WSR 97-14-057

EXPEDITED REPEAL

DEPARTMENT OF HEALTH

[Filed June 30, 1997, 11:01 a.m.]

The Following Sections are Proposed for Expedited Repeal: Chapter 246-203 WAC, General sanitation, this chapter addresses a wide range of sanitation issues, necessary to control the spread of communicable diseases. The sections selected for expedited repeal are WAC 246-203-080 Pollution of ground water prohibited, 246-203-090 Stream pollution, 246-203-100 Disposal of human excreta, 246-203-110 Kitchen and laundry water, 246-203-140 Stagnant water, 246-203-150 Highway sanitation, 246-203-160 Sanitation of public buildings, 246-203-170 Objectionable establishments and industrial wastes, and 246-203-180 Piggeries.

Chapter 246-271 WAC, Public sewage, provides the department the authority to regulate the planning, layout and operation of municipal wastewater systems. Provides the Department of Health with investigative powers to determine if a public water supply of public health may be impacted from a wastewater system and the authority to issue orders to correct the situation. The sections selected for expedited repeal are WAC 246-271-070 Operation of sewage treatment plants--Efficiency, 246-271-080 Operation of sewage treatment plants--Freedom from sand and silt, and 246-271-110 Use of sewage sludge for fertilizer.

Chapter 246-280 WAC, Recreational shellfish beaches, this chapter establishes procedures for evaluating the sanitary quality of recreational shellfish beaches. The sections selected for expedited repeal are WAC 246-280-040 Marine water quality testing, 246-280-050 Shellfish meat quality standards and testing, and 246-280-080 Public information and notification.

Chapter 246-290 WAC, Public water supplies, establishes fundamental requirements for public water systems, defined in accordance with the federal Safe Drinking Water Act, for facilities construction, system operation source and distribution monitoring, and record keeping; establishes water quality criteria for public health protection; delineates basic planning requirements for continued water system operation and reliability. The sections selected for expedited repeal are WAC 246-290-500 Severability and 246-290-680 Operating criteria for new water treatment facilities.

Chapter 246-291 WAC, Group B public water systems, the purpose of this chapter is to provide regulatory oversight of 10,000 + very small public water systems which have less than 14 services and therefore are not subject to SDWA requirements. The section selected for expedited repeal is WAC 246-291-370 Severability.

Chapter 246-374 WAC, Outdoor music festivals, sets minimum sanitation standards for outdoor music festivals. The provisions for regulating food safety, sewage, and drinking water are covered under other existing rules. Local jurisdictions may enact ordinances to address specific music festival issues, including the administrative provision in this rule. The sections selected for expedited repeal are WAC 246-374-050 Water supply, 246-374-060 Sewage disposal, 246-374-080 Solid waste, 246-374-100 Food service, and 246-374-130 Water recreation standards.

Chapter 246-376 WAC, Camps, this rule sets minimum sanitation requirements for recreation, vacation and religious camps. It was developed before there were local zoning, subdivision or land use codes to cover the creation and operation of camps, parks and recreational vehicle sites. Sections of this rule are no longer needed because all counties must have a process in place to deal with subdivisions and land use, which include camps and parks. The sanitation elements of these activities are addressed in existing rules. Local jurisdictions may enact ordinances to address specific recreational camp issues. The sections selected for expedited repeal are WAC 246-376-050 Water supply, 246-376-080 Sewage and liquid waste disposal, 246-376-100 Food handling, and 246-376-110 Swimming pools, wading pools and bathing beaches.

Chapter 246-360 WAC, Transient accommodations, this chapter regulates facilities offering three or more lodging units to guests for periods of less than one month; sets licensure and sanitation standards. The sections selected for expedited repeal are WAC 246-360-060 Swimming pools, spas, hot tubs, wading pools, bathing beaches, 246-360-170 Travel trailers and mobile homes, and 246-360-210 Separability.

Chapter 246-710 WAC, Coordinated children's services, this chapter establishes the State Board of Health role in implementing regulations to carry out the crippled childrens services program administered by the Department of Social and Health Services. The section selected for expedited repeal is WAC 246-710-040 Funding ceilings for neuromuscular program and neuromuscular centers.

Chapter 246-762 WAC, Scoliosis screening--School districts, this chapter creates the examination process and requirements for the screening of scoliosis in school-age children. The sections selected for expedited repeal are WAC 246-762-060 Distribution of rules and procedures and 246-762-070 Exemptions from examinations--Screening waivers.

Rules Proposed for Expedited Repeal Meet the Following Criteria: Statute on which the rule was based has been repealed and has not been replaced by another statute providing statutory authority for the rule; rule is no longer necessary because of changed circumstances; and other rules of the agency or of another agency govern the same activity as the rule, making the rule redundant.

Any person who objects to the repeal of the rule must file a written objection to the repeal within thirty days after publication of this preproposal statement of inquiry.

Address Your Objection to: Nicolas Garcia, Acting Regulatory Affairs Manager, Washington State Department of Health, 1112 Southeast Quince Street, Mailstop 7890, Olympia, WA 98504-7890.

Reason the Expedited Repeal of the Rule is Appropriate: WAC 246-203-080, this section is duplicative of Department of Ecology rules and authority, chapter 173-200 WAC.

WAC 246-203-090, this section is duplicative of Department of Ecology rules and authority, chapters 173-201A and 173-226 WAC.

WAC 246-203-100, this section is duplicative with the sewage rules chapter 246-272 WAC.

WAC 246-203-110, this section is duplicative with the sewage code chapter 246-272 WAC.

WAC 246-203-140, conflicts or redundant with Department of Ecology/state wetlands policy, chapter 183-22 [173-22] WAC.

WAC 246-203-150, duplicative with chapter 246-215 WAC, Food safety; chapter 246-290 WAC, Drinking water; chapter 246-282 WAC, Sewage; and chapter 173-304 WAC, Solid waste.

WAC 246-203-160, other housing and building codes cover these topics: The Uniform Building Code for lighting/ventilation; and chapter 246-290 WAC, Drinking water, and chapter 246-272 WAC, Sewage.

WAC 246-203-170, these rules are redundant with rules that already address zoning, air quality, wastewater, and other Department of Labor and Industries/Department of Ecology regulations.

WAC 246-203-180, these rules are redundant with Department of Ecology/Department of Agriculture rules, including chapter 16-12 WAC, Diseased animals; chapter 173-201A WAC, Water pollution; chapter 173-304 WAC, Solid waste; and chapter 173-400 WAC, Air pollution and odors.

WAC 246-271-070 and 246-271-080, these sections are duplicative with chapter 90.48 RCW regarding water quality.

WAC 246-271-110, this section conflicts with Department of Ecology solid waste rules, chapter 173-304 WAC.

WAC 246-280-040, this concept is covered adequately in WAC 246-280-030(1) Water quality criteria and standards.

WAC 246-280-050, meat sampling is not being done. Low priority parameter for assessing risk. Concept of chemical toxicity is covered adequately in WAC 246-280-020(2) Recreational shellfish beach classification.

WAC 246-280-080, this type of information is no longer needed because of changed circumstances. This type of information is more appropriate for placement in guidelines, not regulation.

WAC 246-290-500, separability clauses restate RCW, making the section redundant.

WAC 246-290-680, contains requirements that are redundant to other parts of WAC 246-290-676.

WAC 246-291-370, separability clauses restate RCW 43.70.920, making the section redundant.

WAC 246-374-050, this regulation is duplicative of provisions in chapter 246-290 WAC, Public water supplies.

WAC 246-374-060, this regulation is duplicative of chapter 246-272 WAC.

WAC 246-374-080, this rule is duplicative of chapter 173-304 WAC.

WAC 246-374-100, this rule is duplicative of chapter 246-215 WAC, Food service and chapter 246-217 WAC, Food worker permits.

WAC 246-374-130, this rule is duplicative of WAC 246-260-180 Bathing beaches.

WAC 246-376-050, this section is duplicative with chapter 246-290 WAC, Public water supplies.

WAC 246-376-080, this section is duplicative with chapter 246-272 WAC.

WAC 246-376-100, this section is duplicative with chapter 246-215 WAC, Food service.

WAC 246-376-110, this section is duplicative with chapter 246-260 WAC, Water recreation facilities.

WAC 246-360-060, this rule directs licensees to comply with chapters 70.90 RCW and 246-260 WAC, Water recreation facilities. Other Department of Health rules, chapter 246-260 WAC, Water recreation facilities, govern the same activity, making this rule redundant.

WAC 246-360-170, directs licensees to comply with chapters 296-150A and 296-150B WAC, making the section duplicative.

WAC 246-360-210, this rule is restating the RCW, making this rule redundant. The inclusion of the separability clause in the rule is found in other facilities and services licensing rules, but it has been determined that this practice is unnecessary and redundant.

WAC 246-710-040, this section is not needed because the program is not an entitlement program, and by its very nature has ceilings placed upon it through the budget development process.

WAC 246-762-060, this section is redundant with RCW 28A.210.220.

WAC 246-762-070, this section is unnecessary because it reiterates and refers the reader back to RCW 28A.210.240 and 28A.210.230. RCW 28A.210.230 was repealed in 1991.

June 30, 1997

Sylvia I. Beck

Executive Director

Legislature Code Reviser

Register

Washington State Code Reviser's Office