 - < 8 waste streams | 41,087.00 | 42,291.00 | ||
| c. | 8 waste streams and greater | 67,672.00 | 69,655.00 | ||
| RCRA Corrective Action Sites | 17,189.00 | 17,693.00 | |||
| Seafood Processing | |||||
| a. | < 1,000 gpd | 1,223.00 | 1,259.00 | ||
| b. | 1,000 - < 10,000 gpd | 3,118.00 | 3,209.00 | ||
| c. | 10,000 - < 50,000 gpd | 5,564.00 | 5,727.00 | ||
| d. | 50,000 - < 100,000 gpd | 8,743.00 | 8,999.00 | ||
| e. | 100,000 gpd and greater | 12,229.00 | 12,587.00 | ||
| Shipyards | |||||
| a. | Per crane, travel lift, small boat lift | 2,446.00 | 2,518.00 | ||
| b. | Per drydock under 250 ft in length | 2,446.00 | 2,518.00 | ||
| c. | Per graving dock | 2,446.00 | 2,518.00 | ||
| d. | Per marine way | 3,669.00 | 3,777.00 | ||
| e. | Per sycrolift | 3,669.00 | 3,777.00 | ||
| f. | Per drydock over 250 ft in length | 4,891.00 | 5,034.00 | ||
| The fee for a facility in the shipyard category is the sum of the fees for the applicable units in the facility. | |||||
| Solid Waste Sites (nonstorm water) | |||||
| a. | Nonputrescible | 4,891.00 | 5,034.00 | ||
| b. | < 50 acres | 9,783.00 | 10,070.00 | ||
| c. | 50 - < 100 acres | 19,565.00 | 20,138.00 | ||
| d. | 100 - < 250 acres | 24,457.00 | 25,174.00 | ||
| e. | 250 acres and greater | 36,687.00 | 37,762.00 | ||
| Storm Water (Unless specifically categorized elsewhere.) | |||||
| a. | Individual Industrial Permits | ||||
| 1. | < 50 acres | 2,446.00 | 2,518.00 | ||
| 2. | 50 - < 100 acres | 4,891.00 | 5,034.00 | ||
| 3. | 100 - < 500 acres | 7,338.00 | 7,553.00 | ||
| 4. | 500 acres and greater | 9,783.00 | 10,070.00 | ||
| b. | Facilities covered under the Industrial Storm Water General Permit | 325.00 | 335.00 | ||
| c. | Construction activities covered under the Industrial Storm Water General Permit | 325.00 | 335.00 | ||
| Textile Mills | 48,916.00 | 50,349.00 | |||
| Timber Products | |||||
| a. | Log Storage | 2,446.00 | 2,518.00 | ||
| b. | Veneer | 4,891.00 | 5,034.00 | ||
| c. | Sawmills | 9,783.00 | 10,070.00 | ||
| d. | Hardwood, Plywood | 17,119.00 | 17,621.00 | ||
| e. | Wood Preserving | 24,457.00 | 25,174.00 | ||
| Vegetable/Bulb Washing Facilities | |||||
| a. | < 1,000 gpd | 81.00 | 83.00 | ||
| b. | 1,000 - < 5,000 gpd | 162.00 | 167.00 | ||
| c. | 5,000 - < 10,000 gpd | 322.00 | 331.00 | ||
| d. | 10,000 - < 20,000 gpd | 648.00 | 667.00 | ||
| e. | 20,000 and greater | 1,072.00 | 1,103.00 | ||
| Vehicle Maintenance and Freight Transfer | |||||
| a. | < 0.5 acre | 2,446.00 | 2,518.00 | ||
| b. | 0.5 - < 1.0 acre | 4,891.00 | 5,034.00 | ||
| c. | 1.0 acre and greater | 7,338.00 | 7,553.00 | ||
| Water Plants - Individual Permit Coverage | 3,058.00 | 3,148.00 | |||
| Water Plants - General Permit Coverage | 2,141.00 | 2,204.00 | |||
| Wineries | |||||
| a. | < 500 gpd | 250.00 | 257.00 | ||
| b. | 500 - < 750 gpd | 501.00 | 516.00 | ||
| c. | 750 - < 1,000 gpd | 1,001.00 | 1,030.00 | ||
| d. | 1,000 - < 2,500 gpd | 2,001.00 | 2,060.00 | ||
| e. | 2,500 - < 5,000 gpd | 3,191.00 | 3,284.00 | ||
| f. | 5,000 gpd and greater | 4,380.00 | 4,508.00 | ||
(b) The total annual permit fee for a water treatment plant
that primarily serves residential customers ((shall)) may not
exceed three dollars per residential equivalent. The number of
residential equivalents is determined by dividing the facility's
annual gross revenue in the previous calendar year by the annual
user charge for a single family residence ((which)) that uses
nine hundred cubic feet of water per month.
(c) Crop preparation and aggregate production ((permittees))
permit holders are required to submit information to the
department certifying annual production (calendar year) or unit
processes. When required, the ((information form shall be
completed and returned to the department within thirty days after
it is mailed to the permittee by the)) department will send the
information form to the permit holder. The permit holder shall
complete and return the information form to the department by the
required due date. Failure to provide this information ((could))
will result in ((permit termination)) a fee determination based
on the highest subcategory the facility has received permit
coverage in.
(i) Information submitted shall bear a certification of correctness and be signed:
(A) In the case of a corporation, by an authorized corporate officer;
(B) In the case of a limited partnership, by an authorized general partner;
(C) In the case of a general partnership, by an authorized partner; or
(D) In the case of a sole proprietorship, by the proprietor.
(ii) The department may verify information submitted and, if it determines that false or inaccurate statements have been made, it may, in addition to taking other actions provided by law, revise both current and previously granted fee determinations.
(d) Fees for crop preparers discharging only noncontact cooling water without additives shall pay the lesser of the applicable fee in the crop preparing or noncontact cooling water without additives categories.
(e) Where no clear industrial facility category exists for
placement of a ((permittee)) permit holder, the department may
elect to place the ((permittee)) permit holder in a category with
dischargers or ((permittees)) permit holders that contain or use
similar properties or processes and/or a category which contains
similar permitting complexities to the department.
(f) Hazardous waste clean up sites and EPA authorized RCRA
corrective action sites with whom the department ((is
commencing)) has begun cost recovery through chapter 70.105D RCW
shall not pay a permit fee under chapter 173-224 WAC until such
time as the cost recovery under chapter 70.105D RCW ceases.
(g) Any permit holder, with the exception of nonoperating
aggregate operations or a permitted portable facility, who has
not been in continuous operation within a consecutive
eighteen-month period or who commits to not being in operation
for a consecutive eighteen-month period or longer can have their
permit fee reduced to twenty-five percent of the fee ((which))
that they would be otherwise assessed. This nonoperating mode
must be verified by the appropriate ecology staff. Once
operations resume, the permit fee ((shall)) will be returned to
the full amount.
Facilities who commit to the minimum eighteen-month nonoperating mode but go back into operation during the same eighteen-month period will be assessed permit fees as if they were active during the entire period.
(h) Facilities with subcategories based on gallons per day (gpd) shall have their annual permit fee determined by using the maximum daily flow or maximum monthly average permitted flow in gallons per day as specified in the waste discharge permit, whichever is greater.
(i) RCRA corrective action sites requiring a waste discharge permit will be assessed a separate permit fee regardless of whether the discharge is authorized by a separate permit or by a modification to an existing permit for a discharge other than that resulting from the corrective action.
(3) MUNICIPAL/DOMESTIC FACILITIES
(a) The annual permit fee for a permit held by a municipality for a domestic wastewater facility issued under RCW 90.48.162 or 90.48.260 is determined as follows:
| (i) | Residential Equivalents (RE) |
FY (( Permit Fee |
FY (( Permit Fee |
|
| < 250,000 | $(( |
$(( |
||
| > 250,000 | (( |
(( |
||
| Name of Entity | FY (( Permit Fee |
FY (( Permit Fee |
||
| King County | $ (( |
$ (( |
||
| Snohomish County | (( |
(( |
||
| Pierce County | (( |
(( |
||
| Tacoma, City of | (( |
(( |
||
| Seattle, City of | (( |
(( |
||
| Department of Transportation | (( |
(( |
||
| Clark County | (( |
(( |
||
(b) The annual permit fee ((for each permit issued)) under
RCW 90.48.162 or 90.48.260 that is held by a municipality
((that)) which:
(i) Holds more than one permit for domestic wastewater
facilities; and ((which))
(ii) Treats each domestic wastewater facility as a separate
accounting entity, (((i.e., maintaining separate funds/accounts
for each facility, into which revenue received from the users of
that facility is deposited and out of which expenditures to pay
for the costs of operating, etc., that facility are made))) is
determined as in (a) of this subsection.
A separate accounting entity is one that maintains separate funds or accounts for each domestic wastewater facility. Revenues are received from the users to pay for the costs of operating that facility.
(c) The sum of the annual permit fees for permits held by a municipality that:
(i) Holds more than one permit for domestic wastewater
facilities issued under RCW 90.48.162 or 90.48.260; and ((which))
(ii) Does not treat each domestic wastewater facility as a
separate accounting entity, (((i.e., maintaining separate
funds/accounts for each facility, into which revenue received
from the users of that facility is deposited and out of which
expenditures to pay for the costs of operating, etc., that
facility are made))) as described in (b) of this subsection, is
determined as in (a) of this subsection.
(d) The permit fee for a privately-owned domestic wastewater facility that primarily serves residential customers is determined as in (a) of this subsection. Residential customers are those whose lot, parcel or real estate, or building is primarily used for domestic dwelling purposes.
(e) The annual permit fee for privately owned domestic wastewater facilities must be determined by using the maximum daily flow or maximum monthly average permitted flow in million gallons per day, whichever is greater, as specified in the waste discharge permit. Permit fees for privately-owned domestic wastewater facilities that do not serve primarily residential customers and for state-owned domestic wastewater facilities are the following:
| Permitted Flows | FY (( Permit Fee |
FY (( Permit Fee |
||||
| .1 MGD and Greater | $(( |
$(( |
||||
| .05 MGD to < .1 MGD | (( |
(( |
||||
| .0008 MGD to < .05 MGD | (( |
(( |
||||
| < .0008 MGD | (( |
(( |
||||
(f) The number of residential equivalents is calculated in the following manner:
(i) If the facility serves only single-family residences, the number of residential equivalents is the number of single-family residences that it served on January 1 of the previous calendar year.
(ii) If the facility serves both single-family residences and other classes of customers, the number of residential equivalents is calculated in the following manner:
(A) Calculation of the number of residential equivalents that the facility serves in its own service area. Subtract from the previous calendar year's gross revenue:
(I) Any amounts received from other municipalities for sewage interception, treatment, collection, or disposal; and
(II) Any user charges received from customers for whom the permit holder pays amounts to other municipalities for sewage treatment or disposal services. Divide the resulting figure by the annual user charge for a single-family residence.
(B) Calculation of the number of residential equivalents that the facility serves in other municipalities which pay amounts to the facility for sewage interception, treatment, collection, or disposal:
(I) Divide any ((such)) amounts received from other
municipalities during the previous calendar year by the annual
user charge for a single-family residence. In this case "annual
user charge for a single-family residence" means the annual user
charge that the facility charges other municipalities for sewage
interception, treatment, collection, or disposal services for a
single-family residence. If the facility charges different
municipalities ((differing)) different single-family residential
user ((charges)) fees, then the charge used in these calculations
must be that which applies to the largest number of single-family
residential customers. Alternatively, if the facility charges
different municipalities ((differing)) different single-family
residential user ((charges)) fees, the permit holder may divide
the amount received from each municipality by the annual user
charge that it charges that municipality for a single-family
residence and sum the resulting figures.
(II) If the facility does not charge the other municipality
on the basis of a ((charge)) fee per single-family residence, the
number of residential equivalents in the other municipality is
calculated by dividing its previous calendar year's gross revenue
by its annual user ((charge)) fee for a single-family residence. If the other municipality does not maintain data on its gross
revenue, user ((charges)) fees, and/or the number of
single-family residences that it serves, the number of
residential equivalents is calculated as in (f)(iv) of this
subsection.
(III) If the other municipality serves only single-family residences, the number of residential equivalents may be calculated as in (f)(i) of this subsection.
The sum of the resulting figures is the number of residential equivalents that the facility serves in other municipalities.
(C) The number of residential equivalents is the sum of the number of residential equivalents calculated in (f)(ii)(A) and (B) of this subsection.
(iii) The annual user ((charge)) fee for a single-family
residence is calculated by either of the following methods, at
the choice of the permit holder:
(A) The annual user ((charge)) fee for a single-family
residence using nine hundred cubic feet of water per month. If
users are billed monthly, this is calculated by multiplying by
twelve the monthly user ((charge)) fee for a single-family
residence using nine hundred cubic feet of water per month. If
users are billed bimonthly, the annual user ((charge)) fee is
calculated by multiplying by six the bimonthly user ((charge))
fee for a single-family residence using one thousand eight
hundred cubic feet of water per two-month period. If the user
((charge)) fee for a single-family residence varies, depending on
age, income, location, etc., then the ((charge)) fee used in
these calculations must be that which applies to the largest
number of single-family residential customers.
(B) The average annual user ((charge)) fee for a
single-family residence. This average is calculated by dividing
the previous calendar year's gross revenue from provision of
sewer services to single-family residences by the number of
single-family residences served on January 1 of the previous
calendar year. If the user ((charge)) fee for a single-family
residence varies, depending on age, income, location, etc., then
the gross revenue and number of single-family residences used in
making this calculation must be those for all the single-family
residential customers.
In either case, (f)(iii)(A) or (B) of this subsection, the permit holder must provide the department with a copy of its complete sewer rate schedule for all classes of customers.
(iv) If a permit holder does not maintain data on its gross
revenue, user ((charges)) fees, and/or the number of
single-family residences that it serves, and therefore cannot use
the methods described in (f)(i) or (ii) of this subsection to
calculate the number of residential equivalents that it serves,
then the number of residential equivalents that it serves is
calculated by dividing the average daily influent flow to its
facility for the previous calendar year by two hundred fifty
gallons. This average is calculated by summing all the daily
flow measurements taken during the previous calendar year and
then dividing the resulting sum by the number of days on which
flow was measured. Data for this calculation must be taken from
the permit holder's discharge monitoring reports. Permit holders
using this means of calculating the number of their residential
equivalents must submit with their application a complete set of
copies of their discharge monitoring reports for the previous
calendar year.
(g) Fee calculation procedures for holders of permits for domestic wastewater facilities.
(i) Municipalities holding permits for domestic wastewater
facilities issued under RCW 90.48.162 and 90.48.260, and holders
of permits for privately-owned domestic wastewater facilities
that primarily serve residential customers must complete a form
certifying the number of residential equivalents served by their
domestic wastewater system. The form must be completed and
returned to the department within thirty days after it is mailed
to the permit holder by the department. Failure to return the
form could result in permit termination. ((Fees will be
calculated in even-numbered fiscal years.))
(ii) The form shall bear a certification of correctness and be signed:
(A) In the case of a corporation, by an authorized corporate officer;
(B) In the case of a limited partnership, by an authorized partner;
(C) In the case of a general partnership, by an authorized partner;
(D) In the case of a sole proprietorship, by the proprietor; or
(E) In the case of a municipal or other public facility, by either a ranking elected official or a principal executive officer.
(iii) The department may verify the information contained in the form and, if it determines that the permit holder has made false statements, may, in addition to taking other actions provided by law, revise both current and previously granted fee determinations.
(4) Automatic fee change. The permit fees specified in subsections (2) and (3) of this section shall be changed each fiscal year, beginning in fiscal year 2002, by an amount up to, but not exceeding the state fiscal growth factor, determined by the governor's office of financial management in accordance with chapter 43.135 RCW.
[Statutory Authority: Chapter 90.48 RCW. 98-03-046 (Order 97-27), § 173-224-040, filed 1/15/98, effective 2/15/98; 96-03-041 (Order 94-21), § 173-224-040, filed 1/10/96, effective 2/10/96; 94-10-027 (Order 93-08), § 173-224-040, filed 4/28/94, effective 5/29/94; 92-03-131 (Order 91-45), § 173-224-040, filed 1/21/92, effective 2/21/92. Statutory Authority: Chapter 43.21A RCW. 89-12-027 and 90-07-015 (Order 89-8 and 89-8A), § 173-224-040, filed 5/31/89 and 3/13/90, effective 4/13/90.]
(1)
The department shall charge permit fees based on the permit fee
schedule contained in WAC 173-224-040. The department may charge
fees at the beginning of the year to which they apply. The
department shall notify permit holders of fee charges by mailing
billing statements. Permit fees must be received by the
department within forty-five days after the department mails a
billing statement. The department may elect to bill permit
holders a prorated portion of the annual fee on a monthly,
quarterly, or other periodic basis. ((In cases where a new
permit is only in effect for a portion of the fiscal year upon
which the annual fee is based, the department shall prorate the
fee on a quarterly basis. In addition to other circumstances,
this applies where the department terminates a permit upon its
determination that an industry which discharges to a municipal
sewer system is satisfactorily regulated by a local pretreatment
program.))
(2) Permit fee computation for individual permits. Computation of permit fees shall begin on the first day of each
fiscal year, or in the case of facilities or activities not
previously covered by permits, on the issuance date of the
permit. In the case of applicants for state waste discharge
permits who are deemed to have a temporary permit under RCW 90.48.200, computation shall begin on the sixty-first day after
the department accepts a completed application. In the case of
NPDES permit holders who submit a new, updated permit application
containing information ((which)) that could change their assigned
permit fee, computation and permit fee category reassignment
begins upon acceptance of the application by the department. Any
facility that obtains permit coverage but fails to operate will
still be obligated to pay the annual permit fee assessment until
the permit has been terminated by the department. Permits
terminated during the fiscal year will have their fees prorated
as follows unless it results in an annual fee assessment of less
than one hundred dollars. Ecology will not process refunds of
one hundred dollars or less:
(a) Permit coverage for up to three months will pay twenty-five percent of the annual permit fee;
(b) Permit coverage for three to six months will pay fifty percent of the annual permit fee;
(c) Permit coverage for six to nine months will pay seventy-five percent of the annual permit fee; and
(d) Permit coverage for nine months or greater will pay one hundred percent of the annual permit fee.
(3) Permit fee computation for general permits. Computation
of fees for permittees covered under a general permit (((with the
exception of permittees who have received permit coverage under
the general storm water permits for industrial and construction
activities and municipal storm water general permit) begins at
the end of the permit application coverage period, regardless of
the date of submission of the notice of intent. Any facility
that is an existing operation requiring general permit coverage
but that does not apply for a permit during the permit
application coverage period will incur fees beginning at the end
of the application coverage period)) begins on the permit
coverage date. Any facility that obtains permit coverage is
obligated to pay the annual permit fee regardless of whether or
not the facility has ever operated until the permit has been
terminated by the department. Permits terminated during the
fiscal year will have their fees prorated as described in
subsection (2)(a), (b), (c) and (d) of this section unless it
results in an annual fee assessment of less than one hundred
dollars. Ecology will not process refunds of one hundred dollars
or less.
(4) Permit fees for sand and gravel (aggregate) general
((permittees)) permit holders will be assessed as in subsection
(3) of this section and:
(a) Nonoperating aggregate sites. A facility conducting mining, screening, washing and/or crushing activities excluding portable rock crushing operations is considered nonoperating for fee purposes if they are conducting these activities for less than ninety cumulative days during a calendar year. A facility producing no asphalt and/or concrete during the calendar year is also considered nonoperating for fee purposes.
(b) ((Inactive)) Nonoperating sites that become active for
only concrete and/or asphalt production will be assessed a
prorated fee for the actual time inactive. For the actual time a
concrete and/or asphalt facility is active excluding asphalt
portable batch plants and concrete portable batch plants, fees
will be based on total production of concrete and/or asphalt.
(c) Fees for continuously active sites that produce concrete
and/or asphalt excluding asphalt portable batch plants and
concrete portable batch plants, will be based on the average of
the three previous calendar years production totals. Existing
facilities must provide the department with the production totals
for concrete and/or asphalt produced during the previous three
calendar years or for the number of full calendar years of
operation if less than three. New facilities with no historical
asphalt and/or concrete production data will have their first
year fee based on the production levels reported on the ((notice
of intent)) application for coverage under the National Pollutant
Discharge Elimination System and State Waste Discharge Permit for
Process Water ((and)), Storm Water, and Mine Dewatering Water
Discharges Associated with Sand and Gravel Operations, Rock
Quarries and Similar Mining Facilities including Stockpiles of
Mined Materials, Concrete Batch Operations and Asphalt Batch
Operations general permit. The second year fee will be
determined based on the actual production during the first year
and estimated production for the second year. The third year fee
will be determined based on the average of actual production for
the first two years and estimated for the third year. Fee
calculation for subsequent years will be based on the average
production values of previous years.
(d) Asphalt portable batch plants, concrete portable batch plants and portable rock crushing operations will be assessed fees as in subsection (3) of this section. Each permitted operation must commit to being shut down for a minimum of twelve calendar months before the status can be changed to nonoperating.
(5) Fees for crop preparation general ((permittees)) permit
holders will be assessed as in subsection (3) of this section and
will be computed on the three previous calendar years production
totals. Existing facilities must provide the department with the
production totals in the manner described in WAC 173-224-040
(2)(d). New facilities with no historical production data will
have their first year fee based on the estimated production level
for that year. The second year fee will be determined based on
the actual production during the first year and estimated
production for the second year. The third year fee will be
determined based on the average of actual production for the
first two years and estimated for the third year. Fee
calculation for subsequent years will be based on the average
production values of previous years.
(6) Facilities with construction and industrial storm water general permit coverage will have their annual permit fees begin on the permit issuance date. Permit fee accrual will continue until the permit has been terminated by the department regardless if the activity covered under the permit has already ceased.
(7) Facilities with an existing NPDES and/or state wastewater discharge permit who also have obtained industrial and/or construction storm water general permit coverage shall only pay an annual fee based on the permit with the highest permit fee category assessment.
(8) Computation of fees shall end on the last day of the state's fiscal year, or in the case of a terminated permit, during the quarter the termination took place.
(9) The applicable permit fee shall be paid by check or money order payable to the "Department of Ecology" and mailed to the Wastewater Discharge Permit Fee Program, P.O. Box 5128, Lacey, Washington 98509-5128.
(10) In the event a check is returned due to insufficient
funds, the ((permit fee shall be deemed)) department shall
consider the permit fee to be unpaid.
(11) Delinquent accounts. ((Permittees)) Permit holders are
considered delinquent in the payment of fees if the fees are not
received by the first invoice billing due date. The department
will notify the delinquent ((permittee)) permit holder by
certified letter of its intent to turn the delinquent account
over to a collection agency. Permit holders will have thirty
days from receipt of the certified letter to bring the account
up-to-date before the department turns it over for collection. Any delinquent account turned over for collection will be
assessed a surcharge totaling twenty percent of the delinquent
amount owed. The surcharge assessment is to recover the costs
for collection. If the collection agency fails to recover the
delinquent fees after twelve months, the department ((may
exercise other legal or equitable remedies including, but not
limited to, the assessment of penalties. Civil penalties issued
by the department shall not be deemed as payment of fees, nor
shall payment of fees after assessment of penalties be deemed as
a cause for reducing the penalty. Nothing herein shall be
interpreted as restricting the authority of the department to
exercise other enforcement remedies as authorized by law)) will
terminate the permit for nonpayment of fees.
[Statutory Authority: Chapter 90.48 RCW. 98-03-046 (Order 97-27), § 173-224-050, filed 1/15/98, effective 2/15/98; 96-03-041 (Order 94-21), § 173-224-050, filed 1/10/96, effective 2/10/96; 94-10-027 (Order 93-08), § 173-224-050, filed 4/28/94, effective 5/29/94; 92-03-131 (Order 91-45), § 173-224-050, filed 1/21/92, effective 2/21/92. Statutory Authority: Chapter 43.21A RCW. 89-12-027 and 90-07-015 (Order 89-8 and 89-8A), § 173-224-050, filed 5/31/89 and 3/13/90, effective 4/13/90.]