WAC 246-294-030   Application and issuance of operating permits.  (1) No person may operate and no owner shall permit the operation of a Group A water system unless the owner annually submits an application along with the required fee to the department and the department has issued an operating permit to the system owner. Any owner operating a system may continue to operate until the department takes final action on granting or denying the operating permit, in accordance with WAC 246-294-050.

     (2) The department shall mail an application to water systems annually using a schedule that is based on the size and type of water system.

     (3) In addition to the regularly scheduled issuance of annual operating permits, new or revised operating permits shall be required when:

     (a) The owner of a new Group A system receives all required department approvals relating to water system operation (see WAC 246-294-030(4)); or

     (b) Ownership of a Group A system changes (see WAC 246-294-060).

     (4) The department may also issue a revised operating permit when there is a change in a systems compliance that necessitates a change to a different permit category.

     (5) New Group A systems shall be sent operating permit applications at the time construction documents are submitted to the department for approval. The deadline for submitting the completed application and full payment to the department shall be the same date as:

     (a) The Construction Completion Report required by WAC 246-290-120(5); or

     (b) The existing system as-built approval required by WAC 246-290-140.

     (6) Initial and renewal applications shall be based on information from the most recent WFIs on file with the department, and sent to owners on an annual basis. In the case of a SMA, the department will send a complete list of systems owned, along with the corresponding system identification numbers. The SMA shall verify the information, make corrections or additions and then return the list with the application.

     (7) Upon receipt of the application, the owner or other legally authorized person shall:

     (a) Complete portions of the form which need completing;

     (b) Ensure that information on the form is accurate;

     (c) Sign the form; and

     (d) Return the application to the department within seventy days of the department's mailing date, accompanied by the applicable fee.

     (8) The applicable fee shall be in the form of a check or money order made payable to the "Department of Health" or successor organization as designated by the department and mailed in accordance with the directions on the application.

     (9) Systems which do not return operating permit applications along with the required fee by the deadline specified on the notice shall:

     (a) Not be issued an operating permit; and

     (b) Be subject to the enforcement provisions in WAC 246-294-090.

     (10) An additional charge of ten percent or twenty-five dollars, whichever is greater, shall be added to the applicable fee listed in WAC 246-294-070 if the owner fails to return the completed application with applicable fee to the department within seventy days of the department's mailing date.

     (11) The department shall review each submitted application. Any changes made on the application by the applicant shall be evaluated by the department and may result in an update of the system's WFI form, which would be reflected on the next renewal application.

     (12) If after issuing an operating permit, the department determines that the permit holder has made false statements, the department may, in addition to taking other actions provided by law, revise both current and previously granted permit fee determinations and charge the owner accordingly.

     (13) If the department discovers that an owner has been operating a system without an operating permit and such system is covered by the requirements of this chapter, the department may charge the owner an operating permit fee plus permit fees owed for each year, including late fees, since the effective date of this chapter.



[Statutory Authority: Chapter 70.119A RCW. 04-06-047, § 246-294-030, filed 3/1/04, effective 4/1/04; 93-03-047 (Order 325), § 246-294-030, filed 1/14/93, effective 2/14/93.]