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(continued) entities required to have permit coverage under a municipal storm water general permit will pay an annual fee beginning in fiscal year 2007. The annual fee shall be based on the entities' previous year's annual operating budget as follows:
Annual Operating Budget FY 2007 Annual Permit Fee FY 2008 Annual Permit Fee and Beyond
Less than $100,000 $100.00 $105.00
$100,000 -< $1,000,000 $400.00 $422.00
$1,000,000 -< $5,000,000 $1,000.00 $1,055.00
$5,000,000 -< $10,000,000 $1,500.00 $1,582.00
$10,000,000 and greater $2,500.00 $2,637.00
For the purposes of determining the annual permit fee category, the annual operating budget shall be the entities' annual operating budget for the entities' previous fiscal year and shall be determined as follows:
(i) For diking, drainage, irrigation, and flood control districts, the district's annual operating budget.
(ii) For ports, the annual operating budget for the port district.
(iii) For colleges, schools, and universities, the portion of the operating budget related to plant or facilities operation and maintenance for the site or sites subject to the permit.
(iv) For state agencies, the annual operating budget for the site or sites subject to the permit.
(v) For other entities not listed, ecology will consider annual revenue, and the noncapital operating budget for the site subject to the permit.
(d) Municipal storm water permits written specifically for a single entity, such as a single city, county, or agency, issued after the effective date of this rule will have its annual fee determined in the following manner:
(i) For cities and counties listed in (a) of this subsection, the fee shall be five times the amount identified.
(ii) For cities and counties whose median household income exceeds the state average, the fee shall be the higher of either five times the otherwise applicable general permit fee or $30,000. For municipalities whose median household income is less than the state average, the fee shall be the higher of 2.5 times the otherwise applicable general permit fee or $15,000.
(iii) For entities that would otherwise be covered under a municipal storm water general permit as determined in (c) of this subsection, the fiscal year 2007 annual fee for a permit written for a specific entity shall be $7,500. For fiscal year 2008 and beyond, the annual fee will be $7,912.
(e) Ecology will assess a single permit fee for entities which apply only as co-permittees or co-applicants. The permit fee shall be equal to the highest single permit fee which would have been assessed if the co-permittees had applied separately.
[Statutory Authority: RCW 90.48.465. 06-12-028 (Order 05-17), § 173-224-040, filed 5/30/06, effective 6/30/06; 04-15-046, § 173-224-040, filed 7/13/04, effective 8/13/04. Statutory Authority: Chapter 90.48 RCW. 02-12-059, § 173-224-040, filed 5/30/02, effective 6/30/02; 00-13-010 (Order 00-06), § 173-224-040, filed 6/9/00, effective 7/10/00; 00-02-031 (Order 99-03), § 173-224-040, filed 12/28/99, effective 1/28/00; 98-03-046 (Order 97-27), § 173-224-040, filed 1/15/98, effective 2/15/98; 96-03-041 (Order 94-21), § 173-224-040, filed 1/10/96, effective 2/10/96; 94-10-027 (Order 93-08), § 173-224-040, filed 4/28/94, effective 5/29/94; 92-03-131 (Order 91-45), § 173-224-040, 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), § 173-224-040, filed 5/31/89 and 3/13/90, effective 4/13/90.]
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173-224-050
Permit fee computation and payments.
(1) The department shall charge permit fees based on the permit fee schedule contained in WAC 173-224-040. The department may charge fees at the beginning of the year to which they apply. The department shall notify permit holders of fee charges by mailing billing statements. Permit fees must be received by the department within forty-five days after the department mails a billing statement. The department may elect to bill permit holders a prorated portion of the annual fee on a monthly, quarterly, or other periodic basis.
(2) Permit fee computation for individual permits. Computation of permit fees shall begin on the first day of each fiscal year. In the case of facilities or activities not previously covered by permits, fee computation begins on the issuance date of the permit excluding permits issued for aquatic pest control. Permits issued for aquatic pest control fee category shall pay the full annual fee assessment regardless of when permit coverage is granted. In the case of applicants for state waste discharge permits who are deemed to have a temporary permit under RCW 90.48.200, computation shall begin on the sixty-first day after the department accepts a completed application. In the case of NPDES permit holders who submit a new, updated permit application containing information that could change their assigned permit fee, computation and permit fee category reassignment begins upon acceptance of the application by the department. Any facility that obtains permit coverage but fails to operate will still be obligated to pay the annual permit fee assessment until the permit has been terminated by the department. Permits terminated during the fiscal year will have their fees prorated, excluding permits issued for aquatic pest control, as follows unless it results in an annual fee assessment of less than one hundred dollars. Aquatic pest control permits issued during the fiscal year shall pay the full annual fee assessment regardless of when the permit termination is granted. Ecology will not process refunds of one hundred dollars or less:
(a) Permit coverage for up to three months will pay twenty-five percent of the annual permit fee;
(b) Permit coverage for three to six months will pay fifty percent of the annual permit fee;
(c) Permit coverage for six to nine months will pay seventy-five percent of the annual permit fee; and
(d) Permit coverage for nine months or greater will pay one hundred percent of the annual permit fee.
(3) Permit fee computation for general permits. Computation of fees for permittees covered under a general permit, excluding those general permits issued for aquatic pest control, begins on the permit coverage date. Permits issued for aquatic pest control will pay the full annual fee assessment regardless of when the permit coverage begins. Any facility that obtains permit coverage is obligated to pay the annual permit fee regardless of whether or not the facility has ever operated until the permit has been terminated by the department. Permits terminated during the fiscal year excluding permits issued for aquatic pest control will have their fees prorated as described in subsection (2)(a), (b), (c), (d) of this section unless it results in an annual fee assessment of less than one hundred dollars. Aquatic pest control permits issued during the fiscal year shall pay the annual fee assessment for that fiscal year regardless of when the permit termination is granted. Ecology will not process refunds of one hundred dollars or less.
(4) Permit fees for sand and gravel (aggregate) general permit holders will be assessed as in subsection (3) of this section and:
(a) Nonoperating aggregate sites. A facility conducting mining, screening, washing and/or crushing activities excluding portable rock crushing operations is considered nonoperating for fee purposes if they are conducting these activities for less than ninety cumulative days during a calendar year. A facility producing no asphalt and/or concrete during the calendar year is also considered nonoperating for fee purposes.
(b) Nonoperating sites that become active for only concrete and/or asphalt production will be assessed a prorated fee for the actual time inactive. For the actual time a concrete and/or asphalt facility is active excluding asphalt portable batch plants and concrete portable batch plants, fees will be based on total production of concrete and/or asphalt.
(c) Fees for continuously active sites that produce concrete and/or asphalt excluding asphalt portable batch plants and concrete portable batch plants, will be based on the average of the three previous calendar years production totals. Existing facilities must provide the department with the production totals for concrete and/or asphalt produced during the previous three calendar years or for the number of full calendar years of operation if less than three. New facilities with no historical asphalt and/or concrete production data will have their first year fee based on the production levels reported on the application for coverage under the 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 general permit. The second year fee will be determined based on the actual production during the first year and estimated production for the second year. The third year fee will be determined based on the average of actual production for the first two years and estimated for the third year. Fee calculation for subsequent years will be based on the average production values of previous years.
(d) Asphalt portable batch plants, concrete portable batch plants and portable rock crushing operations will be assessed fees as in subsection (3) of this section. Each permitted operation must commit to being shut down for a minimum of twelve calendar months before the status can be changed to nonoperating.
(5) Fees for crop preparation general permit holders will be assessed as in subsection (3) of this section and will be computed on the three previous calendar years production totals. Existing facilities must provide the department with the production totals in the manner described in WAC 173-224-040 (2)(d). New facilities with no historical production data will have their first year fee based on the estimated production level for that year. The second year fee will be determined based on the actual production during the first year and estimated production for the second year. The third year fee will be determined based on the average of actual production for the first two years and estimated for the third year. Fee calculation for subsequent years will be based on the average production values of previous years.
(6) Facilities with construction and industrial storm water general permit coverage will have their annual permit fees begin on the permit issuance date. Permit fee accrual will continue until the permit has been terminated by the department regardless if the activity covered under the permit has already ceased.
(7) Facilities with an existing NPDES and/or state wastewater discharge permit who also have obtained industrial and/or construction storm water general permit coverage shall only pay an annual fee based on the permit with the highest permit fee category assessment.
(8) Computation of fees shall end on the last day of the state's fiscal year, or in the case of a terminated permit, during the quarter the termination took place.
(9) The applicable permit fee shall be paid by check or money order payable to the "Department of Ecology" and mailed to the Wastewater Discharge Permit Fee Program, P.O. Box 5128, Lacey, Washington 98509-5128.
(10) In the event a check is returned due to insufficient funds, the department shall consider the permit fee to be unpaid.
(11) Delinquent accounts. Permit holders are considered delinquent in the payment of fees if the fees are not received by the first invoice billing due date. Delinquent accounts will be processed in the following manner:
(a) Municipal and government entities shall be notified by regular mail that they have forty-five days to bring the delinquent account up-to-date. Accounts that remain delinquent after forty-five days may receive a permit revocation letter for nonpayment of fees.
(b) Nonmunicipal or nongovernment permit holders shall be notified by the department by regular mail that they have forty-five days to bring the delinquent account up-to-date. Accounts that remain delinquent after forty-five days will be turned over for collection. In addition, a surcharge totaling twenty percent of the delinquent amount owed will also be added. The surcharge is to recover the costs for collection. If the collection agency fails to recover the delinquent fees after twelve months, the permit holder may receive a permit revocation letter for nonpayment of fees.
[Statutory Authority: RCW 90.48.465. 04-15-046, § 173-224-050, filed 7/13/04, effective 8/13/04. Statutory Authority: Chapter 90.48 RCW. 02-12-059, § 173-224-050, filed 5/30/02, effective 6/30/02; 00-02-031 (Order 99-03), § 173-224-050, filed 12/28/99, effective 1/28/00; 98-03-046 (Order 97-27), § 173-224-050, filed 1/15/98, effective 2/15/98; 96-03-041 (Order 94-21), § 173-224-050, filed 1/10/96, effective 2/10/96; 94-10-027 (Order 93-08), § 173-224-050, filed 4/28/94, effective 5/29/94; 92-03-131 (Order 91-45), § 173-224-050, 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), § 173-224-050, filed 5/31/89 and 3/13/90, effective 4/13/90.]
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173-224-060
Permits issued by other governmental agencies.
The department shall not charge permit fees for:
(1) Permits issued by a city, town, or municipal corporation under RCW 90.48.165;
(2) Permits issued by the energy facilities site evaluation council under RCW 80.50.071;
(3) Permits administered by the EPA under 33 U.S.C. 1251 et seq.
Nothing herein shall restrict the department from charging fees to recover administrative expenses of permits it issues under RCW 90.48.160 for discharges into municipal sewer systems, nor for charging fees to recover administrative expenses related to monitoring compliance with delegated pretreatment programs.
[Statutory Authority: Chapter 43.21A RCW. 89-12-027 and 90-07-015 (Order 89-8 and 89-8A), § 173-224-060, filed 5/31/89 and 3/13/90, effective 4/13/90.]
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173-224-080
Transfer of ownership or control.
The department shall charge permit fees from the permit holder on record with the department. In the event that ownership or control of a permitted facility or activity is transferred, it shall not be the responsibility of the department to transfer funds between a new and previous permit holder, and the department shall not refund fee charges prospectively in the event of a transfer. Fees paid by a previous permit holder shall be deemed to satisfy the corresponding fee payment requirements of a new permit holder. Agreements between a new and previous permit holder are not binding on the department.
[Statutory Authority: Chapter 43.21A RCW. 89-12-027 and 90-07-015 (Order 89-8 and 89-8A), § 173-224-080, filed 5/31/89 and 3/13/90, effective 4/13/90.]
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173-224-090
Small business fee reduction.
Except as noted in subsection (6) of this section, a small business required to pay a permit fee under an industrial facility category may receive a reduction of its permit fee.
(1) To qualify for the fee reduction, a business must:
(a) Be a corporation, partnership, sole proprietorship, or other legal entity formed for the purpose of making a profit;
(b) Be independently owned and operated from all other businesses (i.e., not a subsidiary of a parent company);
(c) Have annual sales of one million dollars or less of the goods or services produced using the processes regulated by the waste discharge permit; and
(d) Pay an annual wastewater discharge permit fee greater than five hundred dollars.
(2) To receive a fee reduction, the permit holder must submit an application in a manner prescribed by the department demonstrating that the conditions of subsection (1) of this section have been met. The application shall bear a certification of correctness and be signed:
(a) In the case of a corporation, by an authorized corporate officer;
(b) In the case of a limited partnership, by an authorized general partner;
(c) In the case of a general partnership, by an authorized partner; or
(d) In the case of a sole proprietorship, by the proprietor.
(3) The department may verify the information contained in the application and, if it determines that the permit holder has made false statements, may deny the fee reduction request and revoke previously granted fee reductions.
(4) The permit fee for small businesses determined to be eligible under subsection (1) of this section shall be reduced to fifty percent of the assessed annual permit fee.
(5) If the annual gross revenue of the goods and services produced using the processes regulated by the waste discharge permit is one hundred thousand dollars or less, and the annual permit fee assessed imposes an extreme hardship to the business, the small business may request an extreme hardship fee reduction. The small business must provide sufficient evidence to support its claim of an extreme hardship. In no case will a permit fee be reduced below one hundred dollars.
(6) Facilities covered under the industrial storm water general permit are not eligible for a small business fee reduction under this section.
[Statutory Authority: RCW 90.48.465. 04-15-046, § 173-224-090, filed 7/13/04, effective 8/13/04. Statutory Authority: Chapter 90.48 RCW. 96-03-041 (Order 94-21), § 173-224-090, filed 1/10/96, effective 2/10/96; 94-10-027 (Order 93-08), § 173-224-090, filed 4/28/94, effective 5/29/94; 92-03-131 (Order 91-45), § 173-224-090, 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), § 173-224-090, filed 5/31/89 and 3/13/90, effective 4/13/90.]
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173-224-100
Administrative appeals to the department.
Any person aggrieved by a determination made under this chapter by the department may file a written appeal to the department no later than each fiscal year's first billing due date for payment of fees. Such appeal shall state the reasons that the aggrieved person believes that the department's determination is contrary to the requirements of RCW 90.48.465, and specific actions that he/she is requesting that are consistent with those requirements. The department shall either issue a revised determination or a statement upholding the original determination. A revised determination shall be consistent with the requirements of RCW 90.48.465. Any person feeling aggrieved by the administrative appeals decision made by the department regarding their permit fee may obtain review thereof by filing an appeal with the Pollution Control Hearings Board, PO Box 40903, Olympia, Washington 98504-0903, within thirty days of receipt of the department's decision. In addition, a copy of the appeal must be served on the Department of Ecology, Attention: Water Quality Program, PO Box 47696, Olympia, Washington 98504-7696, within thirty days of receipt. These procedures are consistent with the provisions of chapter 43.21B RCW and the rules and regulations adopted thereunder.
[Statutory Authority: Chapter 90.48 RCW. 94-10-027 (Order 93-08), § 173-224-100, filed 4/28/94, effective 5/29/94; 92-03-131 (Order 91-45), § 173-224-100, 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), § 173-224-100, filed 5/31/89 and 3/13/90, effective 4/13/90.]
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173-224-110
Deposits.
The department shall deposit permit fee payments in the water quality permit account in the state treasury. Funds collected shall not be available for use by the department until appropriated by the legislature.
[Statutory Authority: Chapter 43.21A RCW. 89-12-027 and 90-07-015 (Order 89-8 and 89-8A), § 173-224-110, filed 5/31/89 and 3/13/90, effective 4/13/90.]
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173-224-120
Past due payments.
Any person who, by the effective date of this section, has not paid the fees and other amounts due under chapter 173-223 WAC shall continue to be obligated to pay such fees and amounts.
[Statutory Authority: Chapter 90.48 RCW. 92-03-131 (Order 91-45), § 173-224-120, 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), § 173-224-120, filed 5/31/89 and 3/13/90, effective 4/13/90.]