BILL REQ. #:  H-4278.1 

Read first time 01/18/2006.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to licensing of on-site sewage maintenance providers; adding a new chapter to Title 18 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature finds that on-going competent operation, monitoring, and maintenance of an on-site sewage disposal system is necessary for the protection of the consumers' health and the environment, and therefore it is of vital interest to the public. The legislature further finds that to protect the public health and conserve and protect the water resources of the state, it is necessary to require the examination and certification of the persons responsible for providing technical maintenance of such systems and to provide for the adoption of rules to carry out this chapter.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of licensing.
     (2) "Director" means the director of the department of licensing.
     (3) "Maintenance" means actions necessary to keep the on-site sewage disposal system functioning as designed, including, but not limited to pumping tanks, cleaning and replacing pumps or filters, and replacement of baffles in tanks.
     (4) "Maintenance service provider" means an individual certified to perform operation, monitoring, and maintenance activities for on-site sewage disposal systems. This does not include an individual certified by a local health officer solely to pump septic tanks.
     (5) "Monitoring" means periodic or continuous checking of on-site sewage disposal systems performed by making observations or measurements to determine if the system is functioning as intended and if maintenance or repairs are needed.
     (6) "Operation" means adjustments made to treatment or disposal processes to ensure proper treatment and disposal of wastewater.

NEW SECTION.  Sec. 3   (1) Operation, monitoring, and maintenance services for on-site sewage disposal systems may not be provided by an individual unless the individual possesses a maintenance service provider certificate issued by the department.
     (2) This section does not apply to a homeowner operating, monitoring, or maintaining his or her own system.

NEW SECTION.  Sec. 4   (1) The director shall adopt rules as necessary for the administration of a system to certify persons who provide, for a fee, operation, monitoring, and maintenance services for on-site sewage disposal systems. The rules must include provisions establishing minimum qualifications and procedures for the certification of on-site sewage system maintenance service providers and criteria for determining the kind and nature of continuing educational requirements for renewal of certification, if any.
     (2) The department may establish different levels of certification for maintenance service providers that account for varying levels of system complexity or geographical requirements due to soil types or other conditions.
     (3) The director must enforce rules adopted under this section.

NEW SECTION.  Sec. 5   The issuance and renewal of a maintenance service provider certificate is subject to the following conditions:
     (1) A certificate must be issued if the maintenance service provider has:
     (a) Satisfactorily passed an examination;
     (b) Paid the department an application fee as established by the department under RCW 43.70.250; and
     (c) Met the requirements specified in the rules adopted in accordance with this chapter.
     (2) Every certificate must be renewed annually upon the payment of a fee as established by the department under RCW 43.70.250 and satisfactory evidence is presented to the department that the maintenance service provider has fulfilled the continuing education requirements, if any, as prescribed by rules adopted in accordance with this chapter.
     (3) The department shall provide for reciprocal certification of any individual certified as an on-site sewage operation and maintenance specialist by a local health jurisdiction in Washington state without additional examination until the certification issued by the local health jurisdiction is required to be renewed.
     (4) A maintenance service provider who has failed to renew a certificate pursuant to the provisions of this section and the rules adopted in accordance with this chapter may reapply for certification and the director may require the provider to meet the requirements established for new applicants.
     (5) The department may deny, suspend, modify, or revoke a certificate for failure to comply with the requirements of this chapter or any rule adopted under this chapter. A certificate may be denied, suspended, modified, or revoked on any of the following grounds:
     (a) Committing fraud or misrepresentation in applying for or obtaining a certificate or a recertification or reinstatement of a certificate;
     (b) Negligent maintenance or inspection of an on-site sewage system;
     (c) Violating the requirements of this chapter or any lawful rules or orders of the department; or
     (d) Receipt by the department from the department of social and health services certification pursuant to RCW 74.20A.320(7) that the maintenance service provider is not in compliance with a child support order.
     (6) No person whose certificate is revoked under this chapter is eligible to apply for a certificate for one year from the effective date of the final order of revocation.

NEW SECTION.  Sec. 6   Any person violating a provision of this chapter may be fined up to two hundred fifty dollars per day.

NEW SECTION.  Sec. 7   (1) The department shall adopt rules for carrying out the provisions of this chapter in accordance with chapter 34.05 RCW.
     (2) The department shall develop the rules required to implement this chapter with the advice of a committee composed of members from agencies, professions, organizations, and individuals having knowledge and interest in on-site sewage system operation, monitoring, and maintenance.

NEW SECTION.  Sec. 8   Sections 1 through 7 of this act constitute a new chapter in Title 18 RCW.