.::

....... 

### O'IS-1'9Q:3

Chapter 173-305 

### \lAC

HAZARDOUS**~ASTE** 

### FEE**nEGUL~TION.**



### WAC 17]-305-010**PUP.POS~.** 

### This chapter iMplements the prOV1S10ns of chapter 70.11J5ARCil (chapter 6'3, Lalls of 1983 1st ex. sess.), establishing a**me~ns** 

### for funding hazardous waste control activities in this
state. The purpose of this chapter is to describe the methods by which the department of ecology will assess certain fees, to whom the fees will be assessed, the amount of such fees, provisions for exemption froo**an~ enforcem~nt**  

### of fee assessments, coordination between the departments of ecology and revenue, 'and procedures for adjusting fees.

WAC 173-305-015 APPLTCABILITY. (1) 

### General. The requirements of**~AC** 

### 173-]05-010 through 173-305-020 and 173-305-080 through 173- ]05-090 apply to all persons who generate, recycle, transfer, treat, store, or dispose of hazardous wastes in**~bis** 

### state. (2) 

### Generators. ' (a) The**requireme~ts** 

### of**~AC** 

### 173-305-030 through**173-305-0~0** 

### apply only to those persons utilizing or operating identi:ied sites. (b) The requirements 'of WAC 173-305-030 through 173-305-050 'do
not apply to: '

. (i) Any person who is exclusively a small qua

### nt

### Lty 

### generator (as described in chapter 173-303 wAClduring a 

### calendar year; (ii) Any person who accepts hazardpus vaste only from small**quan~** 

### titj' generators (as described in chapter 173-303 ilAC) and who then sends sdcb hazardous waste off-site in accordance with chapter 173-303 WAC, provided that the person does not 'originate his own hazardous waste; arid (iii) Any hazardous waste qeneratedby 

### a facility which is operating, for such hazardous waste, as a transfer facility under a 

### permit administered pursuant to chapter 173-303 WAC, if such hazardous waste does**~ot** 

### originate at the**f~cility** 

### and has not been stored at the flcility for more than one year. For the purposes of (b) of this subse::tior., a person or facility originates a hazardous waste if such hazardous waste occurs as a resalt of a physical, chemical or biological process performed by the
pe

### rson or at the f·lCility. hazardous waste is not originated if,

v

### be n it leaves a site, it is the same as when it a

### r ri 

### vad

. (3) Facilities. The requirements of HAC 173-305-060 through 173-305-070 apply**~nly** 

### to those persons who**oper~te** 

### facilities which lre SUbject to a**~ermit ad~inistered**  

### pursuant to cha?ter 173-303 WAC. (I:) 

### Exclusions. The requirements of this c

### hapt

### e r do not a

### ppLy 

### to: (a) r.azardous wastes which are not subject to regulations**~dopted** 

### pursuant to**chapt~r** 

### 70.105 RCW; (b) Raiioactive wastes; or (c) Wastes generated primarily from the combustion of coal or otr-er fossil fuels

.

[ 1 

### 1 "=-

..-:-;.

..**~~**


### OTS-11dO:3

'-1



### ilAC 17:!-305-020 

### )EFItlITIO:lS. Any terms not specifically defined in this section s h aLf., 

### for the purposes of this ch a pt

### e r , have the same meaning as given in .AC 173-303-040. 

### The followin1 terms are defined for the pu

### r pos es of this chapter: (1)**"A~nu51** 

### 1ross income" of business melns the value procegdin1 or accruing**duri~g** 

### a calendar year**~y** 

### reason of the transaction of the business or**sprvi~e** 

### engaged in and includes gross proce2ds of sales, c

### onpens ati 

### on for the rend ition of services, gains realized f 

### r on trading in stocks, bonds, or other evidences of indebtedness, interest, discount, r

### ant

### s , royalties, fees, commissions, dividends, and other emoluments**howev~r design~ted,**  

### all**witho~t** 

### any deduction on**a~count** 

### of the cost of tangible property sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense x

### hat

### s oe ve r paid or accrued and without any deduction on account of losses; (2) 

### "Business activities" means activities of any person subject
to tbe generator fee 

## 0: WAC 173-305-030 

### and vh

### o is "engaging in business" as this term is defined in chapters 82.04 

### and 82.16 

### FCW;
(3) 

### "Combined site" means any location which is both a facility and an identified site (as these terms are defined in -t

### hi 

### s section) ; (4) 

### "Dangerous waste" shall have the same definition as set forth in HCW 70.105.010(5) 

### and shall specifically include those wastes designated as dangerous by rules adopted pursuant to chapter 70.105 

### HCW; (5) 

### "Department" means the department of ecology; (6) 

### "Extremely hazardous waste" shall have the same definition

as set forth in PCW 70.105.010(6) 

### and shall specifically I 

### nc Lude those
wastes**designat~d** 

### as extremely hazardous by rules adopted pursuant to chapter 70.105 

### Hew; (?) 

### "Facility" means all contiguous La

### nd , s

### nd structures, other appurtenances and improvements on the land used for recycling,**tra~s** 

### ferrinj, treating, storing, or disposing of hazardous waste;

. (8) 

### "Fee" means the annual hazardous waste control and elimination assessment fee imposed under HCW 70.105A.030 

### and the fee for treatment, s.torage, and disposal facilities imposed .under RCIl 70. 10.5A. 040;'. (9) 

### "Generate"means any' act or pr.ocess "'hich produces' hazardous
waste or first causes· a hazardous**~aste** 

### to become SUbject ·to regulation; (10) 

### "Hazarcious wa$te" means and Ln

### e Lud e s all dangerous and extremely hazardous wastes; (11) "Identified site" means the same or geographically contigu-

ous property, which may be divided by a public 

### Jr private right of way, provided that access**bet~een** 

### the properties occurs at an intersection and crosses, as opposed to goes along, the right of way. Non- ;ontiguous properties owned by**t~e** 

### same person but connected by a right of way will be considered a single identified site if the person controls the right of way and can prevent public access. For the purposes of this chapter, a property (or properties) will be an ilentified site only i: it meets the conditions described above in this subsection, and**o~ll i~**  

### haza:cous waste is generated there during a

c

### a l e n da r year; (12) 

### "Person" ne s ns an individual, t 

### r ust , 

### firm, joint stock com- p a ny , partnership, association, st

### ate
, public or private or a unLci.pa

### I corporation, commission, political subdivision of a state, interstate body, the federal government including any agency or officer thereof, an1 "Iny Indian tribe or**aut~orized** 

### tribal organization; (13) 

### "SIC" means standard industrial**~lassification** 

### and refers
to the four digit nurebers assigned to business activities from the federal Office of**~anagement** 

### and Budget's "Standard Industrial Classification**~anual,"** 

### revised 1983; (14) 

### "Ton" means t

### vo thousand pounds; and (15)**"~1anufacturer,"** 

### "retailer," "Wholesaler," and "person engaging in service activities" shall have the me"lnings**attri~uted** 

### to '. 

### .-::---j

..... -.-:.'

. :

### .-~;~f$~f.~**,~** ..,'

.. , 

### I

I I 

## ! . c:

# I,'<~~'i i

.



### ( 2

.:

....**.~** ••**~.',** • e

## ...... 015-1180:3**s~ch** 

### terms in chaoter Q2.0Q ECW and shall include all persons taxable

:or such activities under that**~hapter** 

### •**g~_g~.!l0N**

IUC 

### 173-305-030**:;ENE[lATO~** 

### FEES. This section describes the methods and criteria by which the department will: Determine the**b~siness** 

### activities that will be assessed generator fees (subsection (1) 

### of this section): determine and apportion annual gross income (subsection (2) of this section); develop the generator fee schedule (subsection (3) of this section) ; assess fees (subsection (4) of this section): and provide for exemption from or reduction of a fee (subsection (5) of this section). (1)**Selecti~n** 

### of businesses and generators. This subsection describes how the department will select those individuals and busi-

nesses who will be assessed a generator fee. (a) List of business activities. The legislature provided the following list of business activities which may be assessed a generator fee: (i) !:xploring for, extracting, beneficiating, processing, or selling metallic or**non~etallic** 

### [inerals; (ii) Exploring for, extracting, processing, or selling coal; (iii) Producing, distributing, or selling electricity; (iv) Industrial or nonresidential contracting or heavy cor.struction; (v) '?ainting or sandblasting; (vi) Producing, processing, or selling rubber or plastics; (vii) Producing, processing, or selling glass, 

### cement, or concrete; "(viii) cutting, milling, produc i.nq , pr e pa ri 

### nq , or selling lumbe.r

or wood products, including wooden furniture or fixtures; (ix) Producing, preparing, or selling paper or allied products; (x) ?rinting or pUblishing; (xi) synthesizing, producing, processing, preparing, or selling chemicals or allied products: (xii) Exploring for, extracting, producing, processing, distributing, or selling petroleum or gas; (xiii) Fabricating rubber or plastic products; (xiv) aeneficiating, processing, or sellin] primary or secondary metals; (xv) Fabricatir.g metal products, including metal furniture or f i,

### xtutes: (xvi) Fabricating, constructing, preparing, installing, or selling machinery or supplies: (xvii) Fabricating, constructing, i 

### nst

### aLl.Lnq , preparing, or selling electrical or electronic equipment, machinery, or supplies; (xviii) Fab r Lcat i 

### nq , producing, preparing, or selling transportation**esuip~Ent:** 

### (xi 

### x) Trar.s!'orting by ::ailroad, motor vehicle, or vst

### er vessel; (xx ) Telephone communicaticn; (xxi )**')rycl~an:'ng,** 

### photofinishing, or furniture refinishing: (x xi i ) 

### "ransferring, treating, storing, or disposing of solid, rlangerous, or extremely hazardous wastes; and (xxiii)**TI~pairing** 

### or servicing**m~tor** 

### vehicles, railroad equip-

eent
, or water vessels. (b) selectip.g cusinesses for assessment. The department**~ill se~ect**  

### businesses for assessing fees as described in this subsection. Tn general, two different mechanisms will be used to identify those persons who will be assessed a fee. For the purposes of this chapter, the groups selected hy 

### these two mechanisms will be named: specific businesses (p r o ce d ur es for selection are described in (h) (i) of this subsection):" and nonspecific**b~sinesses** 

### (procedures for selection are described in (b) (ii) of this subsect

### Lom ,

[ 3 

### J i: ',.



### ,

.;.:OTS,-'1aO:3

( i ) Specific bus i ncsses , Any person who has notified pursuant to**chapt~r 1?~-303** **W~C** as 3 generator of hazardous wastes ani**~r.o ~tilizes**  or opprates an identified site will be assessed a generator fee. (ii) Nonspecific businesses. The department will develop a list of b usi resaes '::J'f st anda r d industrial classification (SIC) nuaber s ,**T~is** list**ap?ea~s** in**~AC** 173-305-040 and will be developed on the fol1o vi ng bases : (A) 'Ihe bu si ne s s e s are i.nc Luded in the legislative list of subsection (') ("i) of this section; and (9) The**in~::lrr.:ation** on specific businesses that have notified and reported as ha:ardous waste generators su?ports the inclusion of SIC numb£rs on the list. The dep"irtment of revenue will Frovide the names and addresses of businesses which conduct activities specified in the SIC list as requested by the dep3rtment of ecology. The department of ecology will notify these businesses in writing that they have been identified

as possible generators of hazardous waste. They will be requested to submit to the department of ecology within thirty days either a written description of their wastes (including but not limite."! to type,

source and quantity for each waste), or else a signed and dated certification that they do not generate hazardous waste. The certification will be as follows:

"I certify that I am familiar with the requirements of**ch~p** ter 113-303 WAC, Dangerous waste re':Julations. and with the
waste designation procedures thereof, and that I do not believe any of my wastes tc be hazardous wastes based on my

own knowledge and or. my inquiry of those individuals responsible for performing such hazardous waste designation procedur e s , "

The department of ecology will use the information submitted.hy the nonspecific businesses, and any other pertinent' information,

. to' determine which of those businesses are SUbject to a generator fee. If a person certifies that his business does not q enerat

### e hazardous**~aste,** then he will not be assessed a fee. If a person submits infor-**~ation** which shows that he generates a hazardous waste, tben he will be assessed a generator fee calculated accorjing to the procedures for specific businesses, with the information he has submitted being usej in lieu of an annual report. If a person does not submit either a certification or information on his wastes, then the department of ecology will conclude that he is utilizing or operating an identified site and he will be assessed a generator fee calculated according to the procedures for nonspecific businesses. {c} Identified sites. For the purposes of this chapter, no property will te an identified site unless hazardous**~aste ~s**  generated there during a calendar year. Ea:h identified site viII be assessed one fee annually, the size of the fee to depend on the risk and quantity of the hazardous wastes generated there and the apport i or.ed annual gross Lncome of the site (see subsecti o ns (2) and (3) of this section). If or.e person ut i Li z e s or operates more than one ijentified site, he vill be responsible for all iees assessed to his identified sites. To a reasonable extent, the department iill attempt to 1etermine all identified sites**ovne~** or operated by the same person.**Ho~£ver,** the department's inability to detect all identified sites owned or operated by the same person .ill not delay**~he** issuance of assessments, nor**~ill** it form a just cause for refusal to pay an assessed fee. (2) Annual gross income**(~GI);** apportionment. (a) Annual gross income. AGI for each person's assessed**b~si** ness will be obtained from the d e pa rtae nt of revenue. The AGI obtained**fro~** the denartment of revenue for Dersons whose business activities

earn income without as vell as within the state vill reflect the portiQn of total AGI attributable to activities within the state. Such attribution vill be calculated pursuant to chapters 82.04 and 82.16**RC~. A~I**  re?orted to the department of ecology shall be used solely

[ 4 . ... 

# v·

### OT5-11aO:3

:or the purpose of determining fee amounts. Confidentiality of AG! shall be**~aintained** 

### in**accordan~e** 

### with department of revenue laws, regulations, and procedures. (h) Apportionm€ct. Except as otherwise provided in (b) (ii) and (iii) of this sul:section, t

### he d

### e par t 

### ne nt 

### shall a

### ppo rt i 

### on AGI for specific businesses among identified sites utilized or operated by 

### an

a

### sses s ed person as described in (b) 

### (i) of this subsection. In the**ca3~** 

### of nonspecific businesses, the person's AGI will be appo=tioned

as 

### if he had only one 

### identified site, except as provided in subsection (5) of 

### this section. Wher.ever an apportioneJ AGI is calculate.d to

a feaction of a cent, the figure will be rounded to the nearest whole
cent (e.g., $27,611.5235 would be rounded to $27,611.52). (i) The department will apportion AGI equally among a person's i1entifiej sites without regard to the amount or nature of business at the sites. This will be done by divijing the total AGI for the assesse1 person by the number of his identified**~ites.** 

### For example: (A) AGI reported for a person's business is 17,252,320.18. The person utilizes four identified sites to conduct his activities. Thus, the apportioned AGI for each**identifi~d** 

### site would be $1,813,080.05;

. (8) 

### AGI reported for a pers0n's business is $58,112.45. His business is conducted at two locations,**~ut** 

### only one is an identified site.**Th~refore,** 

### the apportioned AGI for his identified site would be $5'1,112.45. (ii) Any person who is subject to a fae may request, through the procedure described in subsection (5) of this section, that the department reaFPortion AGI among his identified sites accor1ing to each identified site's share of AGI. His total AGI will still be apportioned only among his identified sites. The share of his total**A~I** 

### reapportioned to an identified site will be determined by multiplying his total AJI by a factor**deri~ed** 

### from dividing**t~e** 

### AGI con- tributed from the identified site to the ·total AGI by the AGI contributed from all of his identified sites. The following formula will be used:

AGI (IS) A:;I (R) 

## = AGI 

### x AGI (TIS)

Where**~~r(R)** 

### The share of AGI that vill be**reapp~rtioned** 

### to an identified site**A~I** 

## = Total AGI attributable to the person's business in the
state**AG~(IS)** 

### = 

### The AGI contributed by the i3entified site to the total

AGI**A~I(TIS)** 

### = 

### The sam of the AGI contributed by .111 of the person's identified sites

The following example**sho~s** 

### how this reapportionment will work. A**gen€~ator's** 

### AGI for a calecdar year is ;35,254,378.12. uuring that calendar year, he operates three identified sites at which haz-

ard

### ou s wastes a r s generated. For this example, these si t

### es will be ijenti:ie1 as SA, 53, and SC. Site SA contributes !5,464,212.04 to the gecerator's totl1 AGI, site 5B contributes b2,372,011.09, 

### site SC**c~r.tributes** 

### 5675,293.87, and the balance of bis AGI comes from other properties which are not identified sites. The sum of the AGI con- t

### ri 

### but

### e d by his three i 

### d ent

### Lf Led sites, AGI(TIS), is 58,511,507.00. The share of the generator's AGI that will be**reapoo~tioned** 

### to site SA is calculated as ($35,254,378.12) x (!5,46Q,212.04 f 

### $8,511,507.00) 

## =**~22,632,584.03. f~r**  

### site SB the reapportionment is calculated as (335,254,378.12) x (Q,372,011.09 i- 

### ';8,511,507.00) 

## = $9,824,790.92.

r o r site SC, the r ee ppart i 

### on ae nt 

### is calculated as 035,254,378.12) x (3675,283.87 t 

### S8,511,507.00) =**~2,7<J7,003.27.** 

### Thus, site SA wouU be 

### in the greater than $10,000,000 AGI category, and sites SB and SC vouLd he in the' 31 ,OOO,DOO to $10,COO,000 AGI category.

[ 5 ) .> 

## ,

"OT5-1180:3

The department will review a generator's reiuest for reapportion- :lent s u b ni t tod un d e r subsectior. (5) of this section, and base d on in:ormation peovideJ by the person requesting reapportionment, will d0termine the extent and amount cf AGT to be reapportioned among his identified sites. The department will not 1rant·reapportionment antil all information eeasonably necessary to do so has been provided to the nepartment. The information which a ?erson requesting**reapportion~er.t** Dust provide will be specified by the 1epartment in writing to the
person after the department has received his request. (iii) The department may, on its own, initiate the reapportionaent of an assessed ?erson' s AGI according to th e s ha r e of total A:;r contributed by eacn of his identified sites. To determine his reap-**~ortionment,** the de?artment will**sp~cify** in writing to tr.e person the information necessary to perform such reapportionment. The department
may, if it chooses, waive payment of a generator fee, or of penalties

or both until reapportionment is complete. (3) Criteria for generator fee amount. This subsection describes the specific risk classes for generators, provisions for modifying risk classes in certain cases, and general parameters for fee amounts. The specific generator fee amounts are establiShed in WAC 173-]05-040 and are related to the risk classes and general fee**Dara~eters** set forth in this subsection.

. (a) Generator fee parameters. t::xcept as provided in WAC 173- 305-080 and 173-:05-090, the generator fee assessed for an identified site during a calendar year. will not exceed: (i) $150.00 for each identified site ·witli an apportioned annual
gross income not in excess of one million dollars; (ii)**~750.00** for each identified site with an appoetioned annual
gross income in ex=ess of one million dollars but not exceeding ten million dollars; and· (iii) S7,500.00 for each ider.tified site with an apportioned 3nnual gross income in excess of ten million dollars. (b) Generator risk class. Seven generator r i sk classes a r e established. The risk classes shall be identified as G1, G2, G3, 'G4,' G5, G6, and G7, and are graduated with G1 representing the lowest risk and G7 representing the highest risk. The classes depend on the type(s) of hazardous waste (extremely hazardous waste (ERW) or dangerous waste 

### (DW» and quantities generated at an identified**sit~.** The generator risk classes are defined as follows: (i) G1--less nan 1.0 ton of 

## ow in a calendar year; (ii) G2--less than 0.1 ton of ERR, or 1.0 ton or more but less than 2.0 tons of 

## ow in a calendar year; (iii) G3--0.1 ton or eo're but less' than 0.2 ton of EHW, or 2.0
tons or more but less than 3.5 tons of**O~** in a calendar**y~ar;** (iv) G4--0.2 ton or reore but less than 0.35 ton of EP.W, or 3.5
tons or IDQre but**l~ss** than 5.5 tens of OW in a calendar year; (v) G5--0.35 ton or more but lESS than 0.55 ton of EHW, or 5.5
tons or more but**l~ss** than 23.5 tons of OW in a calendar year; (vi) G6--0.55 tali VL more but less than 2.35 tons of EHW, or 23.5 tons or reore of 

## ow in a calendar year; and (vii) G7--2.35 tons or mace of ERR in a c a Le a d a r year. (c) Assigning generator risk class. The departreent will assi1n the highest applicable generator risk class to an ijentified site.

:oc example, if a person q e n e r ate s in a calendar year 15::> pou nds 

## 0: :::HI (:isk class G2) a n d 20 tons of OW (risk class G51, his identifid site vi L], be assigned the genenter risk c La s s G5. The de?artment
may, on 'i case-by-case basis, determine that an Ld en t i fLed site poses

a jreater risk than is reElected by the types and annual quantities of hazardous .aste generated at the site. The department may make such a determination after considering the niture of the wastes generated, the proximity of the identified site to popUlation**cente:~,** potential for release of the hazardous waste to the aie, land, or sueface or ground watee, and the**safe~y** of the generating and handling practices 'it the**ide~tified** site. If the department reakes such a determir.ation, then it will**assi1~** a risk class that is one level higher than the risk class that would be assigned solely on the basis of waste types and quant i.ti.e s generated at the identified· site.**~owever,** no risk

[ 6 

### 1..'-

.. '-) .-"



### .-

...

### ,. OTS-1190:3**~l~ss** 

### higher**th~n** 

### G7 will ever be assigned. For example, an identified site might generate 1.2 tons of 3HW, and thus have a**gener~tor** 

### risK class of G5. HowEver, the department may assign the site a risk class of G6 

### (one class higher) because the site**gener~tes** 

### nerve gas wastes and is located over a sole source aquifer in the core of



### m

a jo r city. Upon reassigning a generator risk class to an identifiej site, the department will noti:y**th~** 

### Ferson who utilize3**o~** 

### operates**t~e** 

### site of his site's new risk class. Such notification will be in**~.iting** 

### and will be included as part of the generator fee statement. (4) 

### Assessment of generator fees. This subsection**des~ri~es** 

### the procedures for assessing generatcr fees. (a) t;enerator fees

...ill be a

### ssessed by the issuance of g<;!n<;!rator fee statements to persons whose tusinesses are selected for assessment pursuant to subsection (1) of this section. The**depart~ent** 

### of ecology**~ill** 

### provide a list of the businesses to be assessed to the department of revenue. The department of revenue will then prepare and send out the statements of generator fees, and will keep records on who has paid, how much was paid, who is late and, upon notice from the department of ecology, who has been exempted or whose fee has been**~educed.** 

### I: a second generator fee statement is necessary, due to exemption, reduction, reapportionment, etc., the department of ecology will provide the new information to the department of revenue, which will prepare ann send out the second statement. A 

### generator fee will be considered paid only after a valid check or money order for the full fee and any accrued interest has been delivered to the department of

revenue. (b) (i) A 

### generator**fe~** 

### .ill be owed for each calendar year that

a person utilizes or operates one or more identified sites. Generator fee statements will' be issued by**~ay** 

### 31 each year for fees owed for the preceding calendar year. The due date for payment of generator fees is June 30. This due date will be changed for the following

reasons: (A) 

### As provided in subsection (5) (d) of this section, for each person vho submits a request for waiver of fee; or (S) 

### In the event that generator fee statements are not issued by May 31 of a given year, or 'for fee**state~ents** 

### issued pursuant to (b) (ii) of this subsection, the due date will be t!lirty days after those generator fee statements are issued for that year. Any person who still owes a generator fee after the applicable due date may be**~ubject** 

### to collection and enforcement**~ctions.** (i.L) 

### (A) If a 

### generator submits his annual report (pursuant to WAC 173-303-220) to the department and his report is late, then his generator fee statement 

### may**~e** 

### issued after Kay 31. (E) 

### The department may discover that a person is a generator, but**t!l~t** 

### he has not heen complying with the**applic~ble** 

### requirements 

# 0= chapter 173-303 WAC 

### and has not been assessed a geneLator fee under this chapter 173-305,WAC. If t!le department deteLmines this to be the
case, then such person may he assessed a generatoL fee that is the total of the fees Oiled for each year, after DecembeL 31, 19'32, in

v

### hi.c h he generated hazardous "

..aste but did not pay a fee. (c) For generator :e€s covering hazardous**~~ste ~eneration**  

### in calendar year 1983, the fees assessed shall be one-half of the :ull
t

### ee s set f

### or t

### h in IBC 

### 173-305-040. l'or every y

### s a r t 

### be r eaf t 

### er , full generatoL fees will be assessed. (d) The statement of generator fee provided by the department of

revenue will be a form inclu1ing, but not limited to, the following infoLmation: (i) The na

### ae and address of the person responsible f

### or paying the fee; (ii) The amoant of the generator fee**a~sessed;** 

### (iii) The**nu~ber** 

### and class or classes of identified sites :or

v

### h i.ch a fee is owed a

### nd the fee Oiled for each identified site (if 

### more t har. one) (iv) A' 

### copy of the fee schedule for**gener~t::>Ls** 

### (from WAC 173-305- 

### 040) ; (v) A statement of the due date for payment of the fee and the interest and penalties that could be levied for nonpayrner.t; an1

[ 7s uathen such 

## ------- ----_

.._-- '--,-

OT5-1190:3

(vi) The name, address, a nd telephone n ua be r of a de partaent con- tact**pe~son** for**~c3p0nding** to 1uestions about the fee. (5) Exemption from a r.d reduction of fees. This subsection**desc~ires** who**~ay** be**exerr.pt~d** from a fee, whose fees may be reduced, and**ho~ e~e~ptions**  or**reductio~s** will be granted**o~** deGied. Try initiate a re1uest for**exem~tion** or reduction, the person**s~bject** to a fee**~ho** wishes to make such a request nust complete, sign,**d~te,** and sub-**~it** to the**depa~tm2nt** the form titled 3equest fot**~aiver** of Fee (e vaLl.abLe from the de pa rt ne nt j , '(a) The department will q r a nt an exemption from the :;enen.tor fee
to any ?erson**fo~** any site**~or** which he bas been assessed a fee but**w~ich** is not an i1entified site. =e:ore grantin3 an exemption the**depart~ent** may request**~ny in~ormation**  reasonably**n€cessa~y** to determine whether the**exew~tion** should be granted including, but not**li~­** ited to, information on a person's waste streams, types, and quantities. Upon request by the department, a person must provide such information within**thi~ty** days of the department's request.**Th~** department**~ay** extenl this time limit if it believes there is a rea- sonable tasis for 10ing so. Failure to submit information on time may result in denial of the person's reque st for exemption, or in penalties fo::- late payment of his fee.**(~)** The departmcnt will reluce the generator fee for any person .ho can demonstrate to the department that: (i) The annual gross income apportioned to his**id€ntifi~d** sites is incorrect based on the share of each identified site's annual gross**i:l~ome;** or (ii) The fee assessed for his hazardous wastes is too high based

on the criteria descri.bed in subsection (3) of this section; or (iii) The person generates hazardous waste pnly once a year, or less freguently, as described in WAC 173-305-040(1) (b). Before granting a reduction,**t~e** department ::lay request any**inform~ticn** reasonably necessary to determine whetr.er or how**~uch** reduction is appropriate including,**~ut** not limited to: the share ,of each identified site's annual gross**incom~;** or, for**adjust~ent** based,

on the crLteria , information on haz a r dou s waste types, quantities, and generation rates. Upon request by the department, a person must provide such inforMation within thirty days of the**depart~ent's** request. The department lDay extend this time limit if it uelieves there is 3-**r~asonable** casis for doing so. Failure to submit**infor~ation** on time
may result in denial of the person's request for reduction, or in penalties for late payment of his fee. (c) ,\ Request for waiver of fee must be submitted to the depart-**~ent** by June 30 of the year in which a fee was assessed for the preceding calendar year. Failure to subwit a request on time may result in collection and**enforce~ent** proceedings for failure to payor late payment of a fee. (d) (L) upon receiving '1 completed, s Lqns d , and dated request for waiver of fee from a person, the de pa rtae nt of ecology will temporarily waive the person's fee and will notify the department of revenue to delay collection or**enforcem~nt** proceedings until the person's

r e oue s t has been n r oces s e d . :;xcet:t as o ro vi de d in (e) of this subsec

-**ti~n,** no person**w~o** submits a**tiT~ly re~uest**  for waiver of fee sr.all be subject to any collection or enforcement actions Mhile the department of ecology is**~aking** a final decision on that person's**::-equ~st.** 7'he d e pa rt ce nt of e c o Loqy shall notify**tr.~** pe rsor an" the dep ar tne nt of revenue zeqar di nq a fir.al decision on exemption, r e duct Lon , a ndzcr

new due date (if a nyj • (ii)**~ny** person who is**ulti~ately** exempted**~ro=** ?ayreent of the 1enerator fee will not be subject to any collection or**enforce~ent** actions. (iii) If a person's generator fee is ultimately reduced but still owing, the fi.n a L due date for payee nt of the fee will be '?ither June 30 of the calendar year in**~hich** tr.e fee was assessed, or thirty days**afte~** the**deoartme~t's** final decision, whichever is later. (e) If the de pe rtnen t det.ermines that a person has knowingly**~itted fals~** **infor~ation** regaruing a request for waiver of ree, ar.y temporary waiver or**pay~€nt** deadline extension granted to

[ 8 

### 1**.~",",**

## <·2:~~;'

### OTS-11RO:3**pe~son** 

### will be deeced ineffective. The department may take enforce-**~ent ~ctions**  

### against such person if**h~s** 

### fee is still**o~ed** 

### after June 30, regardless of**~ny teopora~y** **w~iver** 

### or deadline extension that the department oay initially have granted.

WAC**173-305-0~0** 

### SCHEDULE OF**GEN~RATOR** 

### FEES. This section sets f

### or t

### h the amount of the generator fee to be assessed. Subsection (1) of this section,**~escribes** 

### the fees for spe:ific businesses**b~sed** 

### on the criteria established in Ii

### AC 173-305-030(3) and annual gross income categories. Subsection (2) of this section, describes the fees for nonspecific businesses based on annual gross income categories. (1) scbe

### dul,e of generator fees for specific businesses. (a) 'latrix. The matrix at the end of this subsection sets the
amount of the fees for generators in particular risk classes and annual gross income ranges. Based on the annual gross income and the apportionment of income among identified sites,**~nd** 

### on the information obtained in hazardous waste annual reports, persons will be assessed generator fees from the matrix. By finding the risk class in the left**colu~n** 

### and reading over to the apportioned annual gross income, the department will determine the fee for each identified site. A person owning or controlling**~ore** 

### than one identified site will be assessed for the sum of the fees for all of his identified sites.

Specific Business Generator Fee**~atrix** 

### Apportionen Annual Gross Income l



### Risk Class2

G1 :;2 ::>3 

### G4 ,5 :;6 :;7 

### S1,000,000.00 and less

Ci15.00 t40.00**~65.00** 

### 390.00 $115.00 $140.00 S1:0.00 S 

### 1, 000 , 000. 0 1
to li10,000,000.00

$100.00 $300.00**~500.00** 

### t600.00 !675.00 $125.00 5750.00 More than S10,000,000.00

31,000.00 B, 

### 000.00 S5,000.00 $6,000.00 .36,750.00**~7** 

### ,250.00 $7,500.00 ;.



### For procedures for apportioning annual gross income, see WAC 173- 305-030 (2) •

2 

### For procedures for determining risk class, see WhC 173--305-030 (3).

(1::) 

### Once a year generator fee reduction. Any ?erson whose annual hazardous waste quantity does not exceed either 2.0 tons of dangerous

..aste (')W) or 0.5 

### tons 

## 0: extremely hazardous

..aste (::H,l), and who generates hazardous waste only once a year at an identified site will, f

### o r that. identified site, owe only one-half of the full generator fee t.hat**~ould** 

### have been assessed**so~ely** 

### on**t~e** 

### basis 

## 0:**~~ste** 

### type and**~uar.tity.** 

### A person generates hazardous waste only once a**ye~r** 

### if either: All of the person's**ha~ardous** 

### .astes ara generated during one

a

### ont

### h or less of a calendar year; or, in the case of a person who is**u5~ally** 

### a sreall guar.tity generatcr (as described in chapter**173-3~3** HAC), 

### the person's hazardous v

### ast

### e s exceed the small quantity generator exclusion only once during a calendar year. To the extent practical, the department**~ill** 

### try to make the above determinations when calculating a persor.'s generator fee prior to assessment. Any person assessed a generator fee which 1ces**~ot** 

### include the above reduction and who I::elieves that such reduction is applicable, may complete and submit the Request for Waiver of Fee form as described in WAC 173-]05- 030 (5)

.
[ 9 ]

### -----

.. ----

OTS-11aO:3

(21 Schedule of generator fees. for n on s pe cLfi.c bu s i.n e s ses

. (a) SIC list. list of SIC numbers a ppea r s at the end of t hi s

s ubsect i o n , Any pe r s or; whose business a ct i vi ty has an SIC n ua oe r 3?pearing on this list**~ill** be dssesse1 a generator fee if the departIJAnt has concluded, a c c o r d i.nq to**l~AC** 173-305-030(1) (b) (iiI, that his**~o~speci:ic busir.~ss**  utilizes or operates an**i1enti:i~d** site. The

a n o u nt of the fee is established in (b) of this subsection. Proce-**~ures** for a p pcrt i oni nq a n n ua I gross income for nonspecific businesses

are described in ,',;, "3-305-033 (2) (b). SIC List

1000 2865 3412 3662 460) 

### io ei 2869 3423 3670 4610 1099 2fl70 3429 3674 4613 17 21 2873 3433 3676 4'311 2400 2874 3441 3679 4910 2411 287<; 3451 3691 4911 2421 2879 3452 3694 4922 2430 2891 3462 3700 4953 2434 2893 3469 3710 4959 2435 2899 3470 3? 11 50 13 2436 2900 3471 3713 5039 2490 2911 3479 3714 ')063 2491 2951 3490 3715 5084 2500 2992 3496 3720 5035 2510 2999 3498 3721 5098 2511 3000 3499 3724 5100 25.12 3024 3500 3728 5160 2531 3069 3530 3731 5161 2599 3079 3531 3732 5171 2600 3111 3':33 3736 5172 2611 3170 3536 3749 5191 2621 3200 1540 3764 <;210 2631 3211 3541 3769 5·211 2640 3293 3542 3911 ')231

. 

### :

...

### ..,. 2641 3295 3544 3823 5261**~:,,~'.** 2643 3296 3549 3825 5541 2651 3300 3'151 3829 5931 2653 3312 3552 3841 5983 2654 3313 3:55 3842 72 12 2711 3315 3559 3%1 7216 2800 3325 3573 3911 7349 2912 3331 3579 3993 7379 2813 3334 3582 3999 7391 3'116 3339 3599 40' 1 7399 2fl19 3341 3599 4200 7500 2821 3353 :1 600 4210 7530 2831 3:'\55 3610 4214 7539 2334 3356 3612 4226 7542 2841 3361 3622 4266 7692 2842 3398 3624 4400 7694 2'143 339<? 3E39 4411 7699 2850 3400 3646 4463 8071 2q:. 1 31111 3661 4469 8911 9')11 9021 9641

(tl Sche1ule. The generat:>r fees for nonspeci f i c businesses :ire: (i) 1;150.00 for'**e:lc~** ?e r s o n with an apportioned annual gross inco::Je net ill excess 

### :>: one millicn dollars; (ii) ;;750.00 Lor each pe r s o n with an apportioned annual gross i.nco e e in excess of**on~** :ni llion dollars but not exceeding ten :nillion dollars ar.d (i i I. q, 500.00 for each person with an apportioned an nu a I gross income n e xc e s s of ten million dcLla r s .

[ 10 ] 

### 'J

### ~~1 ..' _.1

.... 

### OT3-1180::1**~AC** 

### 173-305-050 COORDIllATION \ilTH THE O::l?ARTMENT OF REV.::NUE. 

### The**~epart~ents** 

### of ecology and revenue will freq1ently be transferring information and working together in the collection of 3enerator fees. This section briefly describes some of the key areas in which the two agencies will**coor~i~ate.** 

### For the sake of clarity, they will be**referre~** 

### to in this section as !cology and Revenue. (1) The primary responsibilities of Ecology are to set**:~es,** 

### jetermine which persons will be assessed,**~nd** 

### establish procedures for adjusting**asseS3~ents.** 

### (2) The primary responsibility of Revenue is to collect generator fees (but not facility fees). (3) Figures on annual gross income for businesses will be obtained from Revenue. Ecology will abide by whatever rules Revenue may have regarding confidentiality of this information. PI) 

### Ecology will notify Revenue pro:nptly of any changes to generator fees for individuals or groups. Revenue will inform Ecology of
current amounts collected and placed in the hazardous waste control and elimination account, and of any generator fees that are overdue. (5) Ecology will calculate any penalties or interest ov ed on overdue generator fees, will perform any adjustments to the generator fee owed by any individual, and vill provide these figures to Revenue for use in their collection proceedings.

WAC 173-305-060 FACILITY F:::ES. This sac t

### i.on describes the methods hy 

### which the department will: Select persons subject to a fee for operating a transfer, treatment, storage, or di 

### s posal, 

### (TSO) facil1t-y (subsection (1) of this section); deter:nine the size of each facility fee based on the types of wastes, TSO activities, waste quantities, risks, etc. (subsection (2) of this se ct.i.ont j 

### a nd, assess the fees for each facility (subsection (3) of this section). The actual schedule of facility fees appears in WAC 173-305-070. Persons who operate a combined site (as defined in WAC 173-305-020) may be sUbject to two fees, however there 

### is a**maximu~** 

### assessment not to be exceeded for

eacr. combined site operated by a person. rhe procedures for· assuring this maximum is not exceeded are described in**~AC** 

### 173-305-080. For the pur poses of WAC 173-305-060 through 173-305-080, the term "operate" means own or c?ntrol; the term "manage" means, in reference to hazardous waste, transfer, treat, store, or dispose (TS'); and recycling shall be considered a form of treatment. (1) Selection of facilities. A facility fee will be assessed to any person who operates a facility which is subject to a permit acministered pursuant 

### to cr.

### act

### er 173-303 \lAC. Any person who operates aore than**o~e** 

### facility subject to a fee shall be responsible for paying all fees assessed to his flcilities. (2) eriteria for iacility 

### fee a nount. This subsect 

### i.on describes the specific risk classes for facilities and the gencral parameters ior fee**a~ounts.** 

### The**s~ecific ~acility**  

### fee amounts are established in WAC 173-305-070 and are related to the risk classes and general fee 01rameters set forth in this subsection. - (a) Facility re0 parameters. ::xcept as provided in WAC 173-305- 

## eso, tht 

### facility fe8 assessei for the management of hazardous waste during a calendar year .ill not exceed f7,SOO.00**f~r** 

### a facility. (b) Facility risk class. Seven f 

### ac Ll.i ty 

### risk classes are established. The· risk classes shall be identified as Fl, F2, F3, F4, P5,

r

## s , and F7, and are graduated vi t

### h :"1 reprasenting the lowest risk and F7 representing the**~ighest** 

### risk. The classes depend OD 

### the type(s) of h az a r dou s s a st

### e (extremely haza r dou s vast

### e (EHW) or dangerous waste

1 1OT5-1190:3**(~W»** and quantities managed at a facility, and the type ts) of aanaje-**~ent** at the fac11ity. The facility risk classes are defined as follo..,s: (i) F1--storage or transfer of lESS than 140.0 tons of OW, or less than 14.0**to~s** of EHW in a calendar year; (ii) F2--storaye or transfer of 140.0 tons or more but less than**~40.0** tons of**~w,** or 14.0 tons or more but less than 

### 3u.O tons of 2HW in a calendar year; (iii) F3--stora"]e or transfer of 340.0 tons OL" more but Les s t ha n SqO.O tens of 

### vi/, or 34.0 t or. s or more but less than 58.0 tons 

## 0: "SHW in a calendar year; or, treatment or incineration of less than 15.0
tons of Ci, or less than 1.5 tons of EHii in a calendar year; (iv) F4--storage or transfer of 580.0 tons or eore 0;: 

### 0.:, or ')8.0
tons or more of 

### EHW ina calendar year; or, treatment or incineration of 15.0 tons or more but less than 30.0 tons of OW, or 1.5 tons OL"

more but less than 3.0 tons of !HW in a calendar year; (v) F5--treatment or incineration of 30.0 tons or more but less**t~ar.** 260.0 tons of DW, or 3.0 tons or more but less**th~n** 26.0 tons of**~qW** in a calendar year; (vi) F6--treatment or incineration of 260.0 tons or more of**O~,** or 26.0 toros or more of EHW in a calendar year; or, disposal of less than 10.0 tons of**O~** in a calendar year; (vii) F7--disposal of 10.0 tons or more of 

### Ow in a calendar year. (c) Assigning facility risk class. The department will assign the highest applicable risk class to a facility. For example, if a facility stores 50 tons of OW during a calendar year (risk class F1) and t reat s 2 tons of EHi during the same calendar year (risk class F4), then the facility will be assigned the facility risk class P4. In addition, the risk class assignable to a storage or treatment facility will be increased to the next highest risk class if fifty**?e~cent** or more of the facility's hazardoas wastes**~re** managed in
.aste piles or**su~face i~poundcents.**  However, no risk class**highe~** than F7 will ever be assigned. Por example, if during a calenear**y~ar** a facility stores ,400 tons of OW in tanks (risk class :3) and t raats , this waste in a surface impoundment (risk class F6), then the bi qh e r risk class, F6, will be increased by one class. Thus, the facility risk class assigned by the**depa~tment** to the facility would be F7. (d) Special'provision for**pe~mit** by rule facilities. A facility which is operating under a permit by**~ule pu~suant**  to wAC 173-303-802 will be assigned, a facility risk class as described in (C) of this subsection.**Hoveve~,** the fee assessed to a permit by r u Le facility will be only ten percent of the full fee specified in wAC 173-305-070 for**th~** risk class assigned**~o** the permit by rule facility. For example, if a permit by rule facility treats 20 tons of 

### EHW in tanks during a calendar**yea~, t~e**  assigned facility risk**cl~ss** would be**~5. P.oweve~,**  the fee assessed to this facility would be ":650.00 (10 percent of 56,500.00, the full fee that would otherwise be assessed to a risk class !'5 facility). This provision is only applicable to those facilities .hich manage**haza~dous ~astes**  solely under a permit by

r uleo (3) Assessment of :acility fees. This subsection desc ri bes the procedu=es f0r assessing,facility fees. (a) Facility fees will bE assessed, for each facility subject to fee, to the person**~ho** operiites the facility. The**de?a~tment** will depend on the i nfo r na ti.on submitted in notifications, permit appli ca**tio~s,** and annual reports to**deter~ine** the pe=son res?on3ible for :lcility fee. A f a ci Lity fee will be consdde r e d paid only after a vllid**~beck o~**  !!loney order for the :ull fee and any**:~crued** interest**and/o~** pEnalties has been delivered to the :lepartment of**~evenue.** (h) (i) A faci Lit y fee

..ill ce owed for each caLenda r year during**w~ich** hazardous waste is managed at the facility. The department will provide a statement of facility fee to each person**operat~~g** a facility by**~,1Jgust** 1, 1913u, for facilities managing hazardous

..aste in calendar year 1983, and by April 15 cf each**yel~** thereafter. The dates :acility fees are due are September 1, 198u, for facilities aan aqi nq ha z a r d ou s waste in ca l en d a r year 1983, and I\ay 15 each year thereafter

:or :acilities managing hazardous .aste in the precejing calendar

12 

### 1 "



## t"'.**~,~~v**r
.'



### .**.~-"** OTS-1180:3

lear. These due**d~tes** will be changed for facility fee**st3te~ents** that are not issued by the applicable deadlines, or for facility fee
statements issued pu rsuent to (b) (ii) of this subsection. ':'he ·final jue date in these cases will be thirty days after the department issues the facility fee statements. Any person who still owes a facility fee after the applicable due date may be subject to collectior. and enforcement actions. (Li.) (A) If a pe r s o n submits a facility a nn uaL report (pursuant to \\dC 173-103-390) to the d e pa r t ae nt and his report is late, then the departc:nt may issue his facility fee statement after the applicable de adLi ne , (B) The department may discover that a**per:s~n** operates a**fa~il** ity, but that he has not been complying with the apFlicable require-**~~nts.** of chapter 173-303 WAC and has not been assesse1 a facility fee under chapter 173-305 WAC. If the department determines this to**~e** the caSE, then such person may be assessed a**fa~ility** fee that is the total of the fees owed for each year, after December 31, 19132, in which his facility managed hazardous waste but for which he lid not pa y a fee. (c) The statement of facility fee provided by the department will be a form including, but not limited to, the following information: (i) The name and address of the assessed facility; (ii) The amount of the facility fee assessed; (iii) The facility class based on the criteria described in subsection (2) of this section; (iv) A copy of the fee schedule for all facilities as shown in liAC 173-305-070; (v) For facilities also subject to a generator fee, the calculations made, pursuant to WAC 173-305-080, to assure that the maximum**co~bined** fee is not exceeded; (vi) A statement of the due date for**pay~ent** of the fee and the interest and penalties that could be levied for nonpayment; and (vii) The name, address, and telephone number of a department
contact person for responding to questions about the fee.



### B:LHCT1Q!**~AC** 173-305-070 SCHEDULE OF FACILITY FEES. The facility risk classes used here refer to the criteria**est~blished** in WAC 173-305- 060 (2). The fees are:

(1) b7<;0.00 

### Eor risk class F1 facilities; (2) $1,500.00 for risk class F2 facilities;
( 3) $4,000.01 for risk class F3 facilities; (4) $5,000.00 for risk class F4 facilities;
(S) SE,5CO.00 for risk class F5 faci li tie s ; (6) $7,250.0'1 for risk class F6 facilities; and (7) $7,500.00 for risk class F7 f ac i,li tie s ,**liZ~_g£I1Q~ W~C**  173-305-080**'\SS~SSr:EllTS** i'03 CO'1BINE!J 

### srrss , (1) Maximum i-:e.**~ny** pe rson vh o operates a hazardous v a ste transfer treatment, storage or disposal ('IS») facility which is also an i1entified site will be subject to both the facility fee and the**gener~tor** fee. At no tioE, heliever, will the sum of both fees eKceed $7,500.00 for a combi.n ei site in ODe year. Any person who operates Clore than one com**bi~ed** site will be responsible for the**su~** of the fees**~ssessed** to each combi ried site. 'Ihe maximum fee <"7,500.00) applies only to each

[13 (

l**-----~-------**

OTS-1190: 3**co~bined** site. and does not aPFly to the sum of the fees assessed to**~ultiple** combined site3 operated by one person. (2\ Ass"!ssme:lt. ,\.t the time that the de pa r t.a eut is c a Lcu Lat i nq the fee for a

vccabi.ned site, it will determir.e the amount of the Jen-**er~tor** fee and the amount of the facility fee to be assessed. If the**s~m** of the two**f~as** exceeds !o7,500.00 for the combined site, ther.**t~e d~partG€nt**  .ill**rec~lculatE** the fees and provide the calculations**~ith** etthar the**gener~tor** or facility fee**state~ent.** When required to recalculate the f:E:es, the de pa r t rnent will subtract either the qen e ra- tor or facility fee**F~~::J** $7,500.00, and the difference will be the f a c Ll Lty or generator fee. For o xa npIe

, if the de pa r t a en t dete rai ne s that the generator fee for a particalar combir.ed site is S5,OOO.OO, and that tHe facility fee is ;5,000.00, the n t.he de p art aent will recalculate the**ge:ler:~tor** or facility fee because the sum of the t.o fees ($10,000.10) exceeds b7,500.00. The recalculation would be**~7,500.00** -**~5.000.00** 

## = $2.500.00, thus the generator or facility fee

assessea in the stdtement for the combined site**~ould** be**~2,SOO.OO.** (3) Adjustments; supplemental fees. If at any ti.n e ther:e is a r e duct Lon in the- '3enerator fee for a combined site (due to the department's q r ant i nq or ar, e xe a pt Lon , r etuct i on , or- reapportionment under IIx

### c 173- 305-030 ('i) or (2) (b) (ii) or (iii) and the fad lity fee for the combined site has been recalculated in accordance vith subsection (2) of this section prior to the generator fee redaction. then the department will adjust the facility fee to reflect the**re~uced** generator :ge and, if necessary. issue a supplemental facility fee statement. If a supplemental facility fee statement is issued, the due date for the sup?lemental fee will be thtrty days after the supplemental statement is issued, whichever is later. An examrle of when a supplemental facility fee would he issued is as follows. The depart-**~ent** determines that a particular combined site owes a generator fee of**~6.000.00** and a facility fee of ii6,500.00. However, because of the limit for combined sites. the depar:tment issues a facility fee statemer.t wl:ic!l assesses Q,500.00 (1i7,500.00 $6,000.00 $1,500.00). Th9 person who operates the combined site pays the $1,500.00**facili~y** fee. but he requests reapportionment of his annual gross income to reduce his generator fee. The department ultimately grants his**re~aest** and his new generator fee is $600.00. which he**th~n** pays. The
person who op£rates the**combin~d** site is now liable for payment of the full $6,500.00 facility fee. because his combined fees do not exceed t7.500.00 (HOO.OO +**~6.500.00** 

## = 57.100.00). Therefore. the department issues supplemental facility fee statement for 35,000.00 ($5.500.00 $1.500.00 (a Lr ea dy paid) 

## = $5.000.00 (unpa i.d balance) which the person who operates- the**co~~ined** sit.e then pays.**~AC** 173-305-090**~DJUST~ENT** 0: ?3FS AND**LIMI~S.** The department will adjust, by rule amendment, the fee schedules of**~AC** 173-305-040 a n.i 173-305-070, a n d the na xi nu m fee limits of 'lAC 173-305-030(3), 173-305-060(2), and 173-305-080(1) hy increasing 0::- decreasing the
awounts set forth :her-ein tv fiVE**~ercent** on each occasion when the

c onsuaer pr-ice index of' the**U~,ited** States department of l a bor**i~creases** or**decreas~s** by a five ?er-cent increment from the inc2x**~~g** u r c as it existed on January 1, 1983.

[ 14

,