1418-S

AN ACT Relating to state and county government; and amending RCW 43.20.050, 70.118.020, 70.118.030, 70.118.040, and 70.118.050.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 43.20.050 and 1993 c 492 s 489 are each amended to read as follows:

(1) The state board of health shall provide a forum for the development of public health policy in Washington state. It is authorized to recommend to the secretary means for obtaining appropriate citizen and professional involvement in all public health policy formulation and other matters related to the powers and duties of the department. It is further empowered to hold hearings and explore ways to improve the health status of the citizenry.

(a) At least every five years, the state board shall convene regional forums to gather citizen input on public health issues.

(b) Every two years, in coordination with the development of the state biennial budget, the state board shall prepare the state public health report that outlines the health priorities of the ensuing biennium. The report shall:

(i) Consider the citizen input gathered at the forums;

(ii) Be developed with the assistance of local health departments;

(iii) Be based on the best available information collected and reviewed according to RCW 43.70.050 and recommendations from the council;

(iv) Be developed with the input of state health care agencies. At least the following directors of state agencies shall provide timely recommendations to the state board on suggested health priorities for the ensuing biennium: The secretary of social and health services, the health care authority administrator, the insurance commissioner, the superintendent of public instruction, the director of labor and industries, the director of ecology, and the director of agriculture;

(v) Be used by state health care agency administrators in preparing proposed agency budgets and executive request legislation;

(vi) Be submitted by the state board to the governor by January 1 of each even-numbered year for adoption by the governor. The governor, no later than March 1 of that year, shall approve, modify, or disapprove the state public health report.

(c) In fulfilling its responsibilities under this subsection, the state board may create ad hoc committees or other such committees of limited duration as necessary.

(2) In order to protect public health, the state board of health shall:

(a) Adopt rules necessary to assure safe and reliable public drinking water and to protect the public health. Such rules shall establish requirements regarding:

(i) The design and construction of public water system facilities, including proper sizing of pipes and storage for the number and type of customers;

(ii) Drinking water quality standards, monitoring requirements, and laboratory certification requirements;

(iii) Public water system management and reporting requirements;

(iv) Public water system planning and emergency response requirements;

(v) Public water system operation and maintenance requirements;

(vi) Water quality, reliability, and management of existing but inadequate public water systems; and

(vii) Quality standards for the source or supply, or both source and supply, of water for bottled water plants.

(b) Adopt rules and standards for prevention, control, and abatement of health hazards and nuisances related to the disposal of wastes, solid and liquid, including but not limited to sewage, garbage, refuse, and other environmental contaminants; adopt standards and procedures governing the design, construction, and operation of sewage, garbage, refuse and other solid waste collection, treatment, and disposal facilities. Standards for on-site sewage disposal systems shall be advisory only. The board shall provide technical assistance to local jurisdictions concerning regulation of on-site sewage systems;

(c) Adopt rules controlling public health related to environmental conditions including but not limited to heating, lighting, ventilation, sanitary facilities, cleanliness and space in all types of public facilities including but not limited to food service establishments, schools, institutions, recreational facilities and transient accommodations and in places of work;

(d) Adopt rules for the imposition and use of isolation and quarantine;

(e) Adopt rules for the prevention and control of infectious and noninfectious diseases, including food and vector borne illness, and rules governing the receipt and conveyance of remains of deceased persons, and such other sanitary matters as admit of and may best be controlled by universal rule; and

(f) Adopt rules for accessing existing data bases for the purposes of performing health related research.

(3) The state board may delegate any of its rule-adopting authority to the secretary and rescind such delegated authority.

(4) All local boards of health, health authorities and officials, officers of state institutions, police officers, sheriffs, constables, and all other officers and employees of the state, or any county, city, or township thereof, shall enforce all rules adopted by the state board of health. In the event of failure or refusal on the part of any member of such boards or any other official or person mentioned in this section to so act, he or she shall be subject to a fine of not less than fifty dollars, upon first conviction, and not less than one hundred dollars upon second conviction.

(5) The state board may advise the secretary on health policy issues pertaining to the department of health and the state.

Sec. 2. RCW 70.118.020 and 1994 c 281 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~~)) a local board of health for that jurisdiction, 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)) a condition of an on-site sewage system that threatens the public health by creating a potential for direct or indirect contact between sewage and the public.

(4) "Additive" means any commercial product intended to affect the 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 70.118.030 and 1977 ex.s. c 133 s 3 are each amended to read as follows:

Local boards of health shall adopt regulations concerning on-site sewage disposal systems, shall identify failing septic tank drainfield systems in the normal manner, and ((~~will~~)) shall use reasonable effort to determine new failures. Local boards of health shall use discretionary judgment ((~~will be made~~)) in implementing corrections by specifying nonwater-carried sewage disposal devices or other alternative methods of treatment and effluent disposal as a measure of ameliorating existing substandard conditions. Local regulations shall be consistent with the intent and purposes stated ((~~herein~~)) in this chapter.

Local on-site sewage disposal system regulations shall be applicable to local soil conditions and shall assure protection of public health. Local health districts shall regularly assess on-site sewage disposal system performance and establish a program to enhance maintenance and operation of on-site sewage disposal systems.

Sec. 4. RCW 70.118.040 and 1991 c 3 s 368 are each amended to read as follows:

((~~With the advice of the secretary of the department of health,~~)) Local boards of health ((~~are hereby authorized to~~)) may waive applicable sections of local plumbing and/or building codes that might prohibit the use of an alternative method for correcting a failure.

Sec. 5. RCW 70.118.050 and 1989 c 349 s 3 are each amended to read as follows:

If the ((~~legislative authority of a county or city~~)) local board of health finds that more or less restrictive standards than ((~~those contained in section 2 of this act or~~)) those ((~~adopted~~)) advised by the state board of health for on-site sewage disposal systems ((~~allowed under section 2 of this act~~)) or limitations on expansion of a residence are necessary ((to)) or appropriate and ensure protection of the public health, attainment of state water quality standards, and the protection of shellfish and other public resources, the ((~~legislative authority~~)) local board of health may adopt ordinances or resolutions setting standards as they may find necessary for implementing their findings. The ((~~legislative authority may~~)) local board of health shall identify the geographic areas where it is necessary to implement the ((~~more restrictive~~)) variant standards. In addition, the ((~~legislative authority may~~)) local board of health shall adopt standards for the design, construction, maintenance, and monitoring of on-site sewage disposal systems that meet the intent of the state board of health guidelines.