Original Notice.

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

Title of Rule: Environmental health program fees, WAC 246-282-990 Sanitary control of shellfish fees, 246-205-990 Decontamination of illegal manufacturing and storage site fees, and 246-260-9901 Water recreation facilities fees.

Purpose: Increase fees by the 2001 fiscal growth factor of 2.87%.

Statutory Authority for Adoption: RCW 43.70.250.

Statute Being Implemented: RCW 43.20B.020.

Summary: Fees support public health activities in the food safety and shellfish and environmental health and safety and need to be adjusted to compensate for inflation.

Reasons Supporting Proposal: Fee adjustments are necessary to guarantee sufficient revenue to fulfill the Department of Health public health protection obligations.

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 proposed amendments increase fees by the 2001 fiscal growth factor of 2.87%. This increase is necessary to ensure continued protection of public health by enabling the programs to acquire additional revenue to maintain current service activities and meet program costs.

Proposal Changes the Following Existing Rules: The only proposed changes to these rules increase existing fees by the 2001 fiscal growth factor of 2.87%.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), rules that set or adjust fees pursuant to legislative standards are exempt from the 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: 7171 Cleanwater Lane, Building 2, Tumwater, WA 89512 [98512], on June 27, 2001, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Jan Haywood by June 20, 2001, TDD (800) 833-6388, or (260) [(360)] 236-3011.

Submit Written Comments to: Jan Haywood, P.O. Box 47820, Olympia, WA 98504-7820, fax (360) 236-2250, by June 27, 2001.

Date of Intended Adoption: June 27, 2001.

May 22, 2001

Nancy Ellison

Deputy

for Mary C. Selecky

Secretary

OTS-4883.1

AMENDATORY SECTION(Amending WSR 01-04-054, filed 2/5/01, effective 3/8/01)

WAC 246-282-990   Fees.   (1) Annual shellfish operation license fees are:

Type of Operation			Annual Fee
	Harvester			$250.
	Shellstock Shipper
		0 - 49 Acres		$((275.)) 282.
		50 or greater Acres		$((440.)) 452.
	Scallop Shellstock Shipper		$((275.)) 282
	Shucker-Packer
		Plants with floor space < 2000 sq. ft.		$((500.)) 514.
		Plants with floor space 2000 sq. ft. to 5000 sq. ft.		$((605.)) 622.
		Plants with floor space > 5000 sq. ft.		$((1,115.)) 1,147.

(2) The fee for each export certificate is $10.

(3) The fee for a harvester shellfish operation license is $125 for the period of time between October 1, 2001, and March 31, 2002. This subsection expires on April 1, 2002.

[Statutory Authority: RCW 69.30.030 and 43.20.030. 01-04-054, 246-282-990, filed 2/5/01, effective 3/8/01. Statutory Authority: RCW 43.70.250. 00-02-016, 246-282-990, filed 12/27/99, effective 1/27/00; 99-12-022, 246-282-990, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.20B.020 and 69.30.030. 98-12-068, 246-282-990, filed 6/1/98, effective 7/2/98. Statutory Authority: RCW 43.203.020 [43.20B.020]. 97-12-031, 246-282-990, filed 5/30/97, effective 6/30/97. Statutory Authority: RCW 43.20B.020 and 69.30.030. 96-16-073, 246-282-990, filed 8/6/96, effective 10/1/96. Statutory Authority: RCW 43.70.040. 93-17-096 (Order 389), 246-282-990, filed 8/17/93, effective 9/17/93; 91-02-049 (Order 121), recodified as 246-282-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20A.055. 85-12-029 (Order 2236), 440-44-065, filed 5/31/85; 84-13-006 (Order 2109), 440-44-065, filed 6/7/84; 83-15-021 (Order 1991), 440-44-065, filed 7/14/83. Statutory Authority: 1982 c 201. 82-13-011 (Order 1825), 440-44-065, filed 6/4/82.]

OTS-4877.1

AMENDATORY SECTION(Amending WSR 00-02-016, filed 12/27/99, effective 1/27/00)

WAC 246-205-990   Fees.   (1) The department shall charge fees for issuance and renewal of certificates. The department shall set the fees by rule.

(2) The fees shall cover the cost of issuing certificates, filing papers and notices, and administering this chapter. The costs shall include reproduction, travel, per diem, and administrative and legal support costs.

(3) Fees are nonrefundable and shall be in the form of check or money order made payable to the department.

(4) The department shall require payment of the following fees upon receipt of application:

(a) Twenty-((seven)) eight dollars shall be assessed for each initial, renewal, or reciprocal worker certificate application.

(b) Twenty-((seven)) eight dollars shall be assessed for each initial, renewal, or reciprocal supervisor certificate application.

(c) Five hundred ((thirty-seven)) fifty-two dollars shall be assessed for each initial, renewal, or reciprocal authorized contractor certificate application. The applicant's certificate shall expire annually on the expiration date of the contractor's license issued under the provisions of chapter 18.27 RCW.

(d) Two hundred ((five)) eleven dollars shall be assessed for each initial application and fifty-one dollars shall be assessed for each renewal application for illegal drug manufacturing or storage site decontamination training course approval.

[Statutory Authority: RCW 43.70.250. 00-02-016, 246-205-990, filed 12/27/99, effective 1/27/00; 99-12-022, 246-205-990, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 64.44.060 and chapter 64.44 RCW. 91-04-007 (Order 125SB), 246-205-990, filed 1/24/91, effective 4/1/91.]

OTS-4882.1

AMENDATORY SECTION(Amending WSR 94-11-056, filed 5/11/94, effective 6/11/94)

WAC 246-260-9901   Fees.   (1) CONSTRUCTION PERMIT FEES. The department establishes the fees listed in Table 990.1 for construction permits for carrying out its duties under WAC 246-260-030.

TABLE 990.1

CONSTRUCTION PERMIT FEES

TABLE 990.2

FEE SCHEDULE

OPERATING PERMITS

Type + Number of Facilities

	Single Swim Pool	Single Spa Pool	Single Wading Pool	Spray Pool or Pools	Each Additional Swim, Spa, or Wading Pool
Operating Permit 0-6 month	$((275.00)) 282.00	$((240.00)) 247.00	$((200.00)) 205.00	$((100.00)) 102.00	$((60.00)) 61.00
Operating Permit 6-12 months	$((450.00)) 462.00	$((400.00)) 411.00	$((350.00)) 360.00	$((150.00)) 154.00	$((80.00)) 82.00

Other Terms and Conditions:

(1)	The department may charge an additional fee of $85 plus associated laboratory costs for any inspections beyond those provided under the annual operating permit when necessary due to violations of such items as (a) noncompliance with water quality standards, and (b) failure to comply with operational requirements for health and safety.
(2)	The department may charge an alternate annual fee for an operating permit based on direct and indirect costs associated with issuance of the permit when arrangements are made with local health jurisdictions to administer all or portions of the duties associated with the operating permit. Except, that the fee for this operating permit cannot exceed the cost established by the previous portions of this regulation, but the fee may be less.
(3)	During the first year of development of the operating permit and for new pool facilities built hereafter, or pools temporarily closed (significant period of several months) and reopened, there are provisions for prorating the costs for the operating permits.
(4)	A reduction in fees, up to but not exceeding thirty percent, may be granted by the department when a facility operator can demonstrate a satisfactory level of training in pool safety, water quality, maintenance and operations. The department will develop criteria for such fee reductions within six months of the adoption of this regulation.
(5)	For limited use facilities requiring operating permits which are serving less than fifteen living units, the operating permit shall be fifty percent of the fee. However, reinspection fees when necessary, will be charged as noted in condition (1).
(6)	Fees for multiple facilities at the same physical location shall have a maximum FEE CAP as follows: Seasonal (0-6 months) WRF's: $750 NOTE: The third and subsequent pool/spa at the same location will be charged $50 for each such additional pool/spa.
	Year around (>6 months) WRF's $1000 NOTE: The third and subsequent pool/spa at the same physical location will be charged $65 for each such additional pool/spa.

Examples of Fees Charged:

(1)	If more than one pool at a facility and one is a year-round pool and another is a seasonal pool--year-round pool is base cost, seasonal pool is charged at additional fee charge. For example: Year-round spa = $((400)) 411 plus seasonal swimming pool is $((60)) 61 = $((460)) 472 total operating permits.
(2)	If a single swimming pool and a single spa pool is used at the facility, the fee schedule will include fees as noted. For a 0-6 month permit, the primary fee for the single swimming would be $((275)) 282 and the spa pool would be viewed as the second pool at the facility and would have a fee of $((60)) 61, total operating permit fees would be $((335)) 343.
(3)	If there are 12 pools/spas at a single year-around pool facility, the FEE CAP would apply and the maximum fee of $1000 would be charged. ($((450)) 462 base fee((;)), $((80)) 82 for first additional pool/spa, $65 for the remaining ten year-around pools/spas (10 x $65 = $650)) Total fee before fee cap = $((550)) 462 + $((80)) 82 + $650 = $((1280)) 1194. After FEE CAP the total fee = $1000. If approved training were credited to this facility for the maximum 30% discount, the 30% would be applied to the FEE CAP fee of $1000; $1000-30% = $700.

[Statutory Authority: RCW 70.90.150 and 43.20B.020. 94-11-056, 246-260-9901, filed 5/11/94, effective 6/11/94.]

Washington State Code Reviser's Office