PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 04-01-116.
Title of Rule: Chapter 173-224 WAC, Wastewater discharge permit fees.
Purpose: To increase fees for fiscal years 2005 and 2006 for all fee categories. Redefine animal unit. Restructure concentrated animal feed operation category. Establish new fees for municipal separate storm sewer system permits.
Statutory Authority for Adoption: Chapter 90.48 RCW, Water pollution control.
Statute Being Implemented: Chapter 90.48 RCW, Water pollution control.
Summary: Establishes annual fees for holders of wastewater and/or stormwater discharge permits.
Reasons Supporting Proposal: This rule resulted from the passage of Initiative 97 passed by Washington voters in 1987 requiring the wastewater discharge permit program to be funded from annual fees paid by holders of wastewater and/or stormwater discharge permits.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bev Poston, Olympia, Washington, (360) 407-6425.
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, Water pollution control) to collect fees from all holders of wastewater and/or stormwater discharge permits. The fees are required to fund operation of the permit program. The proposed changes for wastewater permit holders will allow ecology to continue existing levels of service to the growing permit universe and maintain a base level of service if projected revenues fall below the legislative appropriation level for state fiscal years 2005 and 2006.
Fees will be established for new permit holders of municipal separate storm sewer system permits. The rule also proposes fee increases for industrial and construction stormwater general permit holders which will enable ecology to fund the enhancements to the stormwater general permit program as required by ESSB 6415.
Proposal Changes the Following Existing Rules:
| • | Increases annual fees for all wastewater permit holders by 3.03% for FY 2005 and 2.62% for FY 2006. |
| • | Increases annual fees for industrial and construction stormwater general permit holders to fund activities outlined in ESSB 6415. |
| • | Creates first time fees for new permit holders of municipal separate storm sewer system permit holders. |
| • | Establishes a new definition for animal unit. |
| • | Restructure the concentrated animal feeding operation category. |
| • | Restructure the industrial and construction stormwater general permit fee categories. |
No small business economic impact statement has been prepared under chapter 19.85 RCW. No economic analysis of the new fees being proposed is required because ecology has chosen the least burdensome permitting activity for potential permit holders small and large alike. Ecology will issue general permit coverage for the municipalities needing separate storm sewer system permit coverage. This results in no application fees being assessed (a requirement for individual permit coverage) as well as the additional staff time necessary to obtain an individual permit. Ecology has included reductions to the storm sewer system permit fee for small municipals with a median household income that averages less than the state average. Fees for those municipal permit holders will be reduced by 50%. This regulation also provides relief from fees for small business with no more than one million dollars of gross revenue from the activity covered by the permit. To the extent there may be disproportionate impacts on small business, this provides mitigation, as would be required by the Regulatory Fairness Act (RCW 19.85.030) were a small business impact statement found to be necessary.
RCW 34.05.328 does not apply to this rule adoption. Under certain conditions, rules changing fee schedules are exempt from significant legislative rule cost benefit analysis (RCW 34.05.328) requirements. The exemptions apply to rules which set or adjust fees or rates pursuant to legislative standards. Legislative standards for these fees appear in RCW 90.48.465 (authorizing the fee) and in the biennial budget, which establishes the total revenue which can be collected. Ecology is proposing to increase fees for wastewater permit holders to match the fiscal growth limits for both state fiscal years 2005 and 2006 as determined by the Washington State Office of Financial Management. Ecology is proposing to increase fees for stormwater general permit holders as directed with the recent passage of ESSB 6415.
Hearing Location: Ecology will hold a short workshop that will be immediately followed by a public hearing at the following locations, dates and times: Cowlitz County PUD, 961 12th Avenue, Longview, on May 12, 2004, at 1:30 p.m.; at the Department of Social and Health Services, 900 East College Way, Skagit Room, Mount Vernon, on May 13, 2004, at 1:30 p.m.; at the Mid Columbia Library, 1620 South Union, Kennewick, on May 17, 2004, at 1:30 p.m.; at the Shadle Library, 2111 West Wellesley, Spokane, on May 18, 2004, at 1:30 p.m.; at the Hal Holmes Center, 201 North Ruby Street, Ellensburg, on May 19, 2004, at 1:30 p.m.; and at the Pierce County Library, Administration Services Center, 3005 112th Street East, Tacoma, on May 20, 2004, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact Bev Poston by May 1, 2004, (360) 407-6425 or TTY 711 or 1-800-833-8973.
Submit Written Comments to: Bev Poston, Department of Ecology, Water Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, Bpos461@ecy.wa.gov, fax (360) 407-6425, by May 26, 2004.
Date of Intended Adoption: July 12, 2004.
April 6, 2004
Polly Zehm
Deputy Director
by Dale R. Jensen
OTS-6966.4
AMENDATORY SECTION(Amending WSR 02-12-059, filed 5/30/02,
effective 6/30/02)
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, or the production of concrete, 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 and
25 swine. Dairy cows are determined in the following manner:
Jersey breed (nonmixed) = 0.9 milking cow, 0.9 dry cow, 0.22
heifers, and 0.22 calves; other breeds = 1.4 milking cow, 1.0
dry cow, 0.8 heifers, 0.5 calves.))
"Animal unit" means the following:
| Animal Type | Number of Animals per Animal Unit | |||
| Dairy Cows | ||||
| Jersey Breed | ||||
| Milking Cow | 0.900 | |||
| Dry Cow | 0.900 | |||
| Heifer | 0.220 | |||
| Calf | 0.220 | |||
| Other Breeds | ||||
| Milking Cow | 1.400 | |||
| Dry Cow | 1.000 | |||
| Heifer | 0.800 | |||
| Calf | 0.500 | |||
| Feedlot Beef | 0.877 | |||
| Horses | 0.500 | |||
| Sheep | 0.100 | |||
| Swine for breeding | 0.375 | |||
| Swine for slaughter | 0.110 | |||
| Laying hens pullets > 3 months | 0.004 | |||
| Broilers pullets < 3 months | 0.002 | |||
"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 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" 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.
"Disturbed acres" means the total area which will be disturbed during all phases of the construction project or common plan of development or sale. This includes all clearing, grading, and excavating, and any other activity which disturbs the surface of the land.
"Domestic wastewater" means water carrying human wastes, including kitchen, bath, and laundry wastes from residences, buildings, industrial establishments or other places, together with any ground water infiltration or surface waters 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, 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 that treat wastes from only one separately permitted food processor must be treated as one facility for billing purposes.
"Gross revenue for business" means the gross income from Washington business activities as reported to the Washington state department of revenue.
"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.
"Median household income" means the most recent available census data, updated yearly based on inflation rates as measured by the Federal Bureau of Labor Statistics and published as the Consumer Price Index.
"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 any industrial wastes 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 in accordance with state law and 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))
does not come into direct contact with any raw materials,
intermediate product, waste product or finished product, but
which may contain chemicals or additives added by the
permittee to control corrosion or fouling of the cooling
system.
"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, 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 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 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. 02-12-059, § 173-224-030, filed 5/30/02, effective 6/30/02; 00-02-031 (Order 99-03), § 173-224-030, filed 12/28/99, effective 1/28/00; 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.]
(2) Industrial facility categories.
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ANNUAL PERMIT FEE |
ANNUAL PERMIT FEE AND BEYOND |
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