AN ACT Relating to
on-site sewage additives; amending RCW 70.118.020 and 70.118.060; adding new
sections to chapter 70.118 RCW; creating a new section; and declaring an
emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
"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.
