_______________________________________________
SUBSTITUTE
HOUSE BILL 1667
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1993 Regular Session
State
of Washington 53rd Legislature 1993
Regular Session
By
Read first time 02/22/93.
Prohibiting additives for on-site sewage
disposal systems.
AN ACT Relating to on-site sewage additives;
amending RCW 70.118.020; adding a new section to chapter 70.118 RCW; and
creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec. 1.
The legislature finds that most additives do not have a positive effect on the
operation of on-site systems and can contaminate ground water aquifers, render
septic drainfields dysfunctional, and result in costly repairs to homeowners.
It is therefore the intent of the legislature to ban the use, sale, and
distribution of additives within the state unless an additive has been
specifically approved by the department of health.
Sec. 2.
RCW 70.118.020 and 1991 c 3 s 367 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.
NEW SECTION. Sec. 3. A
new section is added to chapter 70.118 RCW to read as follows:
(1) After July 1, 1994, a person may not use,
sell, or distribute an 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, the
department may charge a fee sufficient to cover the costs of evaluating the
additive, including the development of standards and review procedures.
(2) 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. (3) The department is responsible for providing written
notification to major distributors and wholesalers of additives of the
state-wide prohibition on additives. The notification shall be provided no
later than October 1, 1993. Within thirty days of notification from the
department, distributors and wholesalers shall provide the same notification to
their retail customers. The department shall also provide notification to
major distributors and wholesalers of additive products that have been
approved.
Passed the House April 20, 1993.
Passed the Senate April 12, 1993.
Approved
by the Governor May 12, 1993.
Filed in Office of Secretary of State May 12,
1993.
