H-0725.2          _______________________________________________

 

                                  HOUSE BILL 1457

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Representatives Haugen, Wilson and Zellinsky.

 

Read first time January 30, 1991.  Referred to Committee on Environmental Affairs.Prohibiting additives for on-site sewage disposal systems.


     AN ACT Relating to on-site sewage additives; amending RCW 70.118.020; adding a new section to chapter 70.118 RCW; creating a new section; and prescribing penalties.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     NEW SECTION.  Sec. 1.      The legislature finds that additives do not have a positive effect on the operation of on-site systems.  The legislature further finds that additives can contaminate ground water aquifers, render septic drainfields dysfunctional, and result in costly repairs to homeowners.  It is therefore the intent of the legislature to ban the use, sale, and distribution of additives within the state.

 

     Sec. 2.  RCW 70.118.020 and 1977 ex.s. c 133 s 2 are each amended to read as follows:

     As used in this chapter, the terms defined in this section shall have the meanings indicated unless the context clearly indicates otherwise.

     (1) "Nonwater-carried sewage disposal devices" means any device that stores and treats nonwater-carried human urine and feces.

     (2) "Alternative methods of effluent disposal" means systems approved by the department of social and health services, including at least, mound systems, alternating drain fields, anaerobic filters, evapotranspiration systems, and aerobic systems.

     (3) "Failure" means:  (a) Effluent has been discharged on the surface of the ground prior to approved treatment; or (b) effluent has percolated to the surface of the ground; or (c) effluent has contaminated or threatens to contaminate a ground water supply.

     (4) "Additive" means any product added to an on-site sewage disposal system for the purpose of reducing the frequency of removal of septage from an on-site system.

     (5) "Department" means the department of health.

 

     NEW SECTION.  Sec. 3.  A new section is added to chapter 70.118 RCW to read as follows:

     (1) After July 1, 1991, a person may not use, sell, or distribute an additive to on-site sewage disposal systems.

     (2) A person in violation of this section is guilty of a civil penalty not to exceed fifty dollars per offense.  Each unit of additive used or sold in violation of this section is considered a separate offense.  The department and local departments of health shall issue a warning to consumers and retailers in violation of this section prior to issuing a civil penalty.

     (3) The department is responsible for notifying major distributors and wholesalers of additives, of the state-wide prohibition on additives.