RCW 90.48.465
Water discharge fees—Report to the legislature.
(1) The department shall establish fees to collect expenses for issuing and administering each class of permits under RCW 90.48.160, 90.48.162, and 90.48.260. An initial fee schedule shall be established by rule and be adjusted no more often than once every two years. This fee schedule shall apply to all permits, regardless of date of issuance, and fees shall be assessed prospectively. All fees charged shall be based on factors relating to the complexity of permit issuance and compliance and may be based on pollutant loading and toxicity and be designed to encourage recycling and the reduction of the quantity of pollutants. Fees shall be established in amounts to fully recover and not to exceed expenses incurred by the department in processing permit applications and modifications, monitoring and evaluating compliance with permits, conducting inspections, securing laboratory analysis of samples taken during inspections, reviewing plans and documents directly related to operations of permittees, overseeing performance of delegated pretreatment programs, and supporting the overhead expenses that are directly related to these activities.
(2) The department shall ensure that indirect dischargers do not pay twice for the administrative expense of a permit. Accordingly, administrative expenses for permits issued by a municipality under RCW 90.48.165 are not recoverable by the department.
(3) In establishing fees, the department shall consider the economic impact of fees on small dischargers and the economic impact of fees on public entities required to obtain permits for stormwater runoff and shall provide appropriate adjustments.
(4) The fee for an individual permit issued for a dairy farm as defined under chapter 90.64 RCW shall be fifty cents per animal unit up to one thousand two hundred fourteen dollars for fiscal year 1999. The fee for a general permit issued for a dairy farm as defined under chapter 90.64 RCW shall be fifty cents per animal unit up to eight hundred fifty dollars for fiscal year 1999. Thereafter, these fees may rise in accordance with the fiscal growth factor as provided in chapter 43.135 RCW.
(5) The fee for a general permit or an individual permit developed solely as a result of the federal court of appeals decision in Headwaters, Inc. v. Talent Irrigation District, 243 F.3rd 526 (9th Cir. 2001) is limited, until June 30, 2003, to a maximum of three hundred dollars. Such a permit is required only, and as long as, the interpretation of this court decision is not overturned or modified by future court rulings, administrative rule making, or clarification of scope by the United States environmental protection agency or legislative action. In such a case the department shall take appropriate action to rescind or modify these permits.
(6) All fees collected under this section shall be deposited in the water quality permit account hereby created in the state treasury. Moneys in the account may be appropriated only for purposes of administering permits under RCW 90.46.220, 90.48.160, 90.48.162, and 90.48.260.
(7) The department shall present a biennial progress report on the use of moneys from the account to the legislature. The report will be due December 31st of odd-numbered years. The report shall consist of information on fees collected, actual expenses incurred, and anticipated expenses for the current and following fiscal years.
[ 2022 c 227 § 1. Prior: 2009 c 456 § 6; 2009 c 249 § 1; 2002 c 361 § 2; 1998 c 262 § 16; 1997 c 398 § 2; 1996 c 37 § 3; 1992 c 174 § 17; 1991 c 307 § 1; 1989 c 2 § 13 (Initiative Measure No. 97, approved November 8, 1988).]
NOTES:
Findings—Intent—2002 c 361: "The legislature finds that the recent federal court of appeals decision in Headwaters, Inc. v. Talent Irrigation District, 243 F.3rd 526 (9th Cir. 2001) imposes a duty to obtain a national pollutant discharge elimination system permit under the clean water act for the application of pesticides to irrigation canals. This duty is also extended to other individuals and organizations that apply pesticides to other waters, where no duty existed before the Talent decision.
The legislature finds that the costs associated with the issuance of the national pollutant discharge elimination system permit now required by the department of ecology as a result of the federal decision is burdensome to the affected individuals and organizations. The legislature intends to temporarily reduce the burden of the federal decision on those individuals and organizations." [ 2002 c 361 § 1.]
Effective date—2002 c 361: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 4, 2002]." [ 2002 c 361 § 3.]
Effective date—1998 c 262: See RCW 90.64.900.
Short title—Captions—Construction—Existing agreements—Effective date—1989 c 2: See RCW 70A.305.900 through 70A.305.904, respectively.
Structure Revised Code of Washington
Title 90 - Water Rights—Environment
Chapter 90.48 - Water Pollution Control.
90.48.010 - Policy enunciated.
90.48.030 - Jurisdiction of department.
90.48.035 - Rule-making authority.
90.48.037 - Authority of department to bring enforcement actions.
90.48.039 - Hazardous substance remedial actions—Procedural requirements not applicable.
90.48.045 - Environmental excellence program agreements—Effect on chapter.
90.48.080 - Discharge of polluting matter in waters prohibited.
90.48.090 - Right of entry—Special inspection requirements for metals mining and milling operations.
90.48.100 - Request for assistance.
90.48.112 - Plan evaluation—Consideration of reclaimed water.
90.48.144 - Violations—Civil penalty—Procedure.
90.48.150 - Construction of chapter.
90.48.153 - Cooperation with federal government—Federal funds.
90.48.156 - Cooperation with other states and provinces—Interstate and state-provincial projects.
90.48.158 - Grants to public bodies authorized.
90.48.160 - Waste disposal permit—Required—Exemptions.
90.48.162 - Waste disposal permits required of counties, municipalities and public corporations.
90.48.215 - Upland finfish facilities—Waste discharge standards—Waste disposal permit.
90.48.230 - Application of administrative procedure law to rule making and adjudicative proceedings.
90.48.240 - Water pollution orders for conditions requiring immediate action—Appeal.
90.48.250 - Agreements or contracts to monitor waters and effluent discharge.
90.48.261 - Exercise of powers under RCW 90.48.260—Aquatic resource mitigation.
90.48.262 - Implementation of RCW 90.48.260—Permits for energy facilities—Rules and procedures.
90.48.270 - Sewage drainage basins—Authority of department to delineate and establish.
90.48.280 - Sewage drainage basins—Comprehensive plans for sewage drainage basins.
90.48.310 - Application of barley straw to waters of the state.
90.48.364 - Discharge of oil into waters of the state—Definitions.
90.48.366 - Discharge of oil into waters of the state—Compensation schedule.
90.48.367 - Discharge of oil into waters of the state—Assessment of compensation.
90.48.368 - Discharge of oil into waters of the state—Preassessment screening.
90.48.386 - Department of natural resources leases.
90.48.390 - Coastal protection fund—Established—Moneys credited to—Use.
90.48.400 - Coastal protection fund—Disbursal of moneys from.
90.48.422 - Water quality standards—Compliance methods—Department authority.
90.48.430 - Watershed restoration projects—Approval process—Waiver of public review.
90.48.445 - Aquatic noxious weed control—Water quality permits—Definition.
90.48.448 - Eurasian water milfoil—Pesticide 2,4-D application.
90.48.465 - Water discharge fees—Report to the legislature.
90.48.467 - Report to the legislature—Required information.
90.48.480 - Reduction of sewer overflows—Plans—Compliance schedule.
90.48.490 - Sewage treatment facilities—Plans to upgrade or construct.
90.48.495 - Water conservation measures to be considered in sewer plans.
90.48.530 - Construction projects involving fill material—Leaching test.
90.48.531 - Leaching tests—Identification—Report to the legislature.
90.48.540 - Use attainability analysis of water within federal reclamation project boundaries—Rules.
90.48.570 - Water quality data—Findings—Intent.
90.48.575 - Water quality data—Definitions.
90.48.580 - Water quality data—Credible data, information, literature.
90.48.585 - Water quality data—When credible.
90.48.590 - Water quality data—Falsified data—Penalty.
90.48.595 - On-site sewage disposal system repair and replacement—Loan and grant programs.
90.48.615 - Motorized or gravity siphon aquatic mining—Prohibited acts.