Revised Code of Washington

Wash. Rev. Code § 36.36.040 (2026)

Use of fee revenues

✓ current as of May 2026
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Aquifer protection areas may impose fees to fund:
(1) The preparation of a comprehensive plan to protect, preserve, and rehabilitate subterranean water, including groundwater management programs adopted under chapter 90.44 RCW. This plan may be prepared as a portion of a county sewerage and/or water general plan pursuant to RCW 36.94.030;
(2) The construction of facilities for: (a) The removal of waterborne pollution; (b) water quality improvement; (c) sanitary sewage collection, disposal, and treatment; (d) stormwater or surface water drainage collection, disposal, and treatment; and (e) the construction of public water systems;
(3) The proportionate reduction of special assessments imposed by a county, city, town, or special district in the aquifer protection area for any of the facilities described in subsection (2) of this section;
(4) The costs of monitoring and inspecting on-site sewage disposal systems or community sewage disposal systems for compliance with applicable standards and rules, and for enforcing compliance with these applicable standards and rules in aquifer protection areas created after June 9, 1988; and
(5) The costs of: (a) Monitoring the quality and quantity of subterranean water and analyzing data that is collected; (b) ongoing implementation of the comprehensive plan developed under subsection (1) of this section; (c) enforcing compliance with standards and rules relating to the quality and quantity of subterranean waters; and (d) public education relating to protecting, preserving, and enhancing subterranean waters.
[ 1991 c 151 s 2; 1988 c 258 s 1; 1985 c 425 s 4.]
Notes of Decisions
Cited in 2 cases, 1997–1997 · leading case: Smith v. Spokane Cnty., 948 P.2d 1301 (Wash. Ct. App. 1997).
Smith v. Spokane Cnty., 948 P.2d 1301 (Wash. Ct. App. 1997). · cites it 6× “RCW 36.36.040. To create an aquifer protection area, a county must conduct a public hearing, adopt a resolution, and submit the issue to a vote of the electorate in the proposed protection area.”
Smith v. Spokane Cnty., 948 P.2d 1301 (Wash. Ct. App. 1997). · cites it 6× “RCW 36.36.040. To create an aquifer protection area, a county must conduct a public hearing, adopt a resolution, and submit the issue to a vote of the electorate in the proposed protection area.”
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