Section 173-360-500. Local delegation of underground storage tank programs.

(1) The department encourages the delegation of underground storage tank program responsibilities to a qualified city, town, or county.

(2) A city, town, or county may apply to the department for delegation of authority to enforce, within its jurisdictional boundaries, the state underground storage tank regulations included in part or all of WAC 173-360-100 through 173-360-399.

(3) A fire protection district or political subdivision may enter into an agreement under chapter 39.34 RCW with a city, town, or county to assume all or a portion of delegated program responsibilities. Department approval shall be obtained prior to the effective date of such agreement, and such agreement shall be part of the city, county, or town's agreement or contract with the department.

(4) A city, town, or county seeking delegation of underground storage tank program activities shall submit a written application to the department, describing the portions of the state program for which delegation is sought. The application shall contain the following:

(a) A description of the scope, structure, and procedures of the proposed program; and

(b) A description, including an organization chart, of the local agency which will operate the program, including:

(i) The number of employees, occupation and general duties of each employee who will carry out the activities of the program;

(ii) An estimate of the cost of establishing and administering the program, including the cost of personnel listed in (b)(i) of this subsection, as well as administrative and technical support.

(5) Within thirty days after receiving the application, the department will review the application for completeness and request any additional information needed in order for the application to be complete.

(6) The department will begin negotiating with the applicant within thirty days of receiving a complete application, in order to establish the following:

(a) The source and amount of funding available to meet the costs listed in subsection (4)(b)(ii) of this section, including any restrictions or limitation upon this funding;

(b) The applicable procedures, including any required permit procedures;

(c) Permit forms, application forms, and reporting forms that will be used in the program;

(d) The methods to be used to assure compliance and enforcement of the program; and

(e) The procedures to be used to coordinate information with the department, including the frequency of reporting and report content.

(7) After finalizing the items listed in subsection (6) of this section, the department will prepare and mail a written agreement or contract to the applicant, which outlines the terms and conditions under which the department will delegate the state underground storage tank program, or portions of the state program, to the applicant. The applicant must sign and return the agreement or contract to the department in order for the agreement or contract to become effective.

(8) In developing agreements or contracts with local governments, the department shall, if possible, provide for an appropriate distribution of resources collected under RCW 90.76.090, while still enabling the department to operate a state program.

[Statutory Authority: Chapter 90.76 RCW. WSR 90-24-017, § 173-360-500, filed 11/28/90, effective 12/29/90.]

Chapter 90.76 RCW. WSR 90-24-017, § 173-360-500, filed 11/28/90, effective 12/29/90.

Rules

173-360-100,173-360-399,