State of Washington
65th Legislature
2017 Regular Session
By Senate Local Government (originally sponsored by Senators Angel, Fortunato, Takko, Fain, Sheldon, and Hobbs)
AN ACT Relating to state board of health rules regarding on-site sewage systems; and amending RCW 43.20.050.
Sec. 1.  RCW 43.20.050 and 2011 c 27 s 1 are each amended to read as follows:
(1) The state board of health shall provide a forum for the development of public health policy in Washington state. It is authorized to recommend to the secretary means for obtaining appropriate citizen and professional involvement in all public health policy formulation and other matters related to the powers and duties of the department. It is further empowered to hold hearings and explore ways to improve the health status of the citizenry.
In fulfilling its responsibilities under this subsection, the state board may create ad hoc committees or other such committees of limited duration as necessary.
(2) In order to protect public health, the state board of health shall:
(a) Adopt rules for group A public water systems, as defined in RCW 70.119A.020, necessary to assure safe and reliable public drinking water and to protect the public health. Such rules shall establish requirements regarding:
(i) The design and construction of public water system facilities, including proper sizing of pipes and storage for the number and type of customers;
(ii) Drinking water quality standards, monitoring requirements, and laboratory certification requirements;
(iii) Public water system management and reporting requirements;
(iv) Public water system planning and emergency response requirements;
(v) Public water system operation and maintenance requirements;
(vi) Water quality, reliability, and management of existing but inadequate public water systems; and
(vii) Quality standards for the source or supply, or both source and supply, of water for bottled water plants;
(b) Adopt rules as necessary for group B public water systems, as defined in RCW 70.119A.020. The rules shall, at a minimum, establish requirements regarding the initial design and construction of a public water system. The state board of health rules may waive some or all requirements for group B public water systems with fewer than five connections;
(c) Adopt rules and standards for prevention, control, and abatement of health hazards and nuisances related to the disposal of human and animal excreta and animal remains;
(d) Adopt rules controlling public health related to environmental conditions including but not limited to heating, lighting, ventilation, sanitary facilities, and cleanliness in public facilities including but not limited to food service establishments, schools, recreational facilities, and transient accommodations;
(e) Adopt rules for the imposition and use of isolation and quarantine;
(f) Adopt rules for the prevention and control of infectious and noninfectious diseases, including food and vector borne illness, and rules governing the receipt and conveyance of remains of deceased persons, and such other sanitary matters as may best be controlled by universal rule; and
(g) Adopt rules for accessing existing databases for the purposes of performing health related research.
(3)(a) The state board shall adopt rules for the design, construction, installation, operation, and maintenance of those on-site sewage systems with design flows of less than three thousand five hundred gallons per day.
(b) Rules under this subsection (3) must not require:
(i) A use permit to be conditioned with a requirement for a monitoring contract between a private company and a private individual or property owner;
(ii) Dedicated easements for the inspection, maintenance, or potential future expansion of an on-site sewage system; or
(iii) Replacement of an existing on-site sewage system if a repair returns the system to its previously permitted or original functioning state.
(4) The state board may delegate any of its rule-adopting authority to the secretary and rescind such delegated authority.
(5) All local boards of health, health authorities and officials, officers of state institutions, police officers, sheriffs, constables, and all other officers and employees of the state, or any county, city, or township thereof, shall enforce all rules adopted by the state board of health and are encouraged to observe the same rule limitations as the state board of health under subsection (3) of this section. In the event of failure or refusal on the part of any member of such boards or any other official or person mentioned in this section to so act, he or she shall be subject to a fine of not less than fifty dollars, upon first conviction, and not less than one hundred dollars upon second conviction.
(6) The state board may advise the secretary on health policy issues pertaining to the department of health and the state.
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