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: To revise the fee schedule for the Division of Drinking Water. The proposal includes raising water system plan review and drinking water operator certification fees to levels authorized by section 220(1), chapter 7, Laws of 2001 2nd sp.s. Other fees are raised to the fiscal growth factor for fiscal year 2002, 2.79%.

Statutory Authority for Adoption: RCW 43.70.250.

Statute Being Implemented: RCW 70.119.160.

Summary: Fees support public health activities in the Division of Drinking Water and need to be adjusted to compensate for the inflationary costs of administering the program.

Reasons Supporting Proposal: Fee adjustments are necessary to guarantee sufficient revenue to fulfill the department's 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 legislatively approved rate of 5.4% for plan reviews, 17.6% for operator certification (except for late fees, which will remain the same), and by the 2002 fiscal growth factor of 2.79% for monitoring waivers. The 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 proposed changes increase existing fees by the legislatively approved rates for WAC 246-292-160 and 246-290-990.

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 requirements of 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, Conference Center, 1101 Eastside Street, Olympia, WA 98504, on November 13, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Jan Haywood by November 6, 2001, TDD (800) 833-6388, or (360) 236-3011.

Submit Written Comments to: Jan Haywood, P.O. Box 47820, Olympia, WA 98504-7820, fax (360) 236-2250, by November 13, 2001.

Date of Intended Adoption: November 15, 2001.

October 3, 2001

M. C. Selecky

Secretary

OTS-4885.2

AMENDATORY SECTION(Amending WSR 00-02-015, filed 12/27/99, effective 1/27/00)

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, 246-294, 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)	(($ 120)) $126		(($425)) $447		(($1,039)) $1,095		(($ 1,964)) $2,070		(($ 3,191)) $3,363		(($ 4,723)) $4,978
Minor water system plan alteration	(($ 29)) $30		(($101)) $106		(($255)) $268		(($ 489)) $515		(($ 793)) $835		(($ 1,163)) $1,225

(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)	(($ 425)) $447			(($ 1,039)) $1,095		(($ 1,964)) $2,070		(($ 3,191)) $3,363		(($ 4,723)) $4,978
SMA approval amendment		(($ 89)) $93 per hour or appropriate fee from category above, whichever is less
SMA plan for operation only (New and Updated)	(($ 1,039)) $1,095			(($ 1,039)) $1,095		(($ 1,039)) $1,095		(($ 1,039)) $1,095		(($ 1,039)) $1,095

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-nine)) ninety-three 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	(($ 301)) $317		(($ 612)) $645		(($951)) $1,002		(($ 1,378)) $1,452		(($ 1,899)) $2,001		(($2,518)) $2,653
Chemical addition only, such as ion exchange, hypochlorination, or fluoridation	(($ 89)) $93		(($ 178)) $187		(($301)) $317		(($454)) $478		(($641)) $675		(($858)) $904
Complete water system (an additional fee shall be assessed for review of treatment facility, if any)	(($178)) $187		(($425)) $447		(($671)) $707		(($981)) $1,033		(($1,349)) $1,421		(($1,777)) $1,872
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)	(($120)) $126		(($301)) $317		(($489)) $515		(($735)) $774		(($1,039)) $1,095		(($1,402)) $1,477

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-nine)) ninety-three 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	(($301)) $317		(($612)) $645		(($951)) $1,002		(($1,378)) $1,452		(($1,899)) $2,001		(($2,518)) $2,653
Chemical addition only, such as ion exchange, hypochlorination, or fluoridation	(($89)) $93		(($178)) $187		(($301)) $317		(($454)) $478		(($641)) $675		(($858)) $904
Complete new water system except treatment (an additional fee shall be assessed for review of treatment facility, if any)	(($243)) $256		(($547)) $576		(($793)) $835		(($1,103)) $1,162		(($1,473)) $1,552		(($1,899)) $2,001
New source only (an additional fee shall be assessed for review of treatment facility, if any)	(($178)) $187		(($331)) $348		(($454)) $478		(($612)) $645		(($793)) $835		(($1,010)) $1,064
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)	(($120)) $126		(($209)) $220		(($331)) $348		(($489)) $515		(($671)) $707		(($887)) $934
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.	(($57)) $60		(($104)) $109		(($173)) $182		(($243)) $256		(($337)) $355		(($443)) $466

(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	(($232)) $244		(($465)) $490		(($700)) $737		(($934)) $984		(($1,168)) $1,231		(($1,402)) $1,477
NONEXPANDING system requiring a detailed evaluation as determined by the department	(($349)) $367		(($700)) $737		(($1,060)) $1,117		(($1,402)) $1,477		(($1,753)) $1,847		(($2,104)) $2,217
EXPANDING system not requiring a detailed evaluation by the department	(($465)) $490		(($934)) $984		(($1,402)) $1,477		(($1,870)) $1,970		(($2,338)) $2,464		(($2,805)) $2,956
EXPANDING system requiring a detailed evaluation as determined by the department	(($583)) $614		(($1,168)) $1,231		(($1,753)) $1,847		(($2,338)) $2,464		(($2,922)) $3,079		(($3,507)) $3,696

(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	(($80)) $82 per source	(($110)) $113 per source	(($139)) $142 per source	(($168)) $172 per source	(($197)) $202 per source
Organic chemical monitoring waiver	Not applicable	(($144)) $148 per source	(($202)) $207 per source	(($262)) $269 per source	(($320)) $328 per source	(($378)) $388 per source
Use waiver	Not applicable	(($173)) $177 per source	(($232)) $238 per source	(($296)) $304 per source	(($349)) $358 per source	(($407)) $418 per source
Area wide waiver renewal	Not applicable	(($173)) $177 per source	(($214)) $219 per source	(($255)) $262 per source	(($296)) $304 per source	(($326)) $335 per source
Inorganic chemical monitoring waiver renewal	Not applicable	(($44)) $45 per source	(($57)) $58 per source	(($68)) $69 per source	(($80)) $82 per source	(($91)) $93 per source
Organic chemical monitoring waiver renewal	Not applicable	(($86)) $88 per source	(($120)) $123 per source	(($157)) $161 per source	(($191)) $196 per source	(($226)) $232 per source
Use waiver renewal	Not applicable	(($120)) $123 per source	(($162)) $166 per source	(($202)) $207 per source	(($243)) $249 per source	(($285)) $292 per source
Coliform monitoring waiver including departmental inspection requested by purveyor	Not applicable	(($367)) $377	(($454)) $466	(($577)) $593	(($735)) $755	Not applicable
Coliform monitoring waiver with third-party inspection report	Not applicable	(($115)) $118	(($115)) $118	(($115)) $118	(($115)) $118	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.		(($178)) $187		(($267)) $281		(($315)) $332		(($390)) $411		(($489)) $515		(($612)) $645
Regulatory monitoring plan1		No plan required		(($173)) $182		(($232)) $244		(($291)) $306		(($349)) $367		(($407)) $428
Unfiltered system annual comprehensive report		Not applicable		(($349)) $367		(($583)) $614		(($817)) $861		(($1,051)) $1,107		(($1,284)) $1,353
1	A comprehensive document containing coliform, inorganic chemical and organic chemical monitoring plans in accordance with WAC 246-290-300.
Water system compliance report		(($101)) $106		(($101)) $106		(($101)) $106		(($101)) $106		(($101)) $106		(($101)) $106

(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-nine)) ninety-three 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-nine)) ninety-three 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 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. 00-02-015, 246-290-990, filed 12/27/99, effective 1/27/00; 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-4886.1

AMENDATORY SECTION(Amending WSR 01-02-070, filed 12/29/00, effective 1/29/01)

WAC 246-292-160   Water works certification fees.   (1) Operator fees:

(a) Applicable fees are listed in Table 2 of this section;

Table 2

WATER WORKS OPERATOR FEES

OPERATOR CLASSIFICATION	APPLICATION FEE	REAPPLICATION FEE	ANNUAL RENEWAL FEE	LATE FEE
WTPO	$((55.00)) 64.00	$((27.00)) 31.00	$((27.00)) 31.00*	$27.00**
WDM	$((55.00)) 64.00	$((27.00)) 31.00	$((27.00)) 31.00*	$27.00**
WDS	$((55.00)) 64.00	$((27.00)) 31.00	$((27.00)) 31.00*	$27.00**
CCS	$((33.00)) 38.00	$((27.00)) 31.00	$((27.00)) 31.00*	$27.00**
BAT	$((33.00)) 38.00	$((27.00)) 31.00	$((27.00)) 31.00	$27.00
BTO	$((33.00)) 38.00	$((27.00)) 31.00	$((27.00)) 31.00	$27.00

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

**	The annual 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 is one hundred ((eleven)) thirty dollars per classification.

(2) Group A system fees:

(a) Applicable fees are listed as indicated in

Table 3 of this section.

Table 3

ANNUAL SYSTEM CERTIFICATION FEES

SYSTEM SIZE* (Number of Equivalent Services)	SYSTEM FEE
Less than 601 Services	$	((83.00)) 97.00
601 through 6,000 Services	$	((251.00)) 295.00
6,001 through 20,000 Services	$	((335.00)) 393.00
More than 20,000 Services	$	((503.00)) 591.00

*	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 for failing to submit 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 certification shall be ((fifty-five)) sixty-four dollars for each temporary position.

(3) Fees are nonrefundable and transfers of fees are not allowable.

(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: Chapter 70.119 RCW and Safe Drinking Water Act, Public Law 104-182; 64 F.R. 5916 - 5921. 01-02-070, 246-292-160, filed 12/29/00, effective 1/29/01. Statutory Authority: RCW 43.70.250. 00-02-015, 246-292-160, filed 12/27/99, effective 1/27/00; 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.]

Washington State Code Reviser's Office