HOUSE BILL ANALYSIS
2SSB 5821
Brief Description: Regulating designers of on-site wastewater treatment systems.
Sponsors: Senators Eide and Morton
Hearing: March 29, 1999
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Brief Summary of Bill
$A license is required for persons who design on-site wastewater treatment systems. Inspectors of on-site wastewater treatment systems must be certified to have the same level of knowledge required for the designers of the on-site wastewater treatment systems.
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BACKGROUND:
In 1997, the Legislature directed the Department of Health to create a work group that would develop recommendations to the Legislature regarding a certification program for occupations related to onsite septic systems. The Onsite Wastewater Certification Work Group returned recommendations relating to bonding levels and other standards for people employed in these occupations and risk analysis relating to the installation and maintenance of different types of septic systems in different parts of the state.
In 1998, the Legislature directed the Departments of Health and Licensing to convene an advisory committee to develop legislation to license designers of onsite septic systems and a certification program for inspectors of onsite septic systems.
An on‑site septic (sewage) system is the most common method of sewage treatment and disposal for homes that are not on a public sewer line. A septic system consists of a tank and a drain field where the wastewater slowly seeps into the soil. Proper septic systems treat the sewage before it reaches ground and surface waters. Poorly designed or malfunctioning systems cause odor and water pollution. Failed septic systems represent a significant health hazard because domestic wastewater contains household hazardous substances, bacteria, viruses, and other microorganisms that are potentially harmful to people.
Approximately 650,000 systems currently exist in the state. Most systems before 1980 were designed by employees of local health agencies. Today, most systems are designed by private individuals. A designer matches site characteristics (soil depth and texture, slope and topography, drainage patterns, etc.) with the appropriate on-site sewage technology. The designer then may act as the contractor during installation.
Many of these local health authorities, such as local boards of health, have adopted ordinances permitting construction and licensing designers of on-site sewage systems. Most require that the jurisdiction review plans created by on-site septic system designers prior to installation and inspect systems after construction. A 1997 survey indicated that 25 of the 33 local health jurisdictions had some form of designer program, and in three counties only licensed engineers are allowed to perform design work. Otherwise, qualifications for licenses and permitting standards differ from jurisdiction to jurisdiction.
If a designer performs faulty or inadequate work, a consumer=s remedy is civil action in court or to lodge a complaint with the individual jurisdictional health authority. The local health authorities may be able to take action on a locally issued designer=s license to prevent further harm. There is no central or statewide reporting or recording system for monitoring consumer complaints.
In 1989, Superior Court declared that local boards of health did not have the authority to license or permit non-engineers to design on-site sewage systems that have minimum a flow rate of 3,500 gallons per day. The court determined that this was engineering work which only the Board of Registration for Professional Engineers could regulate.
At least five other states license designers of on-site septic systems.
SUMMARY OF BILL:
A licensing program for designers of on-site wastewater treatment systems is established in the Department of Licensing under the jurisdiction of the Board of Professional Engineers and Land Surveyors. The statewide licensing program provides for uniform application of design practices, standards for designs, and individual qualifications. The department must create a committee to advise the board and the department on licensing requirements, examinations, and the administration of the program.
Until the licensing program is fully operational in 2003, the department may issue practice permits as an interim license. License applicants must pass a written examination and meet education and experience requirements.
Employees of local health jurisdictions who inspect, review, or approve the design and construction of on-site systems must obtain a certificate of competency from the department.
As with other professional licensing programs, the program is structured to be self-sufficient on license and application fees. A work group is directed to study and recommend financial assurances of on-site wastewater practitioners including on-site system designers' responsibility for system failures that affect structure and property values.
Regulatory Bodies
CThe Department of Licensing.
CThe Board of Professional Engineers & Land Surveyors.
CThe On-site Wastewater Treatment System Advisory Committee.
Director=s Authority
CAppoints members to the advisory committee.
CEstablishes fees.
CEmploys administrative & investigation staff.
CThe director is immune from civil or criminal liability in performance of his/her duties, except intentional misconduct.
Board=s Authority
CRule-making.
CAdminister licensing exams.
CIssue licenses.
CConduct investigation of complaints alleging violations.
CConduct adjudicative proceedings.
CIssue investigative subpoenas.
CTake disciplinary action.
CBoard members are immune from civil or criminal liability in performance of their duties, except intentional misconduct.
Advisory Committee
Consists of five members who;
Care conversant with on-site wastewater treatment systems,
Care eligible to be a licensee,
Chave seven years continuous experience with on site wastewater treatment systems,
Cappointed by the director to give geographic diversity to the board,
Cserve maximum three year terms, except the initial appointees who will serve staggered terms,
Cmembers may only serve two terms before taking at least one year off, and
Cmembers may be removed for just cause.
Has the authority to make recommendations regarding;
Cdevelopment and adoption of rules,
Cdevelopment and content of examinations and standards of practice,
Creview of complaints and investigations, and
Cother duties deemed necessary by the director or the board.
Unprofessional Conduct & Discipline
CConduct and acts that are considered unprofessional conduct are specified.
CAny person may file a complaint alleging a violation.
CPracticing without a license is a misdemeanor after July 1, 2000.
CThe board may discipline licensees & permit holders for violations of the chapter by;
Creprimand,
Csuspension, revocation or denial of a license or practice permit, or
Cfines not to exceed $1,000 for each violation.
Practice Permits
CIssued to persons currently authorized by a local jurisdiction to design on-site wastewater treatment systems.
CIssued starting July 1, 2000.
CAllows a holder to practice on-site design services until July 1, 2003.
CPermits apply only in the local area that the designer was authorized to practice.
Licensing
CPrior to July 1, 2003, all wastewater treatment system designers must have a license or a practice permit.
CAfter July 1, 2003 all wastewater treatment system designers must have a license.
CLicenses replace local jurisdiction licenses starting on July 1, 2000.
CLocal jurisdictions, the Department of Health and the Department of Ecology retain the authority to;
Cadminister local codes,
Cissue permits for construction,
Cevaluate soils and site conditions, and
Cperform design work as authorized in the Board of Health rules.
Requirements for licensure are;
Cpass an examination,
Chave a high school diploma or GED, and
Chave four years experience, or two years experience and two years of education.
Application for a license must;
Cswear to meeting the education and work experience requirement,
Chave two references verifying experience, and
Cpay an application fee.
License Renewal
CLicenses are valid for one year, unless the director modifies the duration of licenses.
CIf a license is not renewed within two years, it is canceled and the person must reapply.
CThe board will set continuing professional education requirements.
Exemptions from Licensure
CLicensed professional engineers.
CSupervised employees of licensed engineers or licensed wastewater treatment system designers.
CPersons holding licenses issued by another state, if the other state=s licensing requirements are similar to Washington=s.
Certificate of Competency
CIssued to local jurisdiction inspectors who pass the licensing examination to allow them to carry out their duties without a license.
CRenewable on payment of a fee.
CHolders of certificates may not provide on-site wastewater treatment system services without a license.
Dedicated Operating Account
CAll fees and fines are paid into a dedicated account.
CFunds appropriated must be for the purpose of the chapter.
Program Evaluation
CBy July 2005, the Departments of Licensing and Health will evaluate the program.
CBy July 1999, a work group will study bonding, or other financial assurance requirements.
CRecommendations will be given to the Department of Licensing and the Governor.
RULES AUTHORITY: The bill does contain provisions addressing the rule making powers of an agency.
FISCAL NOTE: Available.
EFFECTIVE DATE: Ninety days after adjournment of a session in which bill is passed.