6081-S AME ENA AMH-55
SSB 6081 - H COMM AMD
By Committee on Environmental Affairs
ADOPTED AS AMENDED 3/4/94
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that chemical additives do, and that other types of additives may, contribute to septic system failure and ground water contamination. In order to determine which ingredients of nonchemically based additive products have adverse effects on public health or the environment, it is necessary to submit such products to a review procedure.
The purpose of this act is: (1) To establish a timely and orderly procedure for review and approval of on-site sewage disposal system additives; (2) to prohibit the use, sale, or distribution of additives having an adverse effect on public health or the water quality of the state; (3) to require the disclosure of the contents of additives that are advertised, sold, or distributed in the state; and (4) to provide for consumer protection.
Sec. 2. RCW 70.118.020 and 1993 c 321 s 2 are each amended to read as follows:
As used in this chapter, the terms defined in this section shall have the meanings indicated unless the context clearly indicates otherwise.
(1) "Nonwater-carried sewage disposal devices" means any device that stores and treats nonwater-carried human urine and feces.
(2) "Alternative methods of effluent disposal" means systems approved by the department of health, including at least, mound systems, alternating drain fields, anaerobic filters, evapotranspiration systems, and aerobic systems.
(3) "Failure" means: (a) Effluent has been discharged on the surface of the ground prior to approved treatment; or (b) effluent has percolated to the surface of the ground; or (c) effluent has contaminated or threatens to contaminate a ground water supply.
(4)
"Additive" means any commercial product intended to affect the ((internal))
performance or aesthetics of an on-site sewage disposal system.
(5) "Department" means the department of health.
(6) "On-site sewage disposal system" means any system of piping, treatment devices, or other facilities that convey, store, treat, or dispose of sewage on the property where it originates or on nearby property under the control of the user where the system is not connected to a public sewer system. For purposes of this chapter, an on-site sewage disposal system does not include indoor plumbing and associated fixtures.
(7) "Chemical additive" means those additives containing acids, bases, or other chemicals deemed unsafe by the department for use in an on-site sewage disposal system.
(8) "Additive manufacturer" means any person who manufactures, formulates, blends, packages, or repackages an additive product for sale, use, or distribution within the state.
Sec. 3. RCW 70.118.060 and 1993 c 321 s 3 are each amended to read as follows:
(1) After July 1,
1994, a person may not use, sell, or distribute ((an)) a chemical
additive to on-site sewage disposal systems ((unless such additive has been
specifically approved by the department. The department may approve an
additive if it can be demonstrated to the satisfaction of the department that
the additive has a positive benefit, and no adverse effect, on the operation or
performance of an on-site sewage system. Upon written request by an additive
manufacturer or distributor for product evaluation,)).
(2) After January 1, 1996, no person shall use, sell, or distribute any on-site sewage disposal additive whose ingredients have not been approved by the department.
(3) Each manufacturer of an on-site sewage disposal system additive that is sold, advertised, or distributed in the state shall submit the following information to the department: (a) The name and address of the company; (b) the name of the product; (c) the complete product formulation; (d) the location where the product is manufactured; (e) the intended method of product application; and (f) a request that the product be reviewed.
(4) The department
shall adopt rules providing the criteria, review, and decision-making
procedures to be used in reviewing on-site sewage disposal additives for use,
sale, or distribution in the state. The criteria shall be designed to
determine whether the additive has an adverse effect on public health or water
quality. The department may charge a fee sufficient to cover the costs of
evaluating the additive, including the development of ((standards)) criteria
and review procedures.
(((2))) The
fee schedule shall be established by rule.
(5) The department shall issue a decision as to whether a product registered pursuant to subsection (3) of this section is approved or denied within forty-five days of receiving a complete evaluation as required pursuant to subsection (4) of this section.
(6) Manufacturers shall reregister their product as provided in subsection (3) of this section each time their product formulation changes. The department may require a new approval for products registered under this subsection prior to allowing the use, sale, or distribution within the state.
(7) The department may contract with private laboratories for the performance of any duties necessary to carry out the purpose of this section.
(8) The attorney general or appropriate city or county prosecuting attorney is authorized to bring an appropriate action to enjoin any violation of the prohibition on the sale or distribution of additives, or to enjoin any violation of the conditions in section 5 of this act.
(((3))) (9)
The department is responsible for providing written notification to ((major distributors
and wholesalers of)) additives manufacturers of the ((state-wide
prohibition on additives)) provisions of this section and sections 4 and
5 of this act. The notification shall be provided no later than ((October
1, 1993)) thirty days after the effective date of this section.
Within thirty days of notification from the department, ((distributors and
wholesalers)) manufacturers shall provide the same notification to
their distributors, wholesalers, and retail customers. ((The
department shall also provide notification to major distributors and
wholesalers of additive products that have been approved.))
NEW SECTION. Sec. 4. A new section is added to chapter 70.118 RCW to read as follows:
The department shall hold confidential any information obtained pursuant to RCW 70.118.060 when shown by any manufacturer that such information, if made public, would divulge confidential business information, methods, or processes entitled to protection as trade secrets of the manufacturer.
NEW SECTION. Sec. 5. A new section is added to chapter 70.118 RCW to read as follows:
(1) Each manufacturer of a certified and approved additive product advertised, sold, or distributed in the state shall:
(a) Make no claims relating to the elimination of the need for septic tank pumping or proper septic tank maintenance;
(b) List the components of additive products on the product label, along with information regarding instructions for use and precautions;
(c) Make no false statements, design, or graphic representation relative to an additive product that is inconsistent with RCW 70.118.060, section 4 of this act, or this section; and
(d) Make no claims, either direct or implied, about the performance of the product based on state approval of its ingredients.
(2) A violation of this section is an unfair act or practice in violation of the consumer protection act, chapter 19.86 RCW.
NEW SECTION. Sec. 6. A new section is added to chapter 70.118 RCW to read as follows:
The department may not use funds appropriated to implement an element of the Puget Sound water quality authority plan to conduct any activity required under chapter . . ., Laws of 1994 (this act).
NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
--- END ---