BILL REQ. #:  S-2395.1 

READ FIRST TIME 03/08/05.   

     AN ACT Relating to managing on-site sewage disposal systems in marine areas; amending RCW 43.20.050, 43.155.010, and 43.155.050; adding a new section to chapter 43.155 RCW; adding a new chapter to Title 70 RCW; creating a new section; providing an effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) Hood Canal and other marine waters in Puget Sound are at risk of severe loss of marine life from low-dissolved oxygen, and that in addition to such natural factors as poor overall water circulation and stratification of water that discourages mixing of surface-to-deeper waters, the increased input of human-influenced nutrients, especially nitrogen, are a significant factor in this low-oxygen condition in some of Puget Sound's waters;
     (2) 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;
     (3) Properly functioning on-site sewage disposal systems largely provide for the protection of water quality and improperly functioning on-site sewage disposal systems in marine recovery areas may contaminate surface water, resulting in significant public health and environmental problems;
     (4) 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; and
     (5) State water quality monitoring data and analysis can provide a means to focus these enhanced local programs on the specific geographic areas that are sources of pollutants that are degrading Puget Sound waters.
     Therefore, it is the purpose of this chapter to authorize enhanced local programs in marine recovery areas to inventory existing on-site sewage disposal systems, to identify the location of all on-site sewage disposal systems near marine recovery areas, to require inspection of on-site sewage disposal systems and repairs to those systems that are failing, to develop data bases capable of sharing information regarding on-site sewage disposal systems, and to monitor the progress of implementing these programs to ensure that they are working to protect public health and the quality of Puget Sound waters.

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 that results in 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) "Implementation plan" means the on-site sewage disposal system implementation plan of a local health jurisdiction required under section 4 of this act.
     (5) "Local health officer" or "local health jurisdiction" means the local health officers and local health jurisdictions in counties bordering Puget Sound: Clallam, Island, Kitsap, Jefferson, Mason, San Juan, Seattle-King, Skagit, Snohomish, Tacoma-Pierce, Thurston, and Whatcom.
     (6) "Marine recovery area" 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.
     (7) "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 and does not include any system regulated by a water quality discharge permit issued under chapter 90.48 RCW.
     (8) "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, 2006, the local health officer shall designate a marine recovery area for those land areas where on-site sewage disposal systems are a significant factor contributing to public health and environmental concerns, and where associated with:
     (a) Shellfish growing areas that have been downgraded by the department under chapter 69.30 RCW;
     (b) State waters that 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; or
     (c) Marine waters that have been identified by the local health officer with nitrogen as a contaminant of concern.
     (2) In determining the boundaries for the marine recovery area, the local health officer shall assess and include those land areas where on-site sewage disposal systems may result in an impact to the water quality in the marine recovery area.
     (3) After July 1, 2006, the local health officer may designate additional areas where new information indicates additional land areas meet the criteria of this section. Where the department recommends the designation of an area or the expansion of a designated area, the local health officer shall notify the department of its decision concerning the recommendation within ninety days of receipt of the recommendation.

NEW SECTION.  Sec. 4   (1) By July 1, 2007, and thereafter, the local health officers of health jurisdictions in the twelve counties bordering Puget Sound where a marine recovery area has been designated under section 3 of this act 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 recovery areas within its jurisdiction. The department may grant an extension of twelve months where the local health jurisdiction has demonstrated substantial progress toward completion of the plan.
     (2) The on-site sewage disposal system program implementation plan for the marine recovery area must include how the local health jurisdiction will:
     (a) By July 1, 2010, find failing systems and ensure system owners make necessary repairs;
     (b) By July 1, 2010, find unknown systems and ensure they are inspected and ensure they are functioning properly, and repairs are made as necessary;
     (c) Implement the requirements for inspection, reporting, and completing necessary repairs required under section 8 of this act;
     (d) 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 recovery area;
     (e) Facilitate education of owners of on-site sewage disposal systems regarding requirements for owners;
     (f) Provide operation and maintenance information for owners of all system types in use within the marine recovery area;
     (g) Ensure owners of on-site sewage disposal systems complete operation and maintenance inspections as required by rules adopted by the board;
     (h) Maintain all records as required by rules adopted by the board including inspections and repairs;
     (i) Enforce applicable on-site sewage disposal system permit requirements; and
     (j) If necessary, recommend alternatives to conventional on-site sewage disposal systems such as extending sewer services, developing community sewage systems, and encouraging on-site sewage disposal system technologies that present greater treatment performance, particularly regarding the reduction or removal of nitrogen.
     (3) The local board of health shall provide at least a sixty-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.
     (4) 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 6 of this act.

NEW SECTION.  Sec. 5   Each local health officer shall develop and maintain an electronic data system of all on-site sewage disposal systems within marine recovery areas to enable local health jurisdictions to actively manage on-site sewage disposal systems. In developing electronic data systems, local health officers shall work with other local health jurisdictions with marine recovery areas, the department, and the on-site sewage disposal system industry to develop common forms and protocols to facilitate sharing and aggregation of information, including information regarding failing on-site sewage disposal systems in marine recovery areas. The local data system should be compatible with the data system used throughout the local health jurisdiction.

NEW SECTION.  Sec. 6   (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 recovery area, 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. 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 appeal the denial to the state board of health, which will have final resolution of the matter.
     (5) 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) 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 recovery areas.

NEW SECTION.  Sec. 7   (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. The agreement shall include state funding assistance to the local health jurisdiction from funds appropriated to the department for this purpose.
     (2) The compliance schedule shall require, at a minimum, that within the marine recovery area, 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 taking 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 state assistance in updating the implementation plan. Beginning July 1, 2009, the contract may adopt revised compliance dates, including those in section 4 of this act, where substantial progress has been demonstrated in plan implementation.

NEW SECTION.  Sec. 8   (1) Except as provided in subsection (4) of this section, in designated marine recovery areas, the owner of an on-site sewage disposal system shall obtain an inspection of the system by an on-site sewage disposal system professional approved by the county when:
     (a) The property is sold to another person; or
     (b) A building permit is required for the structure served by the system for the purpose of reconstruction or a substantial remodel of the structure.
     (2) The report documenting the inspection must certify that the on-site sewage disposal system functions properly. The inspection must include documentation of the current condition of the on-site sewage disposal system, maintenance needs, any repairs made to correct improper functioning of the system, and that following the inspection and any necessary repairs the system is in compliance with the applicable rules and standards adopted by the board of health pursuant to RCW 43.20.050.
     (3) The results of the on-site sewage disposal system inspection must be documented in an inspection report and be provided to the owner or operator of the system and the local health department. The inspection report must summarize the results of the inspection, list any required corrective actions, and provide recommendations for improved maintenance of the system to ensure compliance with this chapter and RCW 43.20.050.
     (4) An inspection is not required where:
     (a) An inspection of the system has occurred within the previous year and the report is on file with the local health jurisdiction;
     (b) The system has been installed within the previous five years; or
     (c) The sale is between spouses or resulting from marriage dissolution.

NEW SECTION.  Sec. 9   The provisions of this chapter are supplemental to all other authorities governing on-site sewage disposal systems, including chapter 70.118 RCW and rules adopted under that chapter.

NEW SECTION.  Sec. 10   (1) The department of health shall report to the appropriate committees of the senate and house of representatives by December 31, 2007, on progress in designating marine recovery areas and developing and implementing on-site sewage disposal system implementation plans for such areas.
     (2) The report shall include information on:
     (a) The status of plans in each county covered by sections 1 through 9 of this act;
     (b) The status of system location, identification, and inclusion within the electronic data base in each county, including estimates of the remaining systems within marine recovery areas that have not been identified or included within the data base;
     (c) The shoreline areas for which sanitary surveys have been completed by the department;
     (d) The progress of and capacity of local health jurisdictions to identify on-site sewage disposal systems within such areas and to ensure that failing systems are repaired and all systems are operated and maintained in compliance with board of health standards;
     (e) Regulatory, statutory, and financial barriers to implementing the plan;
     (f) Recommendations that will assist local health jurisdictions to successfully implement plans; and
     (g) Recommendations for the professional certification of on-site sewage disposal system operation and maintenance personnel, developed in consultation with local health jurisdictions, the on-site sewage disposal system industry, and other affected stakeholders.
     (3) Local health jurisdictions shall provide information and data requested by the department of health in developing the reports, and the department shall append all reports or information that the local health jurisdictions request to be included in the report.

Sec. 11   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 caused wholly or in part by on-site sewage disposal systems, as defined in section 2 of this act.

Sec. 12   RCW 43.155.010 and 1996 c 168 s 1 are each amended to read as follows:
     The legislature finds that there exists in the state of Washington over four billion dollars worth of critical projects for the planning, acquisition, construction, repair, replacement, rehabilitation, or improvement of streets and roads, bridges, water systems, and storm and sanitary sewage systems. The December, 1983 Washington state public works report prepared by the planning and community affairs agency documented that local governments expect to be capable of financing over two billion dollars worth of the costs of those critical projects but will not be able to fund nearly half of the documented needs.
     The legislature further finds that Washington's local governments have unmet financial needs for solid waste disposal, including recycling, and encourages the board to make an equitable geographic distribution of the funds.
     It is the policy of the state of Washington to encourage self-reliance by local governments in meeting their public works needs and to assist in the financing of critical public works projects by making loans, financing guarantees, and technical assistance available to local governments for these projects.
     It is the policy of the state of Washington to direct a portion of the public works assistance account to support a financial assistance program for the repair and replacement of on-site sewage disposal systems in counties with marine waters. The use of the account for this purpose accomplishes the same public purpose of protecting and cleaning up state waters as the historical use of the account to assist in the financing of large sanitary sewage systems.

Sec. 13   RCW 43.155.050 and 2001 c 131 s 2 are each amended to read as follows:
     The public works assistance account is hereby established in the state treasury. Money may be placed in the public works assistance account from the proceeds of bonds when authorized by the legislature or from any other lawful source. Money in the public works assistance account shall be used to make loans and to give financial guarantees to local governments for public works projects. Moneys in the account may also be appropriated to provide for state match requirements under federal law for projects and activities conducted and financed by the board under the drinking water assistance account. Moneys in the account may also be used for grants and loans provided through the on-site sewage disposal system repair and replacement program described in section 14 of this act. Not more than fifteen percent of the biennial capital budget appropriation to the public works board from this account may be expended or obligated for preconstruction loans, emergency loans, or loans for capital facility planning under this chapter; of this amount, not more than ten percent of the biennial capital budget appropriation may be expended for emergency loans and not more than one percent of the biennial capital budget appropriation may be expended for capital facility planning loans.

NEW SECTION.  Sec. 14   A new section is added to chapter 43.155 RCW to read as follows:
     (1) From funds specifically appropriated in the biennial appropriations act for the purposes of this section, the department shall administer a program of financial assistance for the repair and replacement of on-site sewage disposal systems in counties with marine waters. For purposes of this section, on-site sewage disposal system has the same meaning as defined in section 2 of this act.
     (2) The department shall design an application process for this financial assistance in coordination with the Puget Sound action team and the departments of health and ecology. The department may contract with private financial institutions to administer the banking functions involved in this financial assistance program. The application process must ensure that:
     (a) Applications are readily accessible at the local level through local health districts and departments, and that the application process is easy to understand and complete by homeowners with technical assistance provided by local health districts and departments.
     (b) Applications are prioritized based on the level of reductions in environmental and public health problems that will be achieved by the proposed on-site sewage disposal system repair or replacement.
     (c) Applicants will provide proper inspection and maintenance of the system repaired or installed to standards required by the local health jurisdiction and applicable standards under rules adopted by the state board of health.
     (3) In consultation with the departments of health and ecology, the department shall design the financial assistance program to provide a combination of grants and low-interest and/or deferred-payment loans. The program shall provide grants based on financial need of the applicant. The portion of financial assistance provided through grants shall be larger in the first five years of the program to encourage homeowners with failing on-site sewage disposal systems to repair and replace those systems as early as possible.

NEW SECTION.  Sec. 15   Sections 1 through 9 of this act constitute a new chapter in Title 70 RCW.

NEW SECTION.  Sec. 16   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005.