WSR 04-03-010

PREPROPOSAL STATEMENT OF INQUIRY

STATE BOARD OF HEALTH


[ Filed January 9, 2004, 8:51 a.m. ]

Subject of Possible Rule Making: The State Board of Health has directed the Department of Health (DOH) to begin rule making to revise chapter 246-272B WAC, the rules regarding large on-site sewage systems (LOSS). These rules include design, construction, installation, management and operation requirements for LOSS. The rule revision will consider jurisdictional relationships between local health jurisdictions, DOH and the Department of Ecology as they relate to LOSS. Design criteria for wastewater tanks will also be considered.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.20.050.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: LOSS and wastewater tank design and construction are approved by DOH. DOH recommends that design criteria and standards for both LOSS and wastewater tanks that are currently in guidance be placed into rule.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: LOSS are regulated by the Departments of Health and Ecology. Some local health jurisdictions have chosen to regulate LOSS through a contract with DOH. DOH will establish a committee to advise the department of rule revisions that will have representatives of local health jurisdictions and the Department of Ecology.

Process for Developing New Rule: DOH and the State Board of Health are forming a workgroup of interested parties to assist with the development of these rules. Further public input will be solicited through mailings and workshops.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The State Board of Health welcomes public comment on this proposal and invites interested parties to attend workgroup meetings or provide written comments. For information about the rule revision process or to obtain a draft revised chapter 246-272B WAC when available, please contact Jeanne Robitaille, LOSS Rule Development Committee Meeting Coordinator, (509) 456-4431, jeanne.robitaille@doh.wa.gov, or Marianne Seifert, Washington State Board of Health, P.O. Box 47990, Olympia, WA 98504, (360) 236-4103, e-mail marianne.seifert@doh.wa.gov.

January 8, 2004

Don Sloma

Executive Director

Legislature Code Reviser 

Register

Washington State Code Reviser's Office