WSR 11-22-056 PROPOSED RULES
DEPARTMENT OF ECOLOGY [ Order 10-09 -- Filed October 31, 2011, 11:05 a.m. ] Original Notice.
Preproposal statement of inquiry was filed as WSR 11-17-113.
Title of Rule and Other Identifying Information: Dam safety, chapter 173-175 WAC, the rule provides for the comprehensive regulation and supervision of dams in order to secure safety to life and property, including:
? Designates the types of dams the rule applies to. ? Provides for the design, construction, operation, maintenance, and supervision of dams consistent with accepted engineering practice. ? Establishes a fee schedule based on dam size for the engineering review of plans and specifications and the inspection of dam construction. ? Establishes requirements for planning and implementation for dam operation and maintenance, owner inspection, and emergency actions. ? Establishes a program for periodic safety inspection of existing dams and fee schedule based on downstream hazard classification. Hearing Location(s): Department of Ecology Regional Offices: SWRO, 300 Desmond Drive S.E., Lacey, WA 98503, on December 7, 2011, at 6:00 p.m.; and at the CRO, 15 West Yakima Avenue, Suite 200, Yakima, WA 98902, on December 8, 2011, at 6:00 p.m.
Date of Intended Adoption: December 23, 2011.
Submit Written Comments to: Ben Bonkowski, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, e-mail bbon461@ecy.wa.gov, fax (360) 407-6574, by 5:00 p.m., December 16, 2011.
Assistance for Persons with Disabilities: Contact Barbara Anderson at (360) 407-6607, by December 1, 2011, TTY 771 or 1-877-833-6341.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This amendment will increase fees for the engineering review of dam construction plans and for periodic safety inspections to better reflect the actual cost of providing these services, and update the mailing address for submitting fees.
Reasons Supporting Proposal: Fees set in the current rule do not collect sufficient revenue to offset costs per RCW 90.03.470. Furthermore, the legislature authorized the department of ecology (ecology) to increase dam safety fees by up to thirty-five percent in fiscal year (FY) 2012 and up to 4.62 percent in FY 2013 as necessary to meet the actual costs of conducting business (2ESHB 1087.SL). Based on this proviso, the office of financial management directed ecology to increase collected fees to recoup actual costs.
Statutory Authority for Adoption: Chapters 43.21A, 43.27A, 86.16, 90.03, 90.28, and 90.54 RCW. RCW 43.135.055 requires a majority vote of the legislature to raise or add fees. The 2011 legislature authorized ecology in section 302(2) of 2ESHB 1087.SL to increase dam safety fees by up to thirty-five percent in FY 2012, and 4.62 percent in FY 2013 as necessary to recover costs.
Statute Being Implemented: Section 302(2) of 2ESHB 1087.SL and RCW 90.03.470.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of ecology, governmental.
Name of Agency Personnel Responsible for Drafting: Rebecca Inman, 300 Desmond Drive, Lacey, WA 98503, (360) 407-6450; Implementation and Enforcement: Jerald LaVassar, 300 Desmond Drive, Lacey, WA 98503, (360) 407-6625.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Small Business Economic Impact Statement
Executive Summary: Ecology is proposing to amend chapter 173-175 WAC, Water resource program for dam safety. The key elements of the proposed rule amendment include:
? Changing construction permit fees and periodic inspection fees. ? Removing the fiscal growth factor with annual fee escalation. ? Updating the mailing address for fee payments.
This small business economic impact statement (SBEIS) evaluates the various requirements and costs that the proposed rule might impose on businesses. In particular, the SBEIS examines whether the costs on businesses from the proposed rule amendment impose a disproportionate impact on the state's small businesses.The proposed plan review and construction inspections fees for new dams and modifications vary based on dam height and crest length. If a small company and a large company both build the same size dam, then the impact is likely disproportionate when measured as a percentage of employees and or revenue. For example, if a small firm and a large firm both build an intermediate dam with equivalent fees, then that fee is a larger percentage of the small firm's revenue and ratio of employees. The relative size and revenue of large firms provides them with a scale advantage. The potential for a disproportionate impact would only disappear if larger companies generally built sufficiently larger dams than small companies.
The proposed fees for periodic inspections vary by the level of downstream hazard risk posed by the dams. They are based on three hazard categories. Low hazard dams are not subject to periodic inspection fees, while high hazard dams pay higher periodic inspection fees than significant hazard dams. If a small business owns a low hazard dam there will be no disproportionate effect since a small and large business owning such a dam would not be subject to the payments. If a small business owns a high or significant hazard dam, they could be subject to disproportionate impacts compared to large businesses.
Ecology has determined there will be disproportionate impacts to small versus large businesses. Ecology does not believe the proposed fee increases will cause businesses to lose sales or revenues. Although the fee increases do not "meet the actual costs of conducting business" for dam safety and inspections as described by RCW 90.03.470 and 2ESHB 1087, they represent the closest ecology is able to come when faced with the limitations of thirty-five percent increases in FY 2012 and 4.62 percent in FY 2013 set forth in the bill.
Ecology is developing and issuing this SBEIS as part of its rule adoption process and to meet chapter 19.85 RCW. Ecology intends to use the information in the SBEIS to ensure that the proposed rules are consistent with legislative policy.
Purpose of this Document: Ecology is proposing to amend chapter 173-175 WAC, Water resource program for dam safety.
The objective of this SBEIS is to identify and evaluate the various requirements and costs that the proposed rules might impose on businesses. In particular, the SBEIS examines whether the costs on businesses from the proposed rules impose a disproportionate impact on the state's small businesses. RCW 19.85.040 describes the specific purpose and required contents of an SBEIS.1
Ecology is developing and issuing this SBEIS as part of its rule adoption process and to meet chapter 19.85 RCW. Ecology intends to use the information in the SBEIS to ensure that the proposed rule is consistent with legislative policy.
Introduction: The key elements of the proposed rule amendment include:
? Changing construction permit fees and periodic inspection fees. ? Removing fiscal growth factor with annual fee escalation. ? Updating the mailing address for fee payments.
The amendments to chapter 173-175 WAC, Dam safety, are driven by legislative instructions in the operating budget for FYs 2012 and 2013. Fee increases authorized by 2ESHB 1087 are not sufficient to cover program costs. The 2012-2013 Washington state budget authorizes ecology to increase fees for dam safety and inspection to meet the actual costs of conducting business, but not more than thirty-five percent in FY 2012 and 4.62 percent in FY 2013.Ecology has chosen to do rule making to implement the thirty-five percent and 4.62 percent increases.
Analysis of Compliance Costs for Washington Businesses: We have assessed the proposed rule amendment's impact by analyzing and comparing dam safety management under the proposed rule in contrast to current practices. The current framework or "baseline" includes the current chapter 173-175 WAC and legislative directives. The amendments to chapter 173-175 WAC that ecology is proposing are in response to these legislative directives [in] 2ESHB 1087.
Chapter 50, Laws of 2011 1st sp. sess.
2011-2013 OPERATING BUDGET
(2) Pursuant to RCW 43.135.055, the department is authorized to increase the following fees as necessary to meet the actual costs of conducting business and the appropriation levels in this section: Wastewater discharge permit, not more than 4.34 percent in FY 2012 and 4.62 percent in FY 2013; biosolids permit fee, not more than ten percent during the biennium; and air contaminate source registration fee, not more than thirty-six percent during the biennium; and dam safety and inspection fees, not more than thirty-five percent in FY 2012 and 4.62 percent in FY 2013.
Process and procedure requirement language is unchanged except for the correction of the mailing address for submitting fee payments. The amendment also removes the use of a fiscal growth factor for annual fee escalation. This discussion focuses on rule changes regarding fee increases proposed in response to the legislative directives described here.
We provide a brief description of compliance requirements below. You can find further details of existing practices and the proposed rule in Appendix A.
Defining the Regulated Community: Ecology's inventory of dams potentially subject to this rule includes over one thousand dams. Approximately three hundred eighty are currently subject to periodic inspection fees. Some of the activities covered by this analysis are done by both the private and public sector. The public entities from within the electric utilities, water purveyors, irrigation districts, solid waste facilities, and the like are not subject to this analysis. Removing these cut the size of the list approximately in half. Ecology used the remainder to develop a set of illustrative entities for this discussion.
The remaining dam operations were reviewed by program and agency staff in order to identify the economic sector (standard industrial classification or SIC) into which these fell. (See "The SIC codes of Potentially Impacted Industries" section below.) In some cases, this could be done with reasonable confidence. In others, best judgment estimates were made. Some could not be identified.
Businesses use dams for a range of uses, from basic agriculture to recreation. The sectors included below are represented at least once in the ecology dam inventory. Not every industry having at least one dam that comes under this rule is included here. In some cases, data limitations prevented inclusion of industries. However, this list indicates the range of uses to which the dams or reservoirs might be put. Readers whose industry of interest is not included on this list should be able to find another industry performing comparable work.
Impacts to Businesses Operating Dams: The direct impact of the proposed rule is that businesses subject to these fees will be required to pay higher fees for periodic inspections of dams and plan review and inspections for newly constructed dams and modifications.
Periodic Inspection Fees: For periodic inspections high hazard dams will pay an additional $352 in fees annually under the proposed rule. Significant hazard dams will pay an additional $256 annually under the proposed rule. Existing low hazard dams pay no periodic inspection fees and will remain unchanged.
Table 1. Periodic Inspection Fees
Hazard Class Current Annual Proposed 35% and 4.62% Combined Beginning with July 2012 Bill (FY 2013)
High 3 > Homes Downstream
$856 $1,208 Significant 1-2 Homes Downstream
$625 $881 Low $0 $0
New Construction and Modification Plan Review and Inspection Fees: For plan review and inspections of new construction or modifications, small dams will pay an additional $3,510 in fees under the proposed rule. Owners of an intermediate size dam would pay an additional $7,940 under the proposed rule and owners of a large dam an additional $14,284 after both fee increases take effect.
Table 2. New Construction and Modification Review Fees
Size Current 35% Increase FY 2012 4.62% Increase FY 2013 Small <15 feet=""> $8,511 $11,490 $12,021 Assume 14 feet high, 800 feet long (Circle Fruit Koehn Ranch Reservoir) Intermediate >15 < 50="" feet="">
Assume 26 feet high, 2200 feet long (SVID MP 37.1 Regulation Reservoir)$19,255 $25,994 $27,195 Large >50 Feet High
Assume 60 feet high, 500 feet long, (Pend Oreille Mine, NE Tailings Dam)$34,638 $46,761 $48,922
Impacts to Businesses Dependant on Dam Safety Program: Fees for plan review and construction inspections for new dams and modifications vary based on dam height and crest length. If a small company and a large company both build the same size dam, then the impact is likely disproportionate when measured as a percentage of employees and or revenue. For example, if a small firm and a large firm both build an intermediate dam with equivalent fees, then that fee is a larger percentage of the small firm's revenue and ratio of employees. The relative size and revenue of large firms provides them with a scale advantage. The potential for a disproportionate impact would only disappear if larger companies generally built sufficiently larger dams than small companies.The proposed fees for periodic inspections vary by the level of downstream hazard risk posed by the dams. They are based on three hazard categories. Low hazard dam[s] are not subject to periodic inspection fees, while high hazard dams pay higher periodic inspection fees than significant hazard dams. If a small business owns a low hazard dam there will be no disproportionate effect since a small and large business owning such a dam would not be subject to the payments. If a small business owns a high or significant hazard dam, they could be subject to disproportionate impacts compared to large businesses.
Reporting and Recordkeeping: The proposed rule amendment adds no additional reporting or recordkeeping requirements for small businesses.
Additional Professional Services: Ecology anticipates no additional professional services under the proposed rule.
Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: We expect no additional equipment, supplies, labor, or administrative costs from the proposed rule.
Other Compliance Requirements: We expect no other compliance requirements from the proposed rule.
Quantification of Costs and Ratios: It is the purpose of this section to evaluate whether:
? Compliance with the proposed rule will cause businesses to lose sales or revenue. ? The proposed rule will have a disproportionate impact on small businesses.
Known Costs: Businesses will pay additional fees for periodic inspection of existing high and significant hazard dams and for the review and inspection of new construction and modifications. See Section above: "Impacts to Businesses Operating Dams" for details.Periodic Inspection Fees: For periodic inspections, owners of high hazard dams will pay an additional $352 in fees annually under the proposed rule. Owners of significant hazard dams will pay an additional $256 annually under the proposed rule. Existing low hazard dams pay no periodic inspection fees and will remain unchanged.
Fees for Plan Review and Inspection of New Construction and Modifications: For plan review and construction inspections of new construction or modifications, owners constructing small dams will pay an additional $3,510 in fees under the proposed rule. Owners constructing intermediate size dams will pay an additional $7,940 under the proposed rule. Fees for constructing large dams will increase $14,284 after both fee increases take effect.
Will complying with the proposed rule cause businesses to lose sales or revenue? Ecology does not anticipate any lost sales or revenue under the proposed rule for businesses.
Will the proposed rule have a disproportionate impact on small businesses? As stated above, a disproportionate impact can occur when small firms build or modify dams. In many cases, the fees prescribed under the revised rule would be expected to be small relative to the number of employees or revenue estimated for many typical firms in these sectors; i.e., smaller projects are correlated with smaller businesses. On the other hand, relatively small businesses (as measured by employment) may choose to undertake larger projects at higher costs based on an economic/financial analysis of the effects upon their activity. Similarly, disproportionate impact can occur when small firms own significant or high hazard dams and are required to pay the same periodic annual inspection fees as large firms owning high hazard or significant dams.
Table 5 describes the industries that will be potentially affected by the rule. Some industries will be affected more or less by the rule depending on which businesses have or will build dams required to comply with the proposed rule. In order to calculate if disproportionalities exist, ecology has chosen sawmills (Industry 3211) as a representative industry for this analysis. There are fifty-three businesses in Washington state in industry 3211 (sawmills). Ecology will also use cost per employee to describe impacts on small businesses versus the top ten percent largest businesses required to comply with the proposed rule.
Table 3. Proportional Periodic Inspection Costs to Businesses (Sawmills 3211)
Average # of Employees Cost Per Employee Fee Schedule Fee Increase Small Business 10% Largest Business Small Business 10% Largest Business High Hazard $352 6 175 $59 $2 Significant Hazard $256 6 175 $43 $1 Low Hazard $0 6 175 $0 $0
The estimated increased cost per employee for a high hazard small business is $59, and for the top ten percent of high hazard large business is $2. The estimated increased cost per employee for significant hazard small business is $43, and for the top ten percent of significant hazard large business is $2. Low hazard dam owners would be unchanged.
Table 4. Proportional New Construction Costs to Businesses (Sawmills 3211)
Average # of Employees Cost Per Employee Fee Schedule Fee Increase Small Business 10% Largest Business Small Business 10% Largest Business Small Dam $3,510 6 175 $585 $20 Intermediate Dam $7,940 6 175 $1323 $45 Large Dam $14,284 6 175 $2381 $82
In these examples, for both periodic inspections and new construction, the data suggests that the impacts of the proposed rule will impose disproportionate costs to small businesses under a large range of scenarios.Conclusions: Ecology has determined there will be disproportionate impacts to small versus large businesses. Ecology does not believe the proposed fee increases will cause businesses to lose sales or revenues. Although the fee increases do not "meet the actual costs of conducting business" for dam safety and inspections as described by RCW 90.03.470 and 2ESHB 1087, they represent the closest ecology is able to come when faced with the limitations of thirty-five percent increases in FY 2012 and 4.62 percent in FY 2013 set forth in the bill.
Actions Taken to Reduce the Impact of the Rules on Small Business: Given that the department has found a disproportionate impact, mitigation is required where legal and feasible. The proposed changes to chapter 173-175 WAC are responses to legislative directives as reflected in the budget notes cited above. The directives are to develop fee systems adequate to fund the department's activities related periodic safety inspections and the review of plans and construction for new projects and modifications of existing projects. These directives are sufficiently explicit that only limited mitigative modifications are feasible. The department has provided the following cost minimizing features:
This rule amendment relies on provisions in the current rule and statute to reduce costs of the rule on small businesses.
? Very small dams (under ten acre-feet capacity) are not subject to this regulation including fees. ? Low hazard dams are not subject to periodic inspections or related fees. ? There are free inspections (no fees) for significant and high hazard dams for the first ten years after review and construction. ? High hazard dams pay lower inspection fee from year eleven through year twenty after construction equal to the lower significant hazard dam periodic inspection fee. ? The fee schedule for planning and construction of new dams is based on size. Smaller dams pay lower fees even though they typically require more assistance from the dam safety office.
Small Business Involvement in Developing the Proposed Amendment: The dam safety office manager made a presentation to the water resource advisory committee (WRAC). A number of small business-related groups are members of the WRAC, such as the Small Business Association of Washington, the Washington Farm Bureau, the Washington Dairy Federation, the Association of Washington Business, the NW Food Processors Association, the Building Industry Association of Washington, the Pacific Coast Federation of Fishermen's Associations, and others.The SIC Codes of Potentially Impacted Industries: There are currently more than one thousand dams potentially subject to this rule amendment, about three hundred of them required to pay the periodic inspection fees. Some of the activities covered by this analysis are done by both the private and public sector. The department removed the public entities such as electric utilities, water purveyors, irrigation districts, solid waste facilities and the like, which are not subject to this analysis. Removing these cut the size of the list approximately in half. The remainder was used to develop a set of illustrative entities for this discussion.
The remaining dam operations were reviewed by program and agency staff in order to identify the economic sector (SIC) into which these fell. In some cases, this could be done with reasonable confidence. In others, best judgment estimates were made. Some could not be identified.
Businesses use dams for a range of uses, from basic agriculture to recreation. The sectors listed below are represented at least once in the ecology dam inventory. Not every industry having at least one dam that comes under this rule is included here. In some cases, data limitations prevented inclusion of industries. However, this list provides indication of the range of uses to which the dams or reservoirs might be put. Readers whose industry of interest is not included on this list should be able to find another industry performing comparable work.
Disproportionate impacts can occur when small firms build large dams. In many cases, the fees implied by the revised rule would be expected to be small relative to the revenue estimated for many typical firms in these sectors; i.e., smaller projects are correlated with smaller businesses. On the other hand, relatively small businesses (as measured by employment) may choose to undertake larger projects at higher costs based on an economic/financial analysis of the effects upon their activity. In short, it has been assumed that the magnitudes and ranges of impacts displayed here are generally representative of a larger scope, and that the results here might be usable on a broader basis.
Table 5. Industries Potentially Affected by the Proposed Rule Amendment (North American Industry Classification System2)
Industry Type NAICS# Crop production 111 Animal production 112 Forestry and logging 113 Fishing and hunting 114 Mining 212 Residential building construction 2361 Food processing 311 Real estate property managers 53131 Offices of bank holding companies 551111 Waste treatment and disposal 56221 Technical and trade schools 61151 Nature parks and similar institutions 712190 Golf courses and country clubs 713910 Hotels and motels 721110 RV parks and recreational camps 7212 Religious organizations 813110 Environment, conservation, and wildlife organizations 813312 Civic and social organizations 813410 Sawmills 3211 Pulp, paper, and paperboard mills 3221 Petroleum and coal product manufacturing 3241 Basic chemical manufacturing 3251 Glass and glass product manufacturing 3272 Aluminum production 3313 Software reproduction 334611 Aircraft manufacturing 336411
Expected Jobs Created or Lost/Impacts on Jobs: Ecology does not expect any jobs will be lost or created as a result of the proposed fee increase.
1Due to size limits for filing documents with the code reviser, the SBEIS does not contain the appendices that further explain ecology's analysis. Nor does it contain the raw data used in this analysis, or all of ecology's analysis of this data. However, the rule-making file contains this information and it is available upon request.2Ecology has used NAICS codes rather than SIC codes. It is a comparable system, used at the federal and state level, and has replaced SIC codes in common use.
A copy of the statement may be obtained by contacting Water Resources Program Publications, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6872, fax (360) 407-7162, e-mail WRPublications@ecy.wa.gov.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Water Resources Program Publications, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6872, fax (360) 407-7162, e-mail WRPublications@ecy.wa.gov.
October 28, 2011
Polly Zehm
Deputy Director
OTS-4281.1
AMENDATORY SECTION(Amending Order 03-08, filed 8/4/04, effective 9/4/04)
WAC 173-175-360 Construction permit fees for new project construction. (1) Fees for the review of plans and specifications and for construction inspection for new project construction shall be the amounts shown in Table 4A through June 30, 2012, and as shown in Table 4B thereafter, as ((adjusted by the fiscal growth factor, and)) determined by the nearest values of dam height and crest length, in feet, which correspond to the project's planned dam height and crest length.(2) ((
The fees in Table 4 are automatically adjusted annually on July 1st by the fiscal growth factor as calculated under chapter 43.135 RCW. After July 1st of each year, the department shall publish the adjusted fees by providing notice on its internet site and by providing written notification by mail or electronic mail to permit applicants.(3))) Fees for the review of plans and specifications and for construction inspection for new dairy waste impoundments, and conservation dams, shall be ((
in the amount of one thousand four hundred dollars)) one thousand eight hundred ninety dollars through June 30, 2012, and one thousand nine hundred seventy-seven dollars thereafter, provided the project meets the following requirements:(a) The facility has a low downstream hazard classification;
(b) The maximum embankment height is less than fifteen feet;
(c) The facility conforms with a set of standard plans and specifications prepared by the Natural Resource Conservation Service (NRCS) and approved by the department; and
(d) The NRCS or its designee provides periodic oversight of construction to ensure that the facility conforms to the standard plans.
If the project fails to meet any of the above requirements, the standard fees as described under subsection (1) of this section shall apply.
TABLE 4A. CONSTRUCTION PERMIT FEES For use through June 30, 2012
Dam Height (ft) Crest Length (ft) 50 100 150 200 250 300 350 400 500 600 700 800 1000 1500 2000 4000 400 74451 83068 86270 88200 89756 90979 92016 92911 94181 94181 94181 94181 94181 94181 94181 94181 300 64420 76381 81561 84245 85893 87118 88155 89095 90602 91827 92863 93804 94181 94181 94181 94181 250 57215 71107 77087 80950 82975 84669 85753 86647 88155 89425 90462 91357 92863 94181 94181 94181 200 47561 62442 70636 74827 78217 80666 82032 83304 85187 86412 87447 88389 89896 92627 94181 94181 180 42052 58251 66351 71813 75062 77841 80195 81373 83444 85045 86082 86976 88484 91262 93193 94181 160 36401 53636 61877 67528 71720 74356 76663 78736 81326 82975 84434 85422 86930 89708 91639 94181 150 33670 51046 59287 64984 69553 72520 74780 76805 80195 81843 83257 84528 86082 88861 90791 94181 140 30939 47467 56509 62395 66775 70588 72802 74780 78171 80619 82032 83257 85187 87918 89896 94181 130 28301 43606 53684 59428 63902 67528 70730 72661 75957 78736 80713 81938 83963 86930 88908 93617 120 25664 39556 50245 56273 60889 64420 67528 70306 73603 76334 78736 80478 82551 85893 87824 92534 110 23074 35600 45866 52978 57357 61171 64138 66775 71201 73838 76146 78171 80995 84763 86694 91403 100 20579 31739 40875 48504 53684 57310 60512 63148 67575 71154 73368 75346 78783 83020 85422 90132 95 19354 29808 38426 45960 51846 55285 58440 61265 65550 69318 71955 73885 77229 82080 84763 89472 90 18130 27924 35977 43040 49021 53307 56273 59004 63525 67151 70353 72331 75628 81137 83775 86270 85 16906 26041 33575 40169 46149 50953 54108 56744 61406 64891 68046 70777 73980 80149 81561 81561 80 15728 24204 31221 67343 42947 47844 51894 54437 58911 62630 65645 68376 72284 76852 76852 76852 75 14551 22415 28867 34565 39745 44548 48597 52083 56367 60183 63196 65832 70448 72144 72144 72144 70 13374 20625 26559 31787 36590 40969 45112 48597 53778 57403 60605 63243 67433 67433 67433 67433 65 12243 18883 24298 29101 33434 37484 41299 44878 50764 54531 57639 60417 62725 62725 62725 62725 60 11113 17140 22086 26418 30373 34047 37531 40780 46761 51564 54579 57215 58016 58016 58016 58016 55 10030 15445 19919 23827 27406 30703 33810 36730 42240 47137 51235 53307 53307 53307 53307 53307 50 8947 13797 17753 21285 24440 27406 30186 32775 37720 42240 46431 48597 48597 48597 48597 48597 46 8100 12479 16105 19260 22133 24817 27313 29714 34141 38237 42147 44830 44830 44830 44830 44830 42 7252 11207 14457 17282 19872 22273 24534 26653 30655 34329 37813 41062 41062 41062 41062 41062 38 6451 9936 12808 15352 17659 19778 21802 23687 27218 30515 33575 36543 37296 37296 37296 37296 34 5651 8758 11254 13467 15492 17377 19118 20767 23874 26747 29478 32022 33528 33528 33528 33528 30 4897 7534 9701 11631 13374 14975 16482 17941 20625 23121 25428 27642 29762 29762 29762 29762 28 4521 6970 8947 10736 12337 13844 15210 16529 19024 21332 23450 25523 27877 27877 27877 27877 26 4144 6404 8240 9841 11302 12667 13938 15163 17423 19542 21520 23403 25994 25994 25994 25994 24 3861 5792 7487 8947 10312 11537 12714 13844 15916 17799 19637 21332 24111 24111 24111 24111 22 3626 5274 6781 8100 9324 10454 11489 12526 14362 16105 17753 19260 22180 22226 22226 22226 20 3343 4708 6075 7252 8334 9371 10312 11207 12856 14457 15869 17282 19872 20343 20343 20343 18 3107 4191 5368 6451 7393 8287 9135 9936 11396 12808 14080 15304 17612 18459 18459 18459 16 2872 3767 4708 5651 6451 7252 8005 8664 9983 11160 12337 13374 15398 16576 16576 16576 15 2778 3626 4379 5227 6027 6733 7439 8052 9277 10407 11442 12432 14315 15634 15634 15634 14 2683 3437 4050 4850 5556 6215 6875 7439 8571 9606 10596 11489 13232 14692 14692 14692 13 2590 3249 3813 4473 5132 5745 6309 6875 7911 8853 9748 10596 12150 13751 13751 13751 12 2543 3060 3626 4097 4708 5227 5792 6262 7204 8100 8900 9701 11113 12808 12808 12808 11 2496 2920 3391 3813 4284 4756 5227 5698 6546 7346 8100 8806 10125 11866 11866 11866 10 2448 2778 3154 3578 3908 4284 4708 5132 5886 6593 7299 7911 9088 10925 10925 10925 9 2401 2636 2967 3296 3626 3908 4237 4568 5274 5886 6498 7063 8100 9983 9983 9983 8 2354 2543 2778 3013 3343 3578 3813 4050 4614 5179 5698 6215 7110 9040 9040 9040 7 2354 2448 2590 2825 3013 3249 3484 3673 4002 4473 4945 5368 6169 7958 8100 8100 6 2354 2401 2496 2636 2778 2967 3107 3296 3626 3861 4191 4568 5227 6733 7157 7157 5 2354 2354 2401 2496 2590 2683 2825 2920 3202 3437 3673 3861 4332 5556 6215 6215
TABLE 4B. CONSTRUCTION PERMIT FEES For use beginning July 1, 2012
Dam Height (ft) Crest Length (ft) 50 100 150 200 250 300 350 400 500 600 700 800 1000 1500 2000 4000 400 77890 86905 90255 92274 93902 95182 96267 97203 98532 98532 98532 98532 98532 98532 98532 98532 300 67396 79909 85329 88137 89861 91142 92227 93211 94787 96069 97153 98137 98532 98532 98532 98532 250 59858 74392 80648 84689 86808 88580 89714 90650 92227 93556 94641 95577 97153 98532 98532 98532 200 49758 65326 73899 78284 81830 84392 85821 87152 89122 90404 91487 92472 94049 96906 98532 98532 180 43994 60942 69416 75130 78529 81437 83900 85132 87299 88974 90058 90994 92571 95478 97498 98532 160 38082 56113 64735 70647 75033 77791 80204 82373 85083 86808 88334 89368 90946 93852 95872 98532 150 35225 53404 62026 67986 72766 75870 78234 80353 83900 85624 87103 88433 90058 92966 94985 98532 140 32368 49659 59119 65277 69860 73849 76165 78234 81782 84343 85821 87103 89122 91979 94049 98532 130 29608 45620 56164 62173 66854 70647 73997 76017 79466 82373 84441 85723 87842 90946 93015 97942 120 26849 41383 52566 58872 63702 67396 70647 73554 77003 79860 82373 84196 86364 89861 91881 96809 110 24140 37244 47985 55425 60006 63997 67101 69860 74490 77249 79663 81782 84736 88679 90699 95625 100 21529 33205 42763 50744 56164 59957 63307 66065 70696 74441 76757 78826 82422 86855 89368 94296 95 20248 31185 40201 48083 54241 57839 61139 64095 68578 72520 75279 77298 80796 85872 88679 93605 90 18967 29214 37639 45028 51285 55769 58872 61729 66459 70253 73603 75672 79122 84885 87645 90255 85 17687 27244 35126 42024 48281 53307 56607 59365 64242 67888 71189 74046 77397 83851 85329 85329 80 16454 25322 32663 70454 44931 50054 54291 56951 61632 65523 68677 71534 75623 80402 80402 80402 75 15223 23450 30200 36161 41581 46606 50842 54489 58971 62963 66115 68873 73702 75477 75477 75477 70 13991 21577 27786 33255 38280 42861 47196 50842 56262 60055 63404 66164 70548 70548 70548 70548 65 12808 19755 25420 30445 34978 39215 43207 46951 53109 57050 60301 63208 65622 65622 65622 65622 60 11626 17931 23106 27638 31776 35619 39264 42664 48921 53946 57100 59858 60696 60696 60696 60696 55 10493 16158 20839 24927 28672 32121 35372 38426 44191 49314 53602 55769 55769 55769 55769 55769 50 9360 14434 18573 22268 25569 28672 31580 34289 39462 44191 48576 50842 50842 50842 50842 50842 46 8474 13055 16849 20149 23155 25963 28574 31086 35718 40003 44094 46901 46901 46901 46901 46901 42 7587 11724 15124 18080 20790 23302 25667 27884 32071 35915 39559 42959 42959 42959 42959 42959 38 6749 10395 13399 16061 18474 20691 22809 24781 28475 31924 35126 38231 39019 39019 39019 39019 34 5912 9162 11773 14089 16207 18179 20001 21726 24976 27982 30839 33501 35076 35076 35076 35076 30 5123 7882 10149 12168 13991 15666 17243 18769 21577 24189 26602 28919 31137 31137 31137 31137 28 4729 7292 9360 11232 12906 14483 15912 17292 19902 22317 24533 26702 29164 29164 29164 29164 26 4335 6699 8620 10295 11824 13252 14581 15863 18227 20444 22514 24484 27194 27194 27194 27194 24 4039 6059 7832 9360 10788 12070 13301 14483 16651 18621 20544 22317 25224 25224 25224 25224 22 3793 5517 7094 8474 9754 10936 12019 13104 15025 16849 18573 20149 23204 23252 23252 23252 20 3497 4925 6355 7587 8719 9803 10788 11724 13449 15124 16602 18080 20790 21282 21282 21282 18 3250 4384 5616 6749 7734 8669 9557 10395 11922 13399 14730 16011 18425 19311 19311 19311 16 3004 3941 4925 5912 6749 7587 8374 9064 10444 11675 12906 13991 16109 17341 17341 17341 15 2906 3793 4581 5468 6305 7044 7782 8424 9705 10887 11970 13006 14976 16356 16356 16356 14 2806 3595 4237 5074 5812 6502 7192 7782 8966 10049 11085 12019 13843 15370 15370 15370 13 2709 3399 3989 4679 5369 6010 6600 7192 8276 9262 10198 11085 12711 14386 14386 14386 12 2660 3201 3793 4286 4925 5468 6059 6551 7536 8474 9311 10149 11626 13399 13399 13399 11 2611 3054 3547 3989 4481 4975 5468 5961 6848 7685 8474 9212 10592 12414 12414 12414 10 2561 2906 3299 3743 4088 4481 4925 5369 6157 6897 7636 8276 9507 11429 11429 11429 9 2511 2757 3104 3448 3793 4088 4432 4779 5517 6157 6798 7389 8474 10444 10444 10444 8 2462 2660 2906 3152 3497 3743 3989 4237 4827 5418 5961 6502 7438 9457 9457 9457 7 2462 2561 2709 2955 3152 3399 3644 3842 4186 4679 5173 5616 6454 8325 8474 8474 6 2462 2511 2611 2757 2906 3104 3250 3448 3793 4039 4384 4779 5468 7044 7487 7487 5 2462 2462 2511 2611 2709 2806 2955 3054 3349 3595 3842 4039 4532 5812 6502 6502 [Statutory Authority: RCW 43.21A.064, 43.21A.080, 86.16.061, 90.03.350 and [90.03].470. 04-16-122 (Order 03-08), § 173-175-360, filed 8/4/04, effective 9/4/04. Statutory Authority: RCW 43.21A.064, [43.21A.]080 and 86.16.061. 92-12-055 (Order 91-17), § 173-175-360, filed 6/1/92, effective 7/2/92.]
AMENDATORY SECTION(Amending Order 03-08, filed 8/4/04, effective 9/4/04)
WAC 173-175-370 Construction permit fees for modifications of existing dams. (1) Fees for the review of plans and specifications and for construction inspections for project modifications involving significant enlargements shall be the ((greater of one thousand four hundred dollars or the)) amount determined by those applicable percentages shown in Table 5A of the fees in Table 4A((, as adjusted by the fiscal growth factor)) through June 30, 2012, or Table 4B thereafter, but no less than one thousand eight hundred ninety dollars through June 30, 2012, or one thousand nine hundred seventy-seven dollars thereafter. The appropriate Table 4A or B fee amount is to be determined using the nearest values of dam height and crest length, in feet, which correspond to the overall dimensions of the modified dam.
((
TABLE 4. CONSTRUCTION PERMIT FEES - NEW PROJECT CONSTRUCTIONDam Height (ft)CREST LENGTH (FEET)50100150200250300350400500600700800100015002000400040044268493925129652444533685409654712552445600056000560005600056000560005600056000300383044541648496500925107251800524165297653872546005521655776560005600056000560002503402042280458364813249336503445098851520524165317253788543205521656000560005600020028280371284200044492465084796448776495325065251380519965255653452550765600056000180250043463639452427004463246284476844838449616505685118451716526125426455412560001602164431892367924015242644442124558446816483564933650204507925168853340544885600015020020303523525238640413564312044464456684768448664495045026051184528365398456000140183962822433600371003970441972432884446446480479364877649504506525227653452560001301682825928319203533637996401524205643204451644681647992487204992451688528645566412015260235202987633460362043830440152418044376445388468164785249084510725222055020110137202116827272315003410436372381363970442336439044527646480481605040051548543481001223618872243042884031920340763598037548401804230843624448004684449364507925359295115081772422848273283082832872347483642838976412164278443932459204880450400532009010780166042139225592291483169633460350843777239928418324300844968482444981251296851005215484199642388427440302963217233740365123858440460420844398847656484964849680935214392185642220425536284483085632368350283724039032406564298045696456964569675865213328171642055223632264882889630968335163578437576391444188842896428964289670795212264157921890021756243602682428896319763413236036376044009640096400964009665728011228144481730419880222882455626684301843242434272359243729637296372963729660660810192131321570818060202442231624248278043066032452340203449634496344963449655596491841184414168162961825620104218402511628028304643169631696316963169631696505320820410556126561453216296179481948822428251162760828896288962889628896288964648167420957611452131601475616240176682030022736250602665626656266562665626656424312666485961027611816132441458815848182282041222484244162441624416244162441638383659087616912810500117601296414084161841814419964217282217622176221762217634336052086692800892121033211368123481419615904175281904019936199361993619936302912448057686916795289049800106681226413748151201643617696176961769617696282688414453206384733682329044982811312126841394415176165761657616576165762624643808490058526720753282889016103601162012796139161545615456154561545624229634444452532061326860756082329464105841167612684143361433614336143362221563136403248165544621668327448854095761055611452131881321613216132162019882800361243124956557261326664764485969436102761181612096120961209618184824923192383643964928543259086776761683729100104721097610976109761617082240280033603836431247605152593666367336795291569856985698561516522156260431083584400444244788551661886804739285129296929692961415962044240828843304369640884424509657126300683278688736873687361315401932226826603052341637524088470452645796630072248176817681761215121820215624362800310834443724428448165292576866087616761676161114841736201622682548282831083388389243684816523660207056705670561014561652187621282324254828003052350039204340470454046496649664969142815681764196021562324252027163136350038644200481659365936593681400151216521792198821282268240827443080338836964228537653765376714001456154016801792193220722184238026602940319236684732481648166140014281484156816521764184819602156229624922716310840044256425651400140014281484154015961680173619042044218422962576330436963696))
(2) Fees for the review of plans and specifications and for construction inspection for project modifications not involving significant enlargements shall be the ((greater of one thousand four hundred dollars or the)) amount determined by those applicable percentages shown in Table 5B of the fees in Table 4A((, as adjusted by the fiscal growth factor)) through June 30, 2012, or Table 4B thereafter, but no less than one thousand eight hundred ninety dollars through June 30, 2012, or one thousand nine hundred seventy-seven dollars thereafter. The appropriate Table 4A or B fee amount is to be determined using the nearest values of dam height and crest length, in feet, which correspond to the overall dimensions of the modified dam.(3) Fees for the review of plans and specifications and for construction inspection for repair of a dam with safety deficiencies as required by the department shall be ((
one thousand four hundred dollars)) one thousand eight hundred ninety dollars through June 30, 2012, or one thousand nine hundred seventy-seven dollars thereafter.(4) Fees for the review of plans and specifications and for construction inspection for the removal or partial removal of a dam with safety deficiencies for the purpose of eliminating a public safety hazard shall be the minimum fee of ten dollars.
(5) Fees for the review of plans and specifications and for construction inspection for the planned abandonment and reclamation of dams and reservoir areas used in mining operations shall be ((
the minimum fee of one thousand four hundred dollars)) one thousand eight hundred ninety dollars through June 30, 2012, or one thousand nine hundred seventy-seven dollars thereafter.
TABLE 5. FEES FOR MODIFICATIONS OF DAMS
MODIFICATION FEE AS PERCENTAGE OF FEE FOR NEW DAM CONSTRUCTIONFEATURES MODIFIED TABLE 5A MODIFICATIONS INVOLVING
SIGNIFICANT ENLARGEMENTS
TABLE 5B MODIFICATIONS NOT INVOLVING
SIGNIFICANT ENLARGEMENTS
Spillway(s) 35% 25% Impounding Barrier 35% 25% Appurtenant Works and Miscellaneous Construction Elements 10% 10% [Statutory Authority: RCW 43.21A.064, 43.21A.080, 86.16.061, 90.03.350 and [90.03].470. 04-16-122 (Order 03-08), § 173-175-370, filed 8/4/04, effective 9/4/04. Statutory Authority: RCW 43.21A.064, [43.21A.]080 and 86.16.061. 92-12-055 (Order 91-17), § 173-175-370, filed 6/1/92, effective 7/2/92.]
AMENDATORY SECTION(Amending Order 03-08, filed 8/4/04, effective 9/4/04)
WAC 173-175-390 Payment of construction permit fees. (1) The amount of the construction permit fee will be determined by the department based upon procedures contained in WAC 173-175-360 and 173-175-370 and information contained in the construction plans.(a) An initial payment, which may represent all or a portion of the construction permit fee shall be paid in conjunction with the submittal of the construction permit application described in WAC 173-175-120. The amount of the initial payment shall be:
(i) Ten dollars for the removal of a dam with safety deficiencies as described in WAC 173-175-370(3); or
(ii) One thousand ((
four)) eight hundred ninety dollars for construction of a new dam or modification of an existing dam or project through June 30, 2012, and one thousand nine hundred seventy-seven dollars thereafter.(b) The balance of the fee amount (less the initial payment above) is to be paid following notification by the department of the balance due.
(c) All fees collected are nonrefundable.
(2) No fee shall be required for the review of conceptual plans which describe proposed repairs or improvements to existing dams to correct safety deficiencies. The normal construction permit process will apply at the time plans and specifications are submitted to the department.
(3) No additional fees shall be required for plan and specification changes and resubmittals required by the department as part of the review process.
(4) No additional fees shall be required for review of construction change orders.
[Statutory Authority: RCW 43.21A.064, 43.21A.080, 86.16.061, 90.03.350 and [90.03].470. 04-16-122 (Order 03-08), § 173-175-390, filed 8/4/04, effective 9/4/04. Statutory Authority: 1995 c 8. 95-22-030 (Order 94-15), § 173-175-390, filed 10/24/95, effective 11/24/95. Statutory Authority: RCW 43.21A.064, [43.21A].080 and 86.16.061. 93-01-090 (Order 92-35), § 173-175-390, filed 12/16/92, effective 1/16/93; 92-12-055 (Order 91-17), § 173-175-390, filed 6/1/92, effective 7/2/92.]
AMENDATORY SECTION(Amending Order 05-11, filed 8/31/05, effective 10/1/05)
WAC 173-175-765 Periodic inspection fee schedule. (1) The inspection fee amounts are based on the downstream hazard classification of the dam, as determined by the department((, and incorporate the fiscal growth factor calculated under chapter 43.135 RCW)). The inspection fees for each five-year inspection are prorated on an annual basis.((
(a) Equation 1 below is used to calculate the annual inspection fees.
(( Annual Inspection Fee=(COSTFGF) ÷ (Cycle) Equation 1))
Where:(i) Cycle = number of years between inspections, with five years being the minimum.
(ii) FGF = an annual fiscal growth factor expressed as a percentage, as determined under chapter 43.135 RCW.
(iii) COSTFGF = cost of inspection in dollars including a fiscal growth factor. The cost is obtained by multiplying the inspection cost in the preceding year by the current year's fiscal growth factor as follows:
(( COSTFGF=Previous year's cost x [1 + (FGF)] Equation 2))
(b) For implementation of the fiscal growth factor, the base year for dam inspection fees will be fiscal year 2004, ending June 30, 2004. In the base year, the FGF will be zero.(c))) The cost for ((
an)) a periodic inspection by the department ((in the base year)) starting July 1, 2012, will be as follows:((
(i) $3440.00)) (a) For dams with high downstream hazard classifications the fee is six thousand forty dollars, with a prorated annual fee of (($688.00)) one thousand two hundred eighty dollars for a five-year inspection cycle.((
(ii) $2500.00)) (b) For dams with significant downstream hazard classifications the fee is four thousand four hundred five dollars, with a prorated annual fee of (($500.00)) eight hundred eighty-one dollars if a five-year inspection cycle is implemented, or (($250.00)) four hundred forty dollars and fifty cents if a ten-year inspection cycle is implemented.(2) Exceptions to periodic inspection fee schedule.
(a) For any hydraulic works less than ten years old, that the department examined and approved the construction plans and specifications as to its safety when required under RCW 90.03.350, there shall be no fee charged; or
(b) For any hydraulic works more than ten years old, but less than twenty years old, that the department examined and approved the construction plans and specifications as to its safety when required under RCW 90.03.350, the fee charged shall equal the fee for a significant hazard dam.
(3) Inspection fee for impoundments with multiple dams. For reservoirs or impoundments with a main dam and one or more saddle dams, a single annual inspection fee will be charged for the facility. The dam with the highest downstream hazard rating will be used for fee computation.
(4) Inspection fee for multicell impoundments. For multicell impoundments, such as wastewater lagoons, where two or more cells are located side-by-side or share a common embankment, a single annual inspection fee will be charged for the facility. The cell with the highest downstream hazard classification will be used for fee computation.
(5) Inspection fee for nonroutine inspections. For nonroutine inspections as described in WAC 173-175-725, no fees will be charged to the dam owner.
(6) Inspection fee for inspections at public request. For inspections done at public request, as described in WAC 173-175-735, no fees will be charged to the dam owner.
[Statutory Authority: Chapters 43.21A and 90.03 RCW. 05-18-039 (Order 05-11), § 173-175-765, filed 8/31/05, effective 10/1/05. Statutory Authority: RCW 43.21A.064, 43.21A.080, 86.16.061, 90.03.350 and [90.03].470. 04-16-122 (Order 03-08), § 173-175-765, filed 8/4/04, effective 9/4/04.]
AMENDATORY SECTION(Amending Order 03-08, filed 8/4/04, effective 9/4/04)
WAC 173-175-785 Periodic inspection fee payments. (1) The applicable inspection fee shall be paid by check or money order payable to the department of ecology and mailed to the following address:
Department of Ecology((
Dam Safety Inspection Fee Program)) Cashiering UnitP.O. Box ((
5128)) 47611((
Lacey)) Olympia, Washington ((98509-5128)) 98504-7611.
(2) In the event a check is returned due to insufficient funds, the department shall consider the inspection fee to be unpaid.(3) Delinquent accounts. Dam owners 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 certified mail that they have one hundred eighty days to bring the delinquent account up-to-date. Regulatory orders may be issued to enforce a restriction of reservoir filling until all delinquent fees are paid on accounts that remain delinquent after ninety days.
(b) Nonmunicipal or nongovernment dam owners shall be notified by the department by certified mail that they have one hundred eighty days to bring the delinquent account up-to-date. Accounts that remain delinquent after one hundred eighty days may 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 department may issue regulatory orders to enforce restriction of reservoir filling until all delinquent fees are paid.
[Statutory Authority: RCW 43.21A.064, 43.21A.080, 86.16.061, 90.03.350 and [90.03].470. 04-16-122 (Order 03-08), § 173-175-785, filed 8/4/04, effective 9/4/04.]
