HOUSE BILL REPORT

 

 

                                   ESHB 1369

                           As Amended by the Senate

 

 

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives Brough and Rust)

 

 

Promoting improvements of waterfront sewer systems.

 

 

House Committe on Environmental Affairs

 

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (9)

      Signed by Representatives Rust, Chair:  Valle, Vice Chair:  D. Sommers, Ranking Republican Member:  Brekke, G. Fisher, Pruitt, Schoon, Van Luven and Walker.

 

Minority Report:  Do not pass.  (3)

      Signed by Representatives Fraser, Phillips and Sprenkle.

 

      House Staff:Bonnie Austin (786-7107)

 

 

                         AS PASSED HOUSE MARCH 8, 1989

 

BACKGROUND:

 

The State Board of Health is authorized to adopt standards governing the design and operation of on-site sewage (septic tank) systems.  Permits are required for the installation, alteration, extension, or relocation of on-site sewage systems. Local boards of health issue these permits, enforce the standards, and may adopt more stringent local standards.

 

At many saltwater-front sites in the state, conventional on-site sewage systems are unsuitable because the lot is not large enough for the drainfield or because of a high water table, poor soil or other poor drainage conditions.  A variety of on-site sewage treatment technologies exist or are currently being developed as alternatives to conventional septic tank systems.  The Department of Social and Health Services (DSHS) has established a technical review committee to adopt guidelines for the use of these alternative systems.  An alternative system may be permitted for use if it is certified as meeting the committee's guidelines.

 

However, the size limitations or geological conditions at some saltwater-front sites are such that no alternative system is currently permitted.  Many owners of these saltwater-front sites would like to expand, remodel or replace their homes, but connection to an existing public sewer utility is not feasible because of the distance involved and formation of a community sewer system is expensive.

 

Another concern is the increasing number of existing, failing on-site sewage systems on saltwater-front homes.  Effluent from these failing systems flows onto beaches and into shellfish beds and marine waters.  In 1988, the legislature directed DSHS to propose rules identifying standards for repair of existing, failing on site sewage disposal systems at single family residences adjacent to marine waters.  DSHS presented a proposal to the State Board of Health in December of 1988.  The State Board of Health has not yet taken action on this proposal.

 

Pursuant to the direction of the Puget Sound Water Quality Authority Plan, the State Board of Health is in the process of revising its regulations for on-site sewage systems. DSHS estimates that this process will be complete in October.

 

SUMMARY:

 

Owners of single family residences which are adjacent to marine waters or from which untreated sewage is discharged directly into marine waters may remodel, expand, or replace the residence if the existing on-site sewage treatment facilities are repaired or replaced so that the resulting system meets state water quality discharge standards for biochemical oxygen demand (BOD) and total suspended solids (TSS).

 

The State Board of Health and city and county legislative authorities are authorized to adopt more restrictive standards to ensure the protection of public health, shellfish, and other public resources and to ensure the attainment of water quality standards.

 

DSHS and city or county legislative authorities may identify geographic areas where it is necessary to implement more restrictive standards.  DSHS may propose, and city or county legislative authorities may adopt, standards for the design, construction, maintenance, and monitoring of sewage disposal systems. City and county legislative authorities may also adopt ordinances to limit the expansion of residences.

 

This act will take effect on November 1, 1989, unless the State Board of Health adopts standards for the replacement and repair of sewage disposal systems located on property adjacent to marine waters by October 31, 1989.  If these standards are not adopted by October 31, 1989, or if they fail to address nutrient loading and bacteria levels, the State Board of Health is required to adopt nutrient loading and bacteria levels by January 1, 1990.

 

EFFECT OF SENATE AMENDMENTSA performance standard of 200 MPN/100 ml fecal coliform bacteria is required for repaired or replaced systems.  This replaces language directing the board to adopt bacteria levels by January 1, 1990.

 

Residences which are expanded under these new standards must use low-flow plumbing fixtures.

 

Under the House bill, the act would not take effect if the board adopted repair and replacement standards by October 31, 1989.

 

Under the Senate version, only section II will not take effect if the board takes the required action.  The legislative intent to allow expansion of residences, local authority to adopt more restrictive standards, and the legislative committee study sections would take effect regardless of board action.

 

The House Environmental Affairs Committee, along with the Senate committee, is required to investigate on-site sewage regulation and practices and ways to ensure long-term maintenance and operation of these systems and report to the Legislature by the 1990 session.

 

Fiscal Note:      Not Requested.

 

Effective Date:November 1, 1989.  (Will not take effect if State Board of Health adopts specified standards by October 31, 1989.)

 

House Committee ‑ Testified For:    Representative Jean Marie Brough; Dave Rogers; George Lindsey, EKOFINN; Terry Arca.

 

House Committee - Testified Against:      Eric Slagle, DSHS; Beverly Lingle, State Board of Health; Ed O'Brien, Department of Ecology; Steve Wecker; and Stan Springer, Department of Ecology.

 

House Committee - Testimony For:    Many waterfront sewage treatment systems are failing or are undersized.  Alternative treatment systems are available but have not been permitted.  Some alternate systems provide treatment comparable to or better than municipal secondary treatment;  the standards proposed in the bill are three times as stringent as those required for secondary treatment.

 

House Committee - Testimony Against:      Rules are currently being developed and will be completed by mid-1989.  Discharge into inland waters also needs to be regulated.  This bill would encourage proliferation of sub- standard systems and could increase total sewage output.  Complex sewage systems require trained operators.  This bill might eliminate incentives to participate in community sewage treatment systems.

 

VOTE ON FINAL PASSAGE:

 

      Yeas 92; Nays 3; Excused 3

 

Voting Nay: Representatives Phillips, Sprenkle and Wilson K.

 

Excused:    Representatives Day, Dellwo and Hankins