Original Notice.

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

Title of Rule: Environmental health program fees, WAC 246-290-990 Water system evaluation and project review and approval fees and 246-292-160 Water works certification fees.

Purpose: Increase fees to the fiscal growth factor of 3.32%.

Statutory Authority for Adoption: RCW 43.70.250 and 70.119.160.

Summary: Fees support public health activities in the drinking water program and needs to be adjusted to compensate for inflation to guarantee sufficient revenue to fulfill public health protection obligation.

Reasons Supporting Proposal: Fees are necessary to continue program activities at their current level.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jan Haywood, Tumwater, (360) 236-3011.

Name of Proponent: Department of Health, Environmental Health Programs, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of these rules are to guarantee that programs have sufficient revenue to fulfill the obligation to protect public health, in order to do this, fees must be increased to support services the Department of Health provides. With the revenue increased, programs will be able to maintain the current level of public health activities.

Proposal Changes the Following Existing Rules: The change to the existing rule is a proposed fee increase and to clarify language.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules that set or adjust fees pursuant to legislative standards are exempt from the Regulatory Fairness Act.

RCW 34.05.328 does not apply to this rule adoption. Rules that set or adjust fees pursuant to legislative standards are exempt from the requirements of RCW 34.05.328.

Hearing Location: Department of Health, 7171 Cleanwater Lane, Building 3, Olympia, WA 98504, on December 16, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact TDD (800) 833-6388.

Submit Written Comments to: Jan Haywood, 7171 Cleanwater Lane, P.O. Box 47820, Olympia, WA 98504-7820, fax (360) 236-2250, by December 14, 1999.

Date of Intended Adoption: December 23, 1999.

November 1, 1999

M. C. Selecky

Secretary

OTS-3423.2

AMENDATORY SECTION(Amending WSR 99-12-022, filed 5/24/99, effective 6/24/99)

WAC 246-290-990
Water system evaluation and project review and approval fees.

(1) The fees for the review and approval of water system plans, project reports, construction documents, existing systems, and related evaluations required under chapters 246-290, 246-291, 246-293, and 246-295 WAC shall be as follows:

(a) Water system plans required under WAC 246-290-100, 246-290-105, 246-291-140, 246-293-220, 246-293-230, and 246-294-060.

			——————————————— Group A —————————————
Project Type	Group B		<100 Services		100 to 500 Services		501 to 999 Services		1,000 to 9,999 Services		10,000 or more Services
Water system plan (New and Updated)	(($117 $120		$412 $425		$1,006 $1,039		$1,901 $1,964		$3,089 $3,191		$4,572)) $4,723
Minor water system plan alteration	$29		(($98 $101		$247 $255		$474 $489		$768 $793		$1,126)) $1,163

(b) Satellite management agency (SMA) plans for Group A and Group B water systems required under WAC 246-295-040.

	————— Total Active or Approved Services —————
Project Type	<100 Services			100 to 500 Services		501 to 999 Services		1,000 to 9,999 Services		10,000 or more Services
SMA plan for ownership (New and Updated)	(($412 $425			$1,006 $1,039		$1,901 $1,964		$3,089 $3,191		$4,572)) $4,723
SMA approval amendment		$((87)) 89 per hour or appropriate fee from category above, whichever is less
SMA plan for operation only (New and Updated)	(($1,006 $1,039			$1,006 $1,039		$1,006 $1,039		$1,006 $1,039		$1,006)) $1,039

Note:

SMAs owning water systems and submitting planning documents to the department for review shall be charged only the SMA fee.

(c) New plan elements required under WAC 246-290-100, 246-290-105, 246-290-125, 246-290-132, 246-290-135, 246-290-691, and 246-291-140 including:

(i) Conservation; and

(ii) Wellhead protection, shall be reviewed separately by the department and the fee assessed shall reflect the time spent for this review and shall be calculated based on ((eighty-seven)) eighty-nine dollars per hour.  After the initial submittal, updated information shall be reviewed as part of the updated water system plan and the review fee shall be included in the applicable updated plan review fee listed under (a) or (b) of this subsection.

(d) Project reports required under WAC 246-290-110 and design reports required under WAC 246-291-120.

			——————————————— Group A —————————————
Project Type	Group B		<100 Services		100 to 500 Services		501 to 999 Services		1,000 to 9,999 Services		10,000 or more Services
All types of filtration or other complex treatment processes	(($292 $301		$593 $612		$921 $951		$1,334 $1,378		$1,838 $1,899		$2,438)) $2,518
Chemical addition only, such as ion exchange, hypochlorination, or fluoridation	(($87 $89		$173 $178		$292 $301		$440 $454		$621 $641		$831)) $858
Complete water system (an additional fee shall be assessed for review of treatment facility, if any)	(($173 $178		$412 $425		$650 $671		$950 $981		$1,306 $1,349		$1,720)) $1,777
System modifications requiring a detailed evaluation to determine whether the system, as modified, will comply with regulations (an additional fee shall be assessed for review of treatment facility, if any)	(($117 $120		$292 $301		$474 $489		$712 $735		$1,006 $1,039		$1,357)) $1,402

Note:

In accordance with WAC 246-290-125, project reports are not required for minor projects that are described in sufficient detail in an approved water system plan, and have been reviewed as part of the process for approving the water system plan.

(e) Special reports or plans required under WAC 246-290-230, 246-290-235, 246-290-250, 246-290-470, 246-290-636, 246-290-640, 246-290-654, 246-290-676, 246-291-230 including:

(i) Corrosion control recommendation report;

(ii) Corrosion control study;

(iii) Plan to cover uncovered reservoirs;

(iv) Predesign study;

(v) Uncovered reservoir plan of operation;

(vi) Tracer study plan;

(vii) Surface water or GWI treatment facility operations plan;

(viii) Filtration pilot study; or

(ix) GWI determination reports, shall be reviewed by the department and the fee assessed shall reflect the time spent for this review and shall be calculated based on ((eighty-seven)) eighty-nine dollars per hour.

(f) Construction documents required under WAC 246-290-120 and design reports required under WAC 246-291-120.

			——————————————— Group A —————————————
Project Type	Group B		<100 Services		100 to 500 Services		501 to 999 Services		1,000 to 9,999 Services		10,000 or more Services
All types of filtration or other complex treatment processes	(($292 $301		$593 $612		$921 $951		$1,334 $1,378		$1,838 $1,899		$2,438)) $2,518
Chemical addition only, such as ion exchange, hypochlorination, or fluoridation	(($87 $89		$173 $178		$292 $301		$440 $454		$621 $641		$831)) $858
Complete new water system except treatment (an additional fee shall be assessed for review of treatment facility, if any)	(($236 $243		$530 $547		$768 $793		$1,068 $1,103		$1,426 $1,473		$1,838)) $1,899
New source only (an additional fee shall be assessed for review of treatment facility, if any)	(($173 $178		$321 $331		$440 $454		$593 $612		$768 $793		$978)) $1,010
One or more of the following submitted as a package and not requiring a detailed evaluation as determined by the department: Water line installation, booster pump station, modifications to source pumping, piping-valving, controls or storage reservoir (an additional fee shall be assessed for review of treatment facility, if any)	(($117 $120		$203 $209		$321 $331		$474 $489		$650 $671		$859)) $887
Documents submitted for projects such as water line installation, booster pump stations, modifications to source pumping, piping/valving, controls or storage reservoirs as determined by the department where such projects:
Comply with design standards established by the department;
Are prepared by a professional engineer in accordance with WAC 246-290-040; and
Do not require a detailed evaluation by the department.	(($56 $57		$101 $104		$168 $173		$236 $243		$327 $337		$429)) $443

(g) Existing system approval required under WAC 246-290-140 and 246-291-130. For the purpose of this subsection the department shall determine whether a system is expanding or nonexpanding.

			———————————————— Group A —————————————
Project Type	Group B		<100 Services		100 to 500 Services		501 to 999 Services		1,000 to 9,999 Services		10,000 or more Services
NONEXPANDING system not requiring a detailed evaluation by the department	(($225 $232		$451 $465		$678 $700		$904 $934		$1,131 $1,168		$1,357)) $1,402
NONEXPANDING system requiring a detailed evaluation as determined by the department	(($338 $349		$678 $700		$1,018 $1,060		$1,357 $1,402		$1,697 $1,753		$2,037)) $2,104
EXPANDING system not requiring a detailed evaluation by the department	(($451 $465		$904 $934		$1,357 $1,402		$1,810 $1,870		$2,263 $2,338		$2,715)) $2,805
EXPANDING system requiring a detailed evaluation as determined by the department	(($565 $583		$1,131 $1,168		$1,697 $1,753		$2,263 $2,338		$2,829 $2,922		$3,395)) $3,507

(h) Monitoring waivers requested under WAC 246-290-300.

		———————————————— Group A ———————————————
Project Type	Group B	<100 Services	100 to 500 Services	501 to 999 Services	1,000 to 9,999 Services	10,000 or more Services
Inorganic chemical monitoring waiver	Not applicable	$ ((78)) 80 per source	$((107)) 110 per source	$((135)) 139 per source	$((163)) 168 per source	$((191)) 197 per source
Organic chemical monitoring waiver	Not applicable	$((140)) 144 per source	$((196)) 202 per source	$((254)) 262 per source	$((310)) 320 per source	$((366)) 378 per source
Use waiver	Not applicable	$((168)) 173 per source	$((225)) 232 per source	$((287)) 296 per source	$((338)) 349 per source	$((394)) 407 per source
Area wide waiver renewal	Not applicable	$((168)) 173 per source	$((208)) 214 per source	$((247)) 255 per source	$((287)) 296 per source	$((316)) 326 per source
Inorganic chemical monitoring waiver renewal	Not applicable	$ ((43)) 44 per source	$ ((56)) 57 per source	$ ((66)) 68 per source	$ ((78)) 80 per source	$ ((89)) 91 per source
Organic chemical monitoring waiver renewal	Not applicable	$ ((84)) 86 per source	$((117)) 120 per source	$((152)) 157 per source	$((185)) 191 per source	$((219)) 226 per source
Use waiver renewal	Not applicable	$((117)) 120 per source	$((157)) 162 per source	$((196)) 202 per source	$((236)) 243 per source	$((276)) 285 per source
Coliform monitoring waiver including departmental inspection requested by purveyor	Not applicable	$((356)) 367	$((440)) 454	$((559)) 577	$((712)) 735	Not applicable
Coliform monitoring waiver with third-party inspection report	Not applicable	$((112)) 115	$((112)) 115	$((112)) 115	$((112)) 115	Not applicable

(i) Other evaluations and approvals.  As applicable, these fees will be charged in addition to the basic fees assessed under (a) through (h) of this subsection.

				——————————————— Group A————————————————
Project Type		Group B		<100 Services		100 to 500 Services		501 to 999 Services		1,000 to 9,999 Services		10,000 or more Services
Well-site evaluation and approval including the site inspection and hydrogeologic information review.		(($173 $178		$259 $267		$305 $315		$378 $390		$474 $489		$593)) $612
Regulatory monitoring plan1		No plan required		(($168 $173		$225 $232		$282 $291		$338 $349		$394)) $407
Unfiltered system annual comprehensive report		Not applicable		(($338 $349		$565 $583		$791 $817		$1,018 $1,051		$1,243)) $1,284
1	A comprehensive document containing coliform, inorganic chemical and organic chemical monitoring plans in accordance with WAC 246-290-300.
Water system compliance report		(($ 98 $101		$ 98 $101		$ 98 $101		$ 98 $101		$ 98 $101		$ 98)) $101

(2) To determine the appropriate fee for a noncommunity system, calculate the service equivalent by taking the average population served each day of operation and dividing by twenty-five for a transient noncommunity (TNC) system and two and one-half for nontransient noncommunity (NTNC) system.  Use the number of service equivalents to find out what Group A size category to look under and submit the appropriate fee.  (All noncommunity systems are Group A systems as described in WAC 246-290-020.)

(3) Additional review and approval fees may be assessed as follows:

(a) The basic fee covers an evaluation, or the review of an initial submittal and one resubmittal if required.  If additional resubmittals are required, an additional twenty-five percent of the original fee will be assessed for each additional resubmittal.  For water system plan and SMA plan preparation the basic fee also covers a preplanning conference.  When the department is asked to participate in other meetings involving the plan such as community meetings, public hearings, or meetings with elected officials, the department is authorized to charge additional fees at the rate of ((eighty-seven)) eighty-nine dollars per hour;

(b) Fees for department project approval based on local technical review will be determined on a case-by-case basis as outlined in the applicable memorandum of understanding between the department and the respective local agency;

(c) Fees for services which the department determines are not described under subsection (1) of this section, will be calculated based on a rate of ((eighty-seven)) eighty-nine dollars per hour.

Examples of these services include, but are not limited to:

(i) Review and inspection of water reuse projects;

(ii) Collection of water quality samples requested by purveyor;

(iii) Review of alternate technologies requested by purveyor, manufacturer or authorized representative;

(iv) Sanitary surveys, including the time spent as part of the annual on-site inspections ((required)) for systems under WAC 246-290-690(3) that is in addition to the time necessary to assess watershed control and disinfection treatment;

(v) Well field designations; or

(vi) Transfers of ownership under WAC 246-290-035 or 246-294-060.

(d) Additional fees assessed by the department shall be billed to the purveyor using an itemized invoice.

(4) If the legislature revises the water system operating permit fee under RCW 70.119A.110 to incorporate into it one or more fees for service currently assessed separately under this section, and the purveyor has paid that consolidated fee, the department shall not assess or collect a separate fee under this section for any such service.

(5) All fees required under this section except as noted in subsection (3) of this section, shall be submitted prior to the department's approval.  Payment of fees shall be in the form of a check or money order made payable to: The Department of Health.  Payment of a fee shall not guarantee approval of the submitted document or evaluation request.

(6) Purveyors unable to determine the appropriate fee payment to submit should contact the department.

[Statutory Authority: RCW 43.70.250.  99-12-022, § 246-290-990, filed 5/24/99, effective 6/24/99.  Statutory Authority: RCW 43.20B.020.  98-11-068, § 246-290-990, filed 5/19/98, effective 6/19/98; 97-12-032, § 246-290-990, filed 5/30/97, effective 6/30/97; 95-20-079, § 246-290-990, filed 10/4/95, effective 11/4/95; 93-01-006 (Order 315), § 246-290-990, filed 12/3/92, effective 1/3/93.  Statutory Authority: RCW 43.70.040.  91-02-049 (Order 121), recodified as § 246-290-990, filed 12/27/90, effective 1/31/91.  Statutory Authority: RCW 43.20A.055.  87-14-066 (Order 2493), § 440-44-048, filed 7/1/87; 83-14-038 (Order 1980), § 440-44-048, filed 6/30/83.]

OTS-3424.1

AMENDATORY SECTION(Amending WSR 99-12-022, filed 5/24/99, effective 6/24/99)

WAC 246-292-160
Water works certification fees.

(1) Operator fees:

(a) Applicable fees shall be as indicated in Table 2;

Table 2

WATER WORKS OPERATOR FEES

OPERATOR CLASSIFICATION	APPLICATION FEE	REAPPLICATION FEE	ANNUAL RENEWAL FEE	LATE FEE
WTPO	$ ((54.00)) 55.00	$ 27.00	$ 27.00*	$ 27.00*
WDM	$ ((54.00)) 55.00	$ 27.00	$ 27.00*	$ 27.00*
WDS	$ ((54.00)) 55.00	$ 27.00	$ 27.00*	$ 27.00*
CCS	$ ((32.00)) 33.00	$ 27.00	$ 27.00*	$ 27.00*
BAT	$ ((32.00)) 33.00	$ 27.00	$ 27.00	$ 27.00
BTO	$ ((32.00)) 33.00	$ 27.00	$ 27.00	$ 27.00

*	The annual renewal fee and late fee for a WTPO, WDM, WDS and CCS certification shall be twenty-seven dollars regardless of the number of classifications held.

(b) A late fee shall be assessed to operators failing to submit the required fee within the time period specified on the renewal form; and

(c) The fee for application for reciprocity shall be one hundred ((eight)) eleven dollars per classification.

(2) Group A system fees:

(a) Applicable fees shall be as indicated in Table 3.

Table 3

ANNUAL SYSTEM CERTIFICATION FEES

SYSTEM SIZE* (Number of Equivalent Services)	SYSTEM FEE
Less than 601 Services	$	((81.00)) 83.00
601 through 6,000 Services	$	((243.00)) 251.00
6,001 through 20,000 Services	$	((325.00)) 335.00
More than 20,000 Services	$	((487.00)) 503.00

*	Systems designated by the department as approved satellite management agencies (SMAs) shall pay a fee based on total services in all systems owned by the SMA.

(b) Group A system fees shall be paid in conjunction with the system's annual operating permit fee required in chapter 246-294 WAC.

(c) A late fee shall be assessed against any system not submitting the applicable fee to the department within the designated time period.  The late fee shall be based on the water system's classification and shall be an additional ten percent of the applicable system fee or twenty-seven dollars, whichever is greater.

(d) The system fee for issuance of a temporary certificate shall be ((fifty-four)) fifty-five dollars for each temporary position.

(3) Fees shall be nonrefundable and transfers of fees shall not be allowed.

(4) Payment of fees required under this chapter shall be in the form of a check or money order made payable to the department of health and shall be mailed to Department of Health, P.O. Box 1099, Olympia, Washington 98507-1099, or such successor organization or address as designated by the department.

[Statutory Authority: RCW 43.70.250.  99-12-022, § 246-292-160, filed 5/24/99, effective 6/24/99.  Statutory Authority: RCW 43.20B.020.  98-12-015, § 246-292-160, filed 5/22/98, effective 6/22/98.  Statutory Authority: Chapter 70.119 RCW.  94-04-004, § 246-292-160, filed 1/20/94, effective 2/20/94.]

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