WSR 08-03-065

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


[ Filed January 14, 2008, 1:31 p.m. ]

Subject of Possible Rule Making: Chapter 246-272B WAC, Large on-site sewage system (LOSS) regulations.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.118B.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The legislature adopted ESSB 5894 (chapter 70.118B RCW) in 2007 expanding the department of health's (DOH) authority for permitting LOSS from an upper limit of 14,500 gallons per day (gpd) to 100,000 gpd and requiring all owners of large on-site sewage systems to have operating permits by July 1, 2009. Chapter 246-272B WAC needs to be revised to meet the requirements of this legislation. The revisions will include applicable siting, design, construction, and installation requirements as well as operating permit requirements. For systems over 14,500 gpd, the legislation also directs DOH to adopt rules for public notification about new permits and major modifications to existing systems.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Prior to the passage of ESSB 5894, department of ecology was responsible to permit LOSS 14,500 gpd and larger. DOH will work closely with the department of ecology during this rule-making process to ensure a smooth transfer of authority.

Process for Developing New Rule: DOH is developing a rule advisory committee to provide input on the rules. Opportunities to provide comments on developing drafts will also be available through the DOH web site. Please contact Denise Lahmann, below, for more information.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Denise Lahmann, e-mail denise.lahmann@doh.wa.gov, phone (360) 236-3348, or P.O. Box 47824, Olympia, WA 98504-7824.

January 14, 2008

Mary C. Selecky

Secretary

Washington State Code Reviser's Office