SENATE BILL REPORT

ESHB 1369

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

Promoting improvements of waterfront sewer systems.

House Committe on Environmental Affairs

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):March 22, 1989; March 27, 1989

Majority Report:  Do pass as amended.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Barr, Kreidler, Owen.

Senate Staff:Atsushi Kiuchi (786-7708)

                  March 30, 1989

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, MARCH 27, 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 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 may 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.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Effective Date:November 1, 1989

SUMMARY OF PROPOSED SENATE AMENDMENTS:

"BOD5" is the proper designation for water quality standards for "biochemical oxygen demand."

The fecal coliform bacteria standard is added to the water quality standard requirements for the new on-site system.

Low-flow plumbing fixtures shall be required for residences that are expanded under the provisions of this act.

January 1, 1990 is established as the deadline for the Board of Health to set nutrient loading standards in those areas where public health or shellfish resources are threatened.

A report by appropriate committees on on-site sewage regulations and practices is required by the 1990 legislative session.

Senate Committee - Testified: Representative Brough, original sponsor (for); Bill White, Clallam County Health Director (against); Steve Wecker, consultant (against); Bill Taylor, Northwest Oyster Growers Association (against); Phil Nicoli (for); Terry Arca, Ekofinn (for); Fred Collins, Ekofinn (for); Ralph Ferguson, Juniper Beach Co-Op Water Association (against)