2248-S

AN ACT Relating to sewage disposal; amending RCW 70.118.050; adding a new section to chapter 70.05 RCW; adding new sections to chapter 70.118 RCW; adding a new section to chapter 56.04 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature recognizes that there has been considerable growth in the number of options available for on-site treatment and disposal of sewage in recent years, increasing the potential for development of sites in which conventional sewage systems will not work. The legislature finds that, despite these technological advances, barriers to wide scale application of alternative systems exist. Therefore, the legislature finds that barriers to the installation of alternative on-site sewage systems that have already been approved for general use should be accurately identified and removed.

NEW SECTION. Sec. 2. A new section is added to chapter 70.05 RCW to read as follows:

(1) The local health officer must respond to the applicant for an on-site sewage system permit within thirty days after receiving a fully completed application. The local health officer must respond that the application is either approved, denied, or pending.

(2) If the local health officer denies an application to install an on-site sewage system, the denial must be for cause and based upon public health and environmental protection concerns, or conflicts with other existing laws, regulations, or ordinances. The local health officer shall provide the applicant with a written justification for the denial, along with an explanation of the procedure for appeal.

(3) If the local health officer identifies the application as pending and subject to review beyond thirty days, the local health officer shall provide the applicant with a written justification that the site-specific conditions or circumstances necessitate a longer time period for a decision on the application. The local health officer must include any specific information necessary to make a decision and the estimated time required for a decision to be made.

(4) A local health officer may not limit the number of alternative sewage systems within his or her jurisdiction without cause. Any such limitation must be based upon public health and environmental protection concerns, or conflicts with other existing laws, regulations, or ordinances. If such a limitation is established, the local health officer must justify the limitation in writing, with specific reasons, and must provide an explanation of the procedure for appealing the limitation.

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

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

(2) The legislative authority of a county or city must respond to the applicant for an on-site sewage system permit within thirty days after receiving a fully completed application. The legislative authority must respond that the application is either approved, denied, or pending.

(3) If the legislative authority denies an application to install an on-site sewage system, the denial must be for cause and based upon public health and environmental protection concerns, or conflicts with other existing laws, regulations, or ordinances. The legislative authority shall provide the applicant with a written justification for the denial, along with an explanation of the procedure for appeal.

(4) If the legislative authority identifies the application as pending and subject to review beyond thirty days, the legislative authority shall provide the applicant with a written justification that the site-specific conditions or circumstances necessitate a longer time period for a decision on the application. The legislative authority must include any specific information necessary to make a decision and the estimated time required for a decision to be made.

(5) A legislative authority of a county or city may not limit the number of alternative sewage systems within its jurisdiction without cause. Any such limitation must be based upon public health and environmental concerns, or conflicts with other existing laws, regulations, or ordinances. If such a limitation is established, the legislative authority must justify the limitation in writing, with specific reasons, and must provide an explanation of the procedure for appealing the limitation.

NEW SECTION. Sec. 4. A new section is added to chapter 70.118 RCW to read as follows:

The department of health must include a person who is familiar with the operation and maintenance of certified proprietary devices on the technical review committee responsible for evaluating and making recommendations to the department of health regarding the general use of alternative on-site sewage systems in the state.

NEW SECTION. Sec. 5. A new section is added to chapter 56.04 RCW to read as follows:

As an alternative means to forming a sewer district, a county legislative authority may authorize the formation of a sewer district to serve a new development that at the time of formation does not have any residents, if it finds that the formation of such a district is in the public interest. The county legislative authority shall appoint the initial sewer commissioners of the district. The commissioners shall serve until seventy-five percent of the development is sold and occupied. The developer shall notify the county auditor to conduct an election once seventy-five percent of the development is sold and occupied. Commissioners serving under this section are not entitled to any form of compensation from the district.

NEW SECTION. Sec. 6. A new section is added to chapter 70.118 RCW to read as follows:

In order to assure that technical guidelines and standards keep pace with advancing technologies, the department of health in collaboration with the technical review committee, local health departments, and other interested parties, shall review and update as appropriate, the state guidelines and standards for alternative on-site sewage disposal every three years. The first review and update shall be completed by January 1, 1997.