BP BHEAD INT H

AN ACT Relating to sewage disposal; amending RCW 70.118.050; adding a new section to chapter 70.05 RCW; adding new a section 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 the disposal of on-site sewage in recent years. The legislature also recognizes that local health officers have been unable to keep abreast of the many technological improvements in this area. The legislature finds that this lack of technical expertise poses a significant barrier to the development of sites in which conventional sewage disposal systems will not work. The legislature therefore finds that barriers to the installation of alternative on-site sewage disposal systems that have already been approved for general use should be removed unless there is scientific evidence that warrants limiting the use of such systems.

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

(1) A local health officer may not prohibit or condition the installation of an alternative on-site sewage disposal system that meets the requirements of standard 40 of the national sewage foundation, and has been approved by the national sewage foundation and the department of health, unless there are specific findings supported by scientific evidence that the installation of such a system will be detrimental to the public health or the environment. The local health officer must make these findings within fifteen days after the submission of a fully completed application to install an alternative on-site sewage disposal system.

(2) A local health officer may not limit the number of alternative on-site sewage disposal systems within his or her jurisdiction unless there are specific findings supported by scientific evidence that it will be detrimental to the public health or environment if a limit is not imposed.

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) If an alternative on-site sewage disposal system meets the requirements of standard 40 of the national sewage foundation, and has been approved by the national sewage foundation and the department of health, the installation of the system may not be prohibited or conditioned unless there are specific findings supported by scientific evidence that the installation of such a system will be detrimental to the public health or environment.

(3) The legislative authority of a county, city, or town may not limit the number of alterative on-site sewage disposal systems within its jurisdiction unless there are specific findings supported by scientific evidence that it will be detrimental to the public health or environment if a limit is not imposed.

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 aerobic systems on the technical review committee responsible for evaluating the general use of alternative on-site sewage disposal systems in the state.

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

As 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 pursuant to this section are not entitled to any form of compensation from the district.