Wastewater/Stormwater Discharge Permit Fees


 Background Information

The Department of Ecology is authorized by state law, RCW 90.48.465 - Water Pollution Control, to adopt rules to fund the operation of the Water Quality Wastewater and Stormwater Discharge Permit Programs.

As a result of this law, Ecology adopted by rule WAC 173-224 - Wastewater Discharge Permit Fees, which contains a fee schedule for collecting Ecology’s expenses for issuing and administering wastewater and stormwater discharge permits. Fee-eligible activities include:

Ecology is also required to submit a Report to the Legislature every two years on how the monies were used from the account.  The report is due by December 31 of every odd-numbered year.

Permit fees are paid by holders of federal and state wastewater and stormwater discharge permits issued by Ecology.  Wastewater discharge permit holders include large and small industries such as pulp mills, fish hatcheries, fruit packing operations, and food processing facilities.  Domestic wastewater treatment plants operated by government jurisdictions are also required to have wastewater discharge permits.  Currently, there are approximately 6,000 +/- wastewater and/or stormwater permits that have been issued by Ecology in the State of Washington.

Funding for the permit program was initially paid for by citizens through state general revenues appropriated by the Washington State Legislature and federal grants.  In 1988, voters passed Initiative 97 (now codified as RCW 90.48.465) requiring holders of wastewater discharge permits to pay annual fees for discharging into waters of the state.  Fees paid by holders of wastewater and stormwater discharge permits are deposited into a dedicated account.  The Legislature authorizes Ecology to spend fee monies from that account on fee-eligible activities.

When the program began in 1988, Ecology recovered approximately $3.6 million dollars a biennium from approximately 900 fee payers.  For the 2005-2007 biennium (July 1, 2004 - June 30, 2007), Ecology recovered $29,349,000 in revenue from approximately 5,120 fee payers.

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Fee Program Administration

The Ecology Permit Fee Unit has the responsibility of assessing permit fees for all permit holders.  Billing information is entered into the Billing and Revenue Tracking System (BARTS) which creates invoices that are mailed out twice per year for most permit holders with the exception of construction stormwater general permit holders, any permit holder whose annual fee is greater than $500 is billed twice per year.  The first billing occurs in the July/August timeframe or upon permit issuance.  The second billing occurs during the February/March timeframe statement.

The Washington State Legislature establishes the budget amount Ecology needs to recover through permit fees.  This action occurs every two years when the state budget is passed (every odd year).  Because of this (WAC 173-224) Wastewater Discharge Permit Fees must be amended to allow for recovery of the costs Ecology will incur operating the permit program at the budgeted level established by the Legislature.  Ecology last amended the fee regulation in May 2006.  Ecology is planning on conducting a FY2008/FY2009 Rule Amendment Process that will begin in April 2008.

State law, RCW 90.48.465(4) - Water Pollution Control, requires Ecology to consider the impact of fees on small business and provide appropriate adjustment.  Ecology responds to this mandate by granting Small Business/Extreme Hardship Fee Reductions on a yearly basis.

The Permit Fee Unit also tracks delinquent fee accounts and refers them for collection when appropriate. In cases where payment continues to remain delinquent after the account is at collection for a year, actions are then taken by Ecology that will formally revoke the permit for nonpayment of fees.

Fees are based on the state’s fiscal year that begins July 1 and ends on June 30.  Permit fees stop when a permit termination has been granted by Ecology or when the permit coverage expires.

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 Permit Fee Unit

Bev Poston , Fee Program Administrator
Financial Management Section
Water Quality Program 
(360) 407-6425 
bpos461@ecy.wa.gov
Processes delinquent accounts. Assigns fee categories to permits.  Responds to permit fee appeals. Amends permit fee regulation. Prepare permit fee legislative report.
Shirley Rollins
Financial Management Section
Water Quality Program
(360) 407-7330
srol461@ecy.wa.gov
Processes small business and extreme hardship fee reduction requests.  Contact person for industrial & municipal wastewater permit fee questions.
Jeanna Ridner
Financial Management Section
Water Quality Program
(360) 407-6424
jmac461@ecy.wa.gov
Assists fee program administrator in processing delinquent fee accounts.  Contact person for construction stormwater general permits.

Mailing Address:
        PO Box 47600
        Olympia, WA 98504-7600

Toll Free Phone Number:
        1-800-633-6193 (press 2)

Fax Number:
        (360) 407-7151

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 Billing Information

Ecology mails invoices directly to permit holders.  Wastewater & industrial stormwater permit holders whose annual fee is greater than $500 are given the option of paying the fee amount in full or requesting to have the annual fee split into two equal payments. If the fee is less than $500.00, the full amount is billed at the beginning of the state fiscal year (July/August).  Construction stormwater permit holders are billed annually.

Permits issued during the fiscal year will be mailed a fee invoice within a few weeks of permit issuance.

Ecology normally mails out invoices to permit holders in July.  However, the FY2009 invoices will not be mailed until after the rule amendment process is complete.  Invoices should be mailed in September 2008.

Ecology usually mails the second semi-annual invoice during the months of February/March.

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 Rule Amendment Process

Ecology has begun the fee rule amendment process.  A Rule Development Plan has been prepared that describes the process Ecology will use to amend the fee rule.

This rule amendment will cover FY2009 and FY2010 (July 1, 2008 - June 30, 2010).

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 Rule Development Calendar
 

Activity

 Date

File CR101 with Code Reviser 04/23/08
File CR102 with Code Reviser 06/04/08
Public comment period begins 06/04/08
Public workshops and hearings 07/08-10/08
Public comment period closes 07/15/08
Rule adopted 08/05/08
Rule effective 09/06/08

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 File Preproposal Statement of Inquiry (CR101) with State Code Reviser

CR101

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 Rule Filed with Code Reviser (CR102)

Wastewater/stormwater current and projected fees.

(under construction)

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 Public Hearings and Public Comments

(under construction)

Notice of public workshops and hearings

 

Date

 Location

       
       

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 Concise Explanatory Statement

(under construction)

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 Rule Adoption (CR103)

(under construction)

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 Rule Effective

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 Small Business/Extreme Hardship Reductions for wastewater and construction stormwater permit holders.

A business may apply for a small business fee reduction if it meets the following criteria:

  1. Be a corporation, partnership, sole proprietorship, or other legal entity formed for the purpose of making a profit;
  2. Be independently owned and operated from all other businesses (that is, not a subsidiary of a parent company);
  3. Have annual sales of one million ($1,000,000) dollars or less of the goods and services produced using the processes regulated by the wastewater discharge permit; and
  4. Pay an annual wastewater discharge permit fee greater than five hundred ($500) dollars.

A business may apply for an extreme hardship fee reduction if it has annual sales of one hundred thousand ($100,000) dollars or less of the goods and services produced using the processes regulated by the wastewater discharge permit.

To receive an application for a small business/extreme hardship fee reduction, please contact Shirley Rollins at (360) 407-7330 or send email to srol461@ecy.wa.gov.

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 Delinquent Fee Accounts

Permit holders who do not pay the assessed permit fee by the billing due date are considered delinquent.  Delinquent permit holders are notified directly by Ecology that if payment is not received upon a specified date, the account will be referred for collection.  In addition, a surcharge of 20 percent of the amount owed is added to the delinquent amount to cover the cost of the collection action.  If payment is not received by the collection agency, Ecology can take formal enforcement action against the permit holder, including but not limited to termination of the permit, for nonpayment of fees.

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 Permit Termination

Permit fees stop when the permit has been officially terminated by Ecology or when permit coverage expires. Permit holders need to contact Ecology’s Regional Office as soon as a permitted activity ceases.  Permit fees will continue until the permit has been canceled regardless of when the permitted activity stops.

Water Quality Coordinators in each of Ecology’s regional offices are the primary contacts for information about specific permits.

Northwest Regional Office Central Regional Office
Tricia Miller (425) 649-7181
tmil461@ecy.wa.gov

King, Whatcom, Skagit, Snohomish, San Juan, Kitsap and Island
Cynthia Huwe (509) 457-7109
chuw461@ecy.wa.gov

Yakima, Benton, Klickitat, Chelan, Douglas, Kittitas, and Okanogan
Southwest Regional Office  Eastern Regional Office
Municipal/General Permits    Industrial Permits
Carey Cholski                    Sherri Greenup     
(360) 407-6279                (360) 407-6280
cgru461@ecy.wa.gov         swal461@ecy.wa.gov
 
Thurston, Clallam, Jefferson, Mason, Grays Harbor, Pierce, Lewis, Skamania, Wahkiakum, Cowlitz, Clark, and Pacific
Shara Trantum (509) 329-3455
stra461@ecy.wa.gov

Spokane, Grant, Adams, Whitman,  Franklin, Ferry, Stevens, Pend Oreille, and Lincoln

 Stormwater General Permit Contacts

Carrol Johnson
360.407.7451
carr461@ecy.wa.gov
Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Lincoln, Pend Oreille, Skagit, Snohomish, Spokane, Stevens, Walla Walla, Whatcom, Whitman
Josh Klimek
360.407.7451
jokl461@ecy.wa.gov
Kitsap, Pierce, City of Seattle, Thurston
Elaine Worthen
360.407.7229
ewor461@ecy.wa.gov
Island, King (exclude City of Seattle), San Juan
Joyce Smith
360.407.6858
josm461@ecy.wa.gov
Benton, Chelan, Clallam, Clark, Cowlitz, Douglas, Grays Harbor, Jefferson, Kittitas, Klickitat, Lewis, Mason, Okanogan, Pacific, Skamania, Wahkiakum, Yakima

 Permit Revocation

(under construction)

 

If you have problems with this Web page, please contact Shirley Rollins.


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