BILL REQ. #:  H-2522.1 

READ FIRST TIME 03/07/05.   

     AN ACT Relating to managing on-site sewage disposal systems in marine areas; amending RCW 43.20.050 and 90.71.100; adding a new chapter to Title 70 RCW; and creating new sections.

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

NEW SECTION.  Sec. 1   The legislature finds that a significant portion of the state's residents live in homes served by on-site sewage disposal systems, and that many new residences will be served by these systems. The legislature recognizes that properly functioning on-site sewage disposal systems provide for the protection of water quality, and that many other factors are contributing to water quality degradation in marine waters. The legislature further finds that improperly functioning on-site sewage disposal systems in marine areas of special concern may contaminate water, resulting in significant public health and environmental problems. The legislature further finds that local programs designed to identify and correct failing on-site sewage disposal systems have proven effective in reducing and eliminating public health and environmental hazards, improving water quality, and reopening previously closed shellfish areas. The legislature further finds that a partnership is necessary among the state, local, and private sector to develop successful local programs with adequate funding and the tools to identify and repair failing on-site sewage disposal systems. Therefore, the legislature finds that local programs must be established in marine areas of special concern to inventory existing on-site sewage disposal systems, identify and repair failing systems, develop data bases capable of sharing information regarding on-site sewage disposal systems, and monitor results to demonstrate programs are working and public health and the environment are protected.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Board" means the state board of health.
     (2) "Department" means the department of health.
     (3) "Failure" means a condition of an on-site sewage disposal system or component that threatens the public health or environment by inadequately treating sewage or by creating a potential for direct or indirect contact between sewage and the public. Examples of failure include:
     (a) Sewage on the surface of the ground;
     (b) Sewage backing up into a structure;
     (c) Sewage leaking from a sewage tank or collection system;
     (d) Cesspools or seepage pits;
     (e) Inadequately treated effluent contaminating ground water or surface water; or
     (f) Noncompliance with a standard stipulated on a permit issued by the department or local health department.
     (4) "Marine area of special concern" means an area of definite boundaries where the local health officer, or the department in consultation with the health officer, determines additional requirements for on-site sewage disposal systems may be necessary to reduce potential failures or minimize negative impacts of on-site sewage disposal systems on public health or the environment.
     (5) "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.
     (6) "Unknown system" means an on-site sewage disposal system that was installed without the knowledge or approval of the local health jurisdiction, including those that were installed before the approval was required.

NEW SECTION.  Sec. 3   (1) By July 1, 2007, and thereafter, the local health officers of health jurisdictions in the twelve counties bordering Puget Sound where a marine area of special concern has been designated under subsection (5) of this section shall each develop and approve an on-site sewage disposal system program implementation plan that will guide the local health jurisdiction in the development and management of all on-site sewage disposal systems within the marine areas of special concern within its jurisdiction.
     (2) For purposes of this chapter, the local health jurisdictions in counties bordering Puget Sound are Clallam, Island, Kitsap, Jefferson, Mason, San Juan, Seattle-King, Skagit, Snohomish, Tacoma-Pierce, Thurston, and Whatcom.
     (3) The on-site sewage disposal system program implementation plan for the marine area of special concern must include how the local health jurisdiction will:
     (a) By July 1, 2010, and thereafter, unless an extension is granted by the department under section 5 of this act, find failing systems and ensure system owners make necessary repairs;
     (b) By July 1, 2010, and thereafter, unless an extension is granted by the department under section 5 of this act, find unknown systems and ensure they are inspected and repaired;
     (c) Identify the additional requirements for operation, maintenance, and monitoring that are commensurate with the risks posed by on-site sewage disposal systems in the marine area of special concern;
     (d) Facilitate education of owners of on-site sewage disposal systems regarding requirements for owners;
     (e) Provide operation and maintenance information for owners of all system types in use within the marine area of special concern;
     (f) Ensure owners of on-site sewage disposal systems complete operation and maintenance inspections as required by rules adopted by the board;
     (g) Maintain all records as required by rules adopted by the board including inspections and repairs;
     (h) Enforce on-site sewage disposal system permit requirements; and
     (i) If necessary, recommend alternatives to on-site sewage disposal systems including extending sewer services or develop community sewage systems.
     (4) In addition to the on-site sewage disposal system program implementation plan, the local health officer shall:
     (a) Require that on-site sewage disposal system maintenance specialists, septic tank pumpers, or others performing on-site sewage disposal system inspections submit reports or inspection results to the local health jurisdiction of any failing on-site sewage disposal system; and
     (b) Progressively develop or enhance and maintain an electronic data system of all on-site sewage disposal systems within their jurisdiction to enable the local health jurisdiction to actively manage those systems. In developing the electronic data system, the department shall work with the local health jurisdictions and the on-site sewage disposal system industry to develop common forms and systems to facilitate information sharing, including the reporting of failing on-site sewage disposal systems in a marine area of special concern. The department shall develop and maintain a centralized electronic data system containing on-site sewage disposal system information collected by local health jurisdictions.
     (5) By July 1, 2006, and thereafter, the local health officers shall at a minimum designate the following areas as a marine area of special concern in areas where concentrations of on-site sewage disposal systems are a significant factor contributing to public health and environmental concerns and:
     (a) Shellfish growing areas have been downgraded or listed as threatened by the department under chapter 69.30 RCW;
     (b) State waters are listed by the department of ecology under Section 303(d) of the federal clean water act (33 U.S.C. Sec. 1251 et seq.) for low-dissolved oxygen or fecal coliform;
     (c) Marine waters have been identified by the local health officer with nitrogen as a contaminant of concern; or
     (d) Marine waters are experiencing low-dissolved oxygen levels below three parts per million.
     (6) In determining the boundaries for the marine area of special concern, the local health officer shall assess and include geographical areas where on-site sewage disposal systems may result in an impact to the marine area of special concern identified in subsection (5) of this section.
     (7) The local board of health shall provide at least a thirty-day public comment period and hold a public hearing on the proposed on-site sewage disposal system program implementation plan. The local board of health shall approve the implementation plan after consideration of the public comments on the plan.
     (8) Within ten days of adoption by the local board of health, the local health officer shall submit a copy of the implementation plan to the department for review and approval as provided in section 4 of this act.

NEW SECTION.  Sec. 4   (1) The department shall review an on-site sewage disposal system program implementation plan submitted by the local health officer to ensure all the elements of the plan, including designation of any marine area of special concern, have been addressed. The board may adopt additional criteria for plan approval by rule.
     (2) Within thirty days of receiving the plan, the department shall either approve the plan or provide in writing the reasons for not approving the plan and recommend changes. The department shall provide public notice before approving or not approving an on-site sewage disposal system program implementation plan. If the department does not approve the plan, the local board of health must amend and resubmit the plan to the department for approval.
     (3) Upon receipt of department approval or after thirty days without notification, whichever comes first, the local health officer shall implement the plan.
     (4) If the department denies approval of the plan, the local board of health may:
     (a) Resubmit a revised plan for department review and approval; or
     (b) Submit a written request for a review of the department denial within sixty days from the date the local board of health receives the written reasons for denial.
     (5) Upon receipt of a written request for review of the department denial, the department shall:
     (a) Acknowledge the receipt of the request in writing; and
     (b) Within thirty days of receipt of the request for review, form a mutually acceptable advisory panel consisting of:
     (i) One department employee;
     (ii) One employee from a local health jurisdiction other than that which requested the review; and
     (iii) One member of the department's technical advisory committee.
     (6) Within thirty days, the advisory panel shall issue either an approval of the plan or uphold the department's denial. If the advisory panel upholds the department's denial, the local board of health may appeal the denial to the board, which will have final resolution of the matter.
     (7) The department shall provide assistance to local health jurisdictions on:
     (a) Developing on-site sewage disposal system program implementation plans required by section 3 of this act;
     (b) Identifying reasonable methods for finding unknown on-site sewage disposal systems; and
     (c) Progressively developing or enhancing electronic data systems that will enable each local health jurisdiction to actively manage all on-site sewage disposal systems within their jurisdictions, with the priority given to those on-site sewage disposal systems that are located or could affect the designated marine areas of special concern.

NEW SECTION.  Sec. 5   (1) The department shall enter into a contract with each of the counties subject to this chapter to implement the approved on-site sewage disposal system program implementation plan developed under this chapter, and to develop or enhance the data management system required by this chapter with funds appropriated to the department for those purposes.
     (2) The contract shall require, at a minimum, that within the marine area of special concern, the local health jurisdiction:
     (a) Show progressive improvement in finding failing systems;
     (b) Show progressive improvement in working with on-site sewage disposal system owners to make needed system repairs;
     (c) Is actively undertaking steps to find previously unknown on-site sewage disposal systems and ensure they are inspected as required and repaired if necessary;
     (d) Show progressive improvement in the percentage of on-site sewage disposal systems that are included in an electronic data system; and
     (e) Of those on-site sewage disposal systems in the electronic data system, show progressive improvement in the percentage that have had required inspections.
     (3) The contract must also include provisions for updating the on-site sewage disposal system program implementation plan.
     (4) If a local health jurisdiction has demonstrated good faith efforts in attempting to meet the requirements in section 3(3) (a) and (b) of this act, but is unable to accomplish those objectives within the time frames established, the department may grant an extension to those requirements.

Sec. 6   RCW 43.20.050 and 1993 c 492 s 489 are each amended to read as follows:
     (1) The state board of health shall provide a forum for the development of public health policy in Washington state. It is authorized to recommend to the secretary means for obtaining appropriate citizen and professional involvement in all public health policy formulation and other matters related to the powers and duties of the department. It is further empowered to hold hearings and explore ways to improve the health status of the citizenry.
     (a) At least every five years, the state board shall convene regional forums to gather citizen input on public health issues.
     (b) Every two years, in coordination with the development of the state biennial budget, the state board shall prepare the state public health report that outlines the health priorities of the ensuing biennium. The report shall:
     (i) Consider the citizen input gathered at the forums;
     (ii) Be developed with the assistance of local health departments;
     (iii) Be based on the best available information collected and reviewed according to RCW 43.70.050 ((and recommendations from the council));
     (iv) Be developed with the input of state health care agencies. At least the following directors of state agencies shall provide timely recommendations to the state board on suggested health priorities for the ensuing biennium: The secretary of social and health services, the health care authority administrator, the insurance commissioner, the superintendent of public instruction, the director of labor and industries, the director of ecology, and the director of agriculture;
     (v) Be used by state health care agency administrators in preparing proposed agency budgets and executive request legislation;
     (vi) Be submitted by the state board to the governor by January 1st of each even-numbered year for adoption by the governor. The governor, no later than March 1st of that year, shall approve, modify, or disapprove the state public health report.
     (c) In fulfilling its responsibilities under this subsection, the state board may create ad hoc committees or other such committees of limited duration as necessary.
     (2) In order to protect public health, the state board of health shall:
     (a) Adopt rules necessary to assure safe and reliable public drinking water and to protect the public health. Such rules shall establish requirements regarding:
     (i) The design and construction of public water system facilities, including proper sizing of pipes and storage for the number and type of customers;
     (ii) Drinking water quality standards, monitoring requirements, and laboratory certification requirements;
     (iii) Public water system management and reporting requirements;
     (iv) Public water system planning and emergency response requirements;
     (v) Public water system operation and maintenance requirements;
     (vi) Water quality, reliability, and management of existing but inadequate public water systems; and
     (vii) Quality standards for the source or supply, or both source and supply, of water for bottled water plants.
     (b) Adopt rules and standards for prevention, control, and abatement of health hazards and nuisances related to the disposal of wastes, solid and liquid, including but not limited to sewage, garbage, refuse, and other environmental contaminants; adopt standards and procedures governing the design, construction, and operation of sewage, garbage, refuse and other solid waste collection, treatment, and disposal facilities;
     (c) Adopt rules controlling public health related to environmental conditions including but not limited to heating, lighting, ventilation, sanitary facilities, cleanliness and space in all types of public facilities including but not limited to food service establishments, schools, institutions, recreational facilities and transient accommodations and in places of work;
     (d) Adopt rules for the imposition and use of isolation and quarantine;
     (e) Adopt rules for the prevention and control of infectious and noninfectious diseases, including food and vector borne illness, and rules governing the receipt and conveyance of remains of deceased persons, and such other sanitary matters as admit of and may best be controlled by universal rule; and
     (f) Adopt rules for accessing existing data bases for the purposes of performing health related research.
     (3) The state board may delegate any of its rule-adopting authority to the secretary and rescind such delegated authority.
     (4) All local boards of health, health authorities and officials, officers of state institutions, police officers, sheriffs, constables, and all other officers and employees of the state, or any county, city, or township thereof, shall enforce all rules adopted by the state board of health. In the event of failure or refusal on the part of any member of such boards or any other official or person mentioned in this section to so act, he or she shall be subject to a fine of not less than fifty dollars, upon first conviction, and not less than one hundred dollars upon second conviction.
     (5) The state board may advise the secretary on health policy issues pertaining to the department of health and the state.
     (6) In addition to the powers and duties to adopt rules for on-site sewage disposal systems as provided in subsection (2) of this section, the state board of health shall adopt rules to address environmental impacts associated with low-dissolved oxygen in marine waters.

Sec. 7   RCW 90.71.100 and 2001 c 273 s 3 are each amended to read as follows:
     (1) The action team shall establish ((a shellfish -)) an on-site sewage grant program ((in)) for:
     (a) Puget Sound;
     (b) Mason, Jefferson, and Kitsap counties; and ((for))
     (c) Pacific and Grays Harbor counties.
     (2) The action team shall provide funds to local health jurisdictions to be used as grants to individuals for improving their on-site sewage systems. The grants may be provided only in areas:
     (a) That have the potential to adversely affect water quality in commercial and recreational shellfish growing areas; and
     (b) Within the watersheds that drain to Hood Canal south of a line projected from Tala Point in Jefferson county to Foulweather Bluff in Kitsap county.
     (3) A recipient of a grant shall enter into an agreement with the appropriate local health jurisdiction to maintain the improved on-site sewage system according to specifications required by the local health jurisdiction.
     (4)(a) For grants provided in Puget Sound and Pacific and Grays Harbor counties, the action team shall work closely with local health jurisdictions and shall endeavor to attain geographic equity between Willapa Bay and the Puget Sound when making funds available under this program. For the purposes of this subsection, "geographic equity" means issuing on-site sewage grants at a level that matches the funds generated from the oyster reserve lands in that area.
     (((2))) (b) The action team may use funds appropriated by the legislature for grants provided in Jefferson, Kitsap, and Mason counties. The action team also may provide grants under this section with any federal funds received for this program and any funds generated from oyster reserve lands in these three counties.
     (5) In the Puget Sound, the action team shall give first priority to areas that are:
     (a) Identified as "areas of special concern" under WAC 246-272-01001; or
     (b) Included within a shellfish protection district under chapter 90.72 RCW.
     (((3))) (6) In Grays Harbor and Pacific counties, the action team shall give first priority to preventing the deterioration of water quality in areas where commercial or recreational shellfish are grown.
     (((4))) (7) The action team and each participating local health jurisdiction shall enter into a memorandum of understanding that will establish an applicant income eligibility requirement for individual grant applicants from within the jurisdiction and other mutually agreeable terms and conditions of the grant program.
     (((5))) (8) The action team may recover the costs to administer this program not to exceed ten percent of the shellfish - on-site sewage grant program.
     (((6) For the 2001-2003 biennium, the action team may use up to fifty percent of the shellfish - on-site sewage grant program funds for grants to local health jurisdictions to establish areas of special concern under WAC 246-272-01001, or for operation and maintenance programs therein, where commercial and recreational uses are present.))

NEW SECTION.  Sec. 8   The department of health shall work with local health jurisdictions, the on-site sewage disposal system industry, and other affected stakeholders to develop recommendations for the professional certification of on-site sewage disposal system operation and maintenance personnel. The department must develop and submit recommendations to the appropriate committees of the legislature by December 31, 2005.

NEW SECTION.  Sec. 9   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2005, in the omnibus appropriations act, this act is null and void.

NEW SECTION.  Sec. 10   Sections 1 through 5 of this act constitute a new chapter in Title 70 RCW.