1750-S AMS WINS S3273.2

SHB 1750 - S AMD - 487

By Senators Winsley and Prentice

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  A new section is added to chapter 35.67 RCW to read as follows:

    Cities, towns, or counties may not require existing mobile home parks to replace existing, functional septic systems with a sewer system within the community unless the local board of health determines that the septic system is failing.

    Local boards of health shall identify failing septic tank drainfield systems in mobile home parks in the normal manner and will use reasonable effort to determine new failures.  The local health officer or his or her designee may apply for an administrative search warrant to a court official authorized to issue a criminal search warrant.  The warrant may only be applied for after the local health officer has requested inspection of the person's property pursuant to the specific administrative plan in this section and the person has refused the health officer or his or her designee access to the person's property.  Timely notice must be given to any affected person that a warrant is being requested and the person may be present at any court proceeding to consider the requested search warrant.  The court official may issue the warrant upon probable cause.  It is sufficient probable cause to show the inspection, examination, test, or sampling is in response to visible evidence in the drainfield or other proximate area that indicates the probability of system failure, or results of scientifically recognized tests of ground or surface water in the area that indicate the probability of system failure.  A specific administrative plan must be developed expressly in response to the pollution.  The local health officer shall submit the plan to the court as part of the justification for the warrant.  The plan must include each of the following elements:

    (1) The overall goal of the inspection;

    (2) The location and identification by address of the properties being authorized for inspection by the health officer;

    (3) Requirements for giving the person owning the property notice of the plan, its provisions, and times of any inspections;

    (4) The survey procedures to be used in the inspection;

    (5) The criteria that would be used to define an on-site sewage system failure; and

    (6) The follow-up actions that would be pursued once an on-site sewage system failure has been identified and confirmed.

    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."

SHB 1750 - S AMD - 487

By Senators Winsley and Prentice

    On page 1, line 1 of the title, after "systems;" strike the remainder of the title and insert "and adding a new section to chapter 35.67 RCW."

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