AN ACT Relating to the exclusive jurisdiction of the department of social and health services over permitting of alternative on-site sewage disposal systems; amending RCW 70.118.030, 70.118.040, and 90.48.160; and adding new sections to chapter 70.118 RCW.

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

NEW SECTION. Sec. 1. The purpose of this chapter is to place with the department of social and health services exclusive jurisdiction over the permitting of construction, reconstruction, or repair of on-site sewage disposal systems serving existing residential units located on properties abutting the shorelines of the state and to direct the state board of health to enact regulations which will be consistently and uniformly applied throughout the state to permit improvements to existing on-site sewage disposal systems serving existing waterfront residential units under special circumstances.

The legislature finds and declares that the shorelines of this state are one of the state's most valuable resources and that protection of water quality is essential to the health of its citizens. The legislature finds that there is a significant number of residential units along the shoreline served by on-site sewage disposal systems which do not meet existing standards of the state board of health rules and which, due to soils, topography, and lot area, cannot meet such standards. The legislature finds that there are available alternate disposal methods which permit on-site sewage disposal while meeting current water quality standards. The legislature further finds that use of alternative scientific methods should be encouraged in those situations where it would serve to maintain or enhance water quality. Both the department of social and health services and the department of ecology have asserted jurisdiction in the permit process of on-site sewage disposal systems situated on properties abutting the shorelines of this state. The duplicative permit process has discouraged the implementation of alternative on-site sewage disposal methods. Consistent and uniform application of alternative on-site sewage disposal methods throughout this state is in the best interest of its citizens.

NEW SECTION. Sec. 2. (1) The state board of health shall enact uniform state-wide regulations governing the permitting of alternative on-site sewage disposal methods serving residential units located on property abutting the shorelines of the state as defined in RCW 90.58.030, for which conventional on-site sewage disposal systems would not meet standards of the state board of health. The regulations shall include the following requirements:

(a) The alternative system shall provide secondary treatment or its equivalent;

(b) The alternative system shall be designed by a licensed registered professional engineer experienced in on-site wastewater disposal, who shall certify that the construction of the system conforms to the approved design;

(c) The alternative system shall be monitored annually by a licensed registered professional engineer experienced in on-side wastewater disposal to assure that the system continues to provide "secondary treatment" or its equivalent.

(2) No alternative on-site sewage disposal system shall be installed prior to obtaining a permit therefore from the department of social and health services.

Sec. 3. Section 3, chapter 133, Laws of 1977 ex. sess. and RCW 70.118.030 are each amended to read as follows:

Local boards of health shall identify failing septic tank drainfield systems in the normal manner and will use reasonable effort to determine new failures. Discretionary judgment will be made in implementing corrections by specifying nonwater-carried sewage disposal devices or other alternative methods of treatment and effluent disposal as a measure of ameliorating existing substandard conditions. Local regulations shall be consistent with the intent and purposes stated herein. Corrective measures implemented under this section shall be in compliance with regulations established by the state board of health under section 2 of this 1988 act.

Sec. 4. Section 4, chapter 133, Laws of 1977 ex. sess. and RCW 70.118.040 are each amended to read as follows:

With the advice of the secretary of the department of social and health services, local boards of health are hereby authorized to waive applicable sections of local plumbing and/or building codes that might prohibit the use of an alternative method for correcting a failure. Alternative methods allowed under this section shall be in compliance with regulations established by the state board of health under section 2 of this 1988 act.

Sec. 5. Section 1, chapter 71, Laws of 1955 as last amended by section 3, chapter 155, Laws of 1973 and RCW 90.48.160 are each amended to read as follows:

Any person who conducts a commercial or industrial operation of any type which results in the disposal of solid or liquid waste material into the waters of the state, including commercial or industrial operators discharging solid or liquid waste material into sewerage systems operated by municipalities or public entities which discharge into public waters of the state, shall procure a permit from either the department or the thermal power plant site evaluation council as provided in RCW 90.48.262(2) before disposing of such waste material: PROVIDED, That this section shall not apply to any person discharging domestic sewage only into a sewerage system. Any person receiving a permit under section 2 of this 1988 act shall not be required to obtain a waste disposal permit under this chapter.

The department may, through the adoption of rules, eliminate the permit requirements for disposing of wastes into publicly operated sewerage systems for:

(1) Categories of or individual municipalities or public corporations operating sewerage systems; or

(2) Any category of waste disposer;

if the department determines such permit requirements are no longer necessary for the effective implementation of this chapter.

NEW SECTION. Sec. 6. Sections 1 and 2 of this act are each added to chapter 70.118 RCW.