PROPOSED RULES
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 Food safety and shellfish program certification fees, WAC 246-254-070, 246-254-080, 246-254-090 and 246-254-100, fees for specialized radioactive material licenses, and WAC 246-205-990 Fees for decontamination of illegal drug sites.
Purpose: Increase fees to the fiscal growth factor of 3.32%.
Statutory Authority for Adoption: RCW 43.70.250.
Summary: Fees support public health activities in the food safety and shellfish, environmental health and safety, and radiation protection programs and need to be adjusted to compensate for inflation and guaranteeing 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 is 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 only.
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: 7171 Cleanwater Lane, Building 5, Olympia, WA 98504, on November 15, 1999, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Jan Haywood by November 9, 1999, TDD (800) 833-6388.
Submit Written Comments to: Jan Haywood, fax (360) 236-2250, by November 12, 1999.
Date of Intended Adoption: December 27, 1999.
October 1, 1999
Eric Slagle
for Mary Selecky
Secretary
OTS-3389.1
AMENDATORY SECTION(Amending WSR 99-12-022, filed 5/24/99,
effective 6/24/99)
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-six)) Twenty-seven dollars shall be assessed
for each initial, renewal, or reciprocal worker certificate
application.
(b) ((Twenty-six)) Twenty-seven dollars shall be assessed
for each initial, renewal, or reciprocal supervisor certificate
application.
(c) Five hundred ((twenty)) thirty-seven 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 dollars shall be assessed for each initial application and fifty 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. 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-3388.1
AMENDATORY SECTION(Amending WSR 99-12-022, filed 5/24/99,
effective 6/24/99)
WAC 246-282-990
Shellfish program certification fees.
(1) Annual certificate fees are:
| Type of Operation | Annual Fee |
|||
| Harvester | $250. | |||
| Shellstock Shipper | ||||
| 0 - 49 Acres | (( $275. |
|||
| 50 or greater Acres | (( $440. |
|||
| Shucker-Packer | ||||
| Plants with floor space < 2000 sq. ft. | (( $500. |
|||
| Plants with floor space > 2000 sq. ft. and < 5000 sq. ft. |
(( $605. |
|||
| Plants with floor space > 5000 sq. ft. | (( $1,115. |
|||
(a) "Shellstock shipper" means shippers growing, harvesting, buying, or selling shellstock. Shellstock shippers are not authorized to shuck shellfish or to repack shucked shellfish.
(b) "Shucker-packer" means shippers shucking and packing shellfish. A shucker-packer may act as a shellstock dealer.
(c) "Harvester" means a commercial shellfish operation with activities limited to harvesting shellstock, and shipping and selling it within Washington state to shellfish dealers licensed by the department. Harvesters do not shuck shellfish; repack shucked shellfish; repack shellstock; or store shellstock in any location other than the approved growing area where the shellstock was harvested.
(3) "Export certificate" means a certificate issued by the department to a licensed shucker-packer or shellstock shipper for use in the foreign export of a lot or shipment of shellfish. The fee for each export certificate shall be $10.
[Statutory Authority: RCW 43.70.250. 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-3381.1
AMENDATORY SECTION(Amending WSR 99-12-022, filed 5/24/99,
effective 6/24/99)
WAC 246-254-070
Fees for specialized radioactive material
licenses.
(1) Persons licensed or authorized to possess or use radioactive material in the following special categories shall forward annual fees to the department as follows:
(a) Four thousand ((six)) eight hundred ((ninety))
forty-five dollars for operation of a single nuclear pharmacy.
(b) Eight thousand two hundred sixty-five dollars for operation of a single nuclear laundry.
(c) Eight thousand two hundred sixty-five dollars for a license authorizing a single facility to use more than one curie of unsealed radioactive material in the manufacture and distribution of radioactive products or devices containing radioactive material.
(d) Two thousand ((eight)) nine hundred ((ten)) dollars for
a license authorizing a single facility to use less than or equal
to one curie of unsealed radioactive material or any quantity of
previously sealed sources in the manufacture and distribution of
products or devices containing radioactive material.
(e) Seven hundred ((thirty)) fifty-four dollars for a
license authorizing the receipt and redistribution from a single
facility of manufactured products or devices containing
radioactive material.
(f) Five thousand ((three)) five hundred ((seventy))
forty-five dollars for a license authorizing decontamination
services operating from a single facility.
(g) Two thousand ((five)) six hundred ((forty)) twenty-five
dollars for a license authorizing waste brokerage including the
possession, temporary storage at a single facility, and
over-packing only of radioactive waste.
(h) One thousand one hundred ((thirty-five)) seventy dollars
for a license authorizing equipment servicing involving:
(i) Incidental use of calibration sources;
(ii) Maintenance of equipment containing radioactive material; or
(iii) Possession of sealed sources for purpose of sales demonstration only.
(i) Two thousand one hundred ((twenty)) ninety dollars for a
license authorizing health physics services, leak testing, or
calibration services.
(j) One thousand three hundred ((thirty)) seventy dollars
for a civil defense license.
(k) Four hundred thirteen dollars for a license authorizing possession of special nuclear material as pacemakers or depleted uranium as shielding.
(2) Persons licensed or authorized to possess and use radioactive material in the following broad scope categories shall forward annual fees to the department as follows:
(a) ((Fifteen)) Sixteen thousand ((eight)) four hundred
((eighty)) five dollars for a license authorizing possession of
atomic numbers three through eighty-three with maximum authorized
possession of any single isotope greater than one curie.
(b) Seven thousand ((three)) five hundred ((forty)) eighty
dollars for a license authorizing possession of atomic numbers
three through eighty-three with maximum authorized possession of
any single isotope greater than 0.1 curie but less than or equal
to one curie.
(c) ((Five)) Six thousand ((nine hundred)) ninety-five
dollars for a license authorizing possession of atomic numbers
three through eighty-three with maximum authorized possession
less than or equal to 0.1 curie.
(3) Persons licensed or authorized to possess or use radioactive material which are not covered by any of the annual license fees described in WAC 246-254-070 through 246-254-100, shall pay fees as follows:
(a) An initial application fee of one thousand dollars;
(b) Billing at the rate of ninety dollars for each hour of direct staff time associated with issuing and maintaining the license and for the inspection of the license; and
(c) Any fees for additional services as described in WAC 246-254-120.
(d) The initial application fee will be considered a credit against billings for direct staff charges but is otherwise nonrefundable.
(4) Persons licensed or authorized to possess or use radioactive material in a facility for radioactive waste processing, including resource recovery, volume reduction, decontamination activities, or other waste treatment, but not permitting commercial on-site disposal, shall pay fees as follows:
(a) A nonrefundable initial application fee for a new license of sixteen thousand dollars which shall be credited to the applicant's quarterly billing described in (b) of this subsection; and
(b) Quarterly billings for actual direct and indirect costs incurred by the department including, but not limited to, license renewal, license amendments, compliance inspections, a resident inspector for time spent on the licensee's premises as deemed necessary by the department, laboratory and other support services, and travel costs associated with staff involved in the foregoing.
[Statutory Authority: RCW 43.70.250. 99-12-022, § 246-254-070, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.70.110. 98-11-067, § 246-254-070, filed 5/19/98, effective 6/19/98. Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW. 96-11-043, § 246-254-070, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-070, filed 5/25/95, effective 6/25/95; 94-11-011 § 246-254-070, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-070, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), § 246-254-070, filed 10/29/91, effective 11/29/91.]
(1) Persons licensed or authorized to possess or use radioactive material in the following medical or veterinary categories shall forward annual fees to the department as follows:
(a) ((Three)) Four thousand ((nine)) one hundred ((seventy))
dollars for operation of a mobile nuclear medicine program from a
single base of operation.
(b) Two thousand ((eight)) nine hundred ninety((-five))
dollars for a license authorizing groups II and III of WAC 246-235-120 for diagnostic nuclear medicine at a single facility.
(c) Two thousand five hundred ((forty)) ninety dollars for a
license authorizing groups IV and V of WAC 246-235-120 for
medical therapy at a single facility.
(d) ((Three)) Four thousand ((nine)) one hundred ((ninety))
twenty dollars for a license authorizing groups II or III and
groups IV or V of WAC 246-235-120 for full diagnostic and therapy
services at a single facility.
(e) Two thousand ((one)) two hundred ((forty-five)) fifteen
dollars for a license authorizing group VI of WAC 246-235-120 for
brachytherapy at a single facility.
(f) One thousand three hundred ((thirty)) seventy dollars
for a license authorizing brachytherapy or gamma stereotactic
therapy or teletherapy at a single facility.
(g) Two thousand ((twenty)) eighty-five dollars for a
license authorizing medical or veterinary possession of greater
than two hundred millicuries total possession of radioactive
material at a single facility.
(h) One thousand six hundred ((ten)) sixty dollars for a
license authorizing medical or veterinary possession of greater
than thirty millicuries but less than or equal to two hundred
millicuries total possession of radioactive material at a single
facility.
(i) One thousand ((one)) two hundred ((eighty-five)) twenty
dollars for a license authorizing medical or veterinary
possession of less than or equal to thirty millicuries total
possession of radioactive material at a single facility.
(j) One thousand ((forty)) seventy-five dollars for a
license authorizing group I as defined in WAC 246-235-120 or in
vitro uses of radioactive material at a single facility.
(k) Six hundred ((fifty)) seventy-one dollars for a license
authorizing medical or veterinary possession of a sealed source
for diagnostic use at a single facility.
(2) Persons with licenses authorizing multiple locations of use shall increase the annual fee by fifty percent for each additional location or base of operation.
[Statutory Authority: RCW 43.70.250. 99-12-022, § 246-254-080, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.70.110. 98-11-067, § 246-254-080, filed 5/19/98, effective 6/19/98. Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW. 96-11-043, § 246-254-080, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-080, filed 5/25/95, effective 6/25/95; 94-11-011 § 246-254-080, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-080, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), § 246-254-080, filed 10/29/91, effective 11/29/91.]
(1) Persons licensed or authorized to possess or use radioactive material in the following industrial categories shall forward annual fees to the department as follows:
(a) Four thousand ((six)) eight hundred ((seventy-five))
thirty dollars for a license authorizing the use of radiographic
exposure devices in one or more permanent radiographic vaults in
a single facility.
(b) Six thousand ((two)) four hundred ((sixty-five)) seventy
dollars for a license authorizing the use of radiographic
exposure devices at temporary job sites but operating from a
single storage facility.
(c) Three thousand one hundred seventy dollars for a license authorizing well-logging activities including the use of radioactive tracers operating from a single storage facility.
(d) Six hundred ((sixty-five)) eighty-seven dollars for a
license authorizing possession of portable sealed sources
including moisture/density gauges and excluding radiographic
exposure devices operating from a single storage facility.
(e) Seven hundred ((thirty)) fifty-four dollars for a
license authorizing possession of any nonportable sealed source,
including special nuclear material and excluding radioactive
material used in a gas chromatograph at a single facility.
(f) Four hundred ((sixty)) seventy-five dollars for a
license authorizing possession of gas chromatograph units
containing radioactive material at a single facility.
(g) One thousand ((two)) three hundred ((sixty-))five
dollars for a license authorizing possession of any self-shielded
or pool type irradiator with sealed source total quantity greater
than one hundred curies at a single facility.
(h) Six thousand ((seven)) nine hundred twenty dollars for a
license authorizing possession of sealed sources for a walk-in
type irradiator at a single facility.
(i) ((Five)) Six thousand ((eight hundred thirty-five))
twenty-five dollars for a license authorizing possession of
greater than one gram of unsealed special nuclear material or
greater than five hundred kilograms of source material at a
single facility.
(j) One thousand ((eight)) nine hundred ((seventy)) thirty
dollars for a license authorizing possession of less than or
equal to one gram of unsealed special nuclear material or five
hundred kilograms of source material at a single facility.
(k) Three hundred nine dollars for a license authorizing possession of static elimination devices not covered by a general license.
(2) Persons with licenses authorizing multiple locations of permanent storage shall increase the annual fee by fifty percent for each additional location.
(3) Depleted uranium registrants required to file Form RHF-20 shall forward an annual fee of sixty-two dollars to the department.
[Statutory Authority: RCW 43.70.250. 99-12-022, § 246-254-090, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.70.110. 98-11-067, § 246-254-090, filed 5/19/98, effective 6/19/98. Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW. 96-11-043, § 246-254-090, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-090, filed 5/25/95, effective 6/25/95; 94-11-011 § 246-254-090, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-090, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), § 246-254-090, filed 10/29/91, effective 11/29/91.]
(1) Persons licensed or authorized to possess or use unsealed radioactive material in the following laboratory categories shall forward annual fees to the department as follows:
(a) Three thousand ((one)) three hundred ((ninety-five))
dollars for a license authorizing possession at a single facility
of unsealed sources in amounts greater than:
(i) One millicurie of I-125 or I-131; or
(ii) One hundred millicuries of H-3 or C-14; or
(iii) Ten millicuries of any single isotope.
(b) One thousand ((five)) six hundred ((eighty)) thirty-five
dollars for a license authorizing possession at a single facility
of unsealed sources in amounts:
(i) Greater than 0.1 millicurie and less than or equal to one millicurie of I-125 or I-131; or
(ii) Greater than ten millicuries and less than or equal to one hundred millicuries of H-3 or C-14; or
(iii) Greater than one millicurie and less than or equal to ten millicuries of any single isotope.
(c) One thousand three hundred ((thirty)) seventy dollars
for a license authorizing possession at a single facility of
unsealed sources in amounts:
(i) Greater than 0.01 millicurie and less than or equal to 0.1 millicurie of I-125 or I-131; or
(ii) Greater than one millicurie and less than or equal to ten millicuries of H-3 or C-14; or
(iii) Greater than 0.1 millicurie and less than or equal to one millicurie of any other single isotope.
(d) Four hundred ((sixty)) seventy-five dollars for a
license authorizing possession at a single facility of unsealed
or sealed sources in amounts:
(i) Less than or equal to 0.01 millicurie of I-125 or I-131; or
(ii) Less than or equal to one millicurie of H-3 or C-14; or
(iii) Less than or equal to 0.1 millicurie of any other single isotope.
(e) Six hundred ((fifteen)) thirty-five dollars for a
license authorizing possession at a single facility of large
quantities of naturally occurring radioactive material in total
concentration not exceeding 0.002 microcurie per gram.
(2) Persons with licenses authorizing multiple locations of use shall increase the annual fee by fifty percent for each additional location.
(3) Persons registered to perform in vitro testing pursuant to Form RHF-15 shall forward an annual fee of sixty-two dollars to the department.
[Statutory Authority: RCW 43.70.250. 99-12-022, § 246-254-100, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.70.110. 98-11-067, § 246-254-100, filed 5/19/98, effective 6/19/98. Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW. 96-11-043, § 246-254-100, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-100, filed 5/25/95, effective 6/25/95; 94-11-011 § 246-254-100, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-100, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), § 246-254-100, filed 10/29/91, effective 11/29/91.]