[atlas:bill]

AN ACT Relating to on-site sewage disposal systems; amending RCW 70.118.020; adding a new section to chapter 70.118 RCW; adding a new section to chapter 18.210 RCW; creating new sections; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature enacted chapter 263, Laws of 1999 to help address problems with failing septic systems. As part of chapter 263, Laws of 1999, a work group was created to develop recommendations regarding financial assurances of on-site sewage disposal system practitioners, including bonding, insurance, risk pools, and similar methods. This work group submitted its recommendations to the legislature on December 1, 1999. Recommendations developed by the work group include the development of a data collection system that documents the number and types of systems, locations within the state by region, the frequency of repair, and the diagnosed factors leading to repair, as well as the development of a model program that identifies the authorities, roles, and responsibilities of the designer, installer, and homeowner.

The legislature recognizes that a major source of nonpoint pollution is failing on-site sewage disposal systems. The 1999-2001 Puget Sound water quality work plan, developed by the Puget Sound water quality action team, indicates that local governments have reported failure rates for on-site sewage disposal systems of up to twenty-five percent along the shoreline of Puget Sound. Pollution from these failing systems poses a risk to public health and water quality, and significantly impacts the shellfish industry. The general public is also exposed to significant health risks when sewage is discharged upon the ground or into surface or ground waters. The legislature finds that the public health and water quality can be better protected by: The development of better data; the development of clear lines of responsibility between the designer, installers, and homeowners; and clarifications to the existing law regarding on-site sewage disposal systems.

NEW SECTION. Sec. 2. The legislature recommends the state board of health consider requiring the installation of inspection portals in on-site wastewater treatment systems through the adoption of rules or incorporation in on-site sewage system operations and maintenance guidelines.

Sec. 3. 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, including at least, mound systems, alternating drainfields, 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; or (d) a drainfield, sand filter, or mound that has become saturated. For purposes of this subsection, "saturated" means an inability to fully absorb wastewater, which may be exhibited by a pumped tank filling from the backflow from the drainfield, sand filter, or mound. A failing system does not include those systems that are either temporarily frozen during winter or temporarily saturated due to the occurrence of a flooded stream or river.

(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.

NEW SECTION. Sec. 4. The department of health shall develop a model program pertaining to on-site sewage disposal systems that describes the authorities, roles, and responsibilities of designers, installers, and homeowners. In developing the model program, the department shall involve local health jurisdictions, owners of on-site sewage disposal systems, designers and installers of on-site sewage disposal systems, and builders. The meetings to develop the model program shall be open to the public, and time shall be allocated at each meeting to receive public comment. The model program has no binding effect on the liability of any party, but shall be used in the future development of a cost-effective performance-based recovery system for consumers of on-site sewage disposal systems. The model shall give consideration to long-term performance warranties provided to the owners of these on-site systems. Design criteria in this model should address peak flow limitations. The department of health shall report its recommendations and model to the office of financial management and the appropriate legislative committees by July 1, 2002.

NEW SECTION. Sec. 5. The department of health shall develop recommendations for establishing a statewide system of risk assessment data for on-site sewage disposal systems. The department shall consult with local health jurisdictions in developing the recommendations. The recommendations shall address how local governments will maintain and transmit information to the department pertaining to on-site sewage disposal systems, and how this information will be used by local health jurisdictions to determine appropriate siting, design, and inspection protocols. Information that shall be considered when developing the recommendations for the system of risk assessment data include the number and types of on-site sewage disposal systems, the frequency of repair by geographic regions, factors leading to repair by general category, and funding for the state and local governments to develop and maintain the system of data. Nothing in this section requires a local board of health to collect information concerning why an on-site sewage disposal system failed prior to the development of the system. The department of health shall submit its recommendations to the office of financial management and the appropriate legislative committees by January 1, 2002.

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

Whenever a local health officer determines that a person has intentionally discharged effluent onto the surface of the ground, or into surface or ground water, or has installed a bypass to an on-site sewage disposal system that results in such a discharge, and the person causing the discharge is an installer, pumper, or other on-site sewage disposal system professional subject to department of health guidelines for on-site sewage disposal system work, the local board of health must suspend the license, certification, permit, or other authority of the on-site sewage disposal system professional for a minimum of thirty days. The suspension under this section is in addition to any civil or criminal penalty that may be imposed by the local board of health or the department of health. This section does not apply when the discharge is authorized by a local health officer as the only realistic method of final disposal of treated effluent. This section does not apply to designers of on-site sewage disposal systems, who are subject to section 7 of this act for intentional discharges of effluent.

NEW SECTION. Sec. 7. A new section is added to chapter 18.210 RCW to read as follows:

When a local health officer determines that a designer has intentionally discharged effluent onto the surface of the ground, or into surface or ground water, or has installed a bypass to an on-site sewage disposal system that results in such a discharge, the local health officer shall report the incident to the board. The board, acting pursuant to RCW 18.210.030, shall suspend the license or practice permit of the designer for a minimum of thirty days. The suspension shall be in addition to any civil or criminal penalty that may be imposed. An intentional discharge of effluent in violation of this section constitutes malpractice under RCW 18.210.020. This section does not apply when the discharge is authorized by a local health officer as the only realistic method of final disposal of treated effluent.