BILL REQ. #:  S-0782.1 

Read first time 01/25/2005.   Referred to Committee on Water, Energy & Environment.

     AN ACT Relating to managing on-site sewage systems in marine areas; amending RCW 70.118.010, 70.118.020, 43.20.050, 90.48.264, 90.72.030, 54.16.310, 85.08.905, and 36.36.040; adding new sections to chapter 70.118 RCW; and adding a new section to chapter 57.08 RCW.

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

Sec. 1   RCW 70.118.010 and 1977 ex.s. c 133 s 1 are each amended to read as follows:
     (1) The legislature finds that ((over one million, two hundred thousand persons in the state are not served by sanitary sewers and that they must rely on septic tank systems.)):
     (a) Nearly thirty percent of the state's residents live in homes served by on-site sewage systems;
     (b) Nearly forty percent of new residences are served by on-site sewage systems;
     (c) On-site sewage systems are intended to provide a permanent utility service; and
     (d) The failure of large numbers of ((such)) on-site sewage systems has resulted in significant public health and environmental hazards, loss of property values, and water quality degradation.
     (2) The legislature further finds that failure of such systems could be reduced by utilization of nonwater-carried sewage disposal systems, or other alternative methods of effluent disposal, as a correctional measure. Waste water volume diminution and disposal of most of the high bacterial waste through composting or other alternative methods of effluent disposal would result in restorative improvement or correction of existing substandard systems.
     (3) The legislature further finds that improperly functioning on-site sewage systems in marine areas may contaminate ground water and surface water, threatening public health and the environment. Therefore, the legislature finds that in these areas enhanced on-site sewage system certification programs must be established to ensure systems are properly functioning to protect public and environmental health.

Sec. 2   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)) The definitions in this section apply throughout this chapter unless the context clearly ((indicates)) requires otherwise.
     (1) (("Nonwater-carried sewage disposal devices" means any device that stores and treats nonwater-carried human urine and feces)) "Additive" means any commercial product intended to affect the performance or aesthetics of an on-site sewage disposal system.
     (2) "Additive manufacturer" means any person who manufactures, formulates, blends, packages, or repackages an additive product for sale, use, or distribution within the state.
     (3) "Alternative methods of effluent disposal" means systems approved by the department of health, including at least, mound systems, alternating drain fields, 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.
     (4) "Additive" means any commercial product intended to affect the performance or aesthetics of an on-site sewage disposal system.
     (5))) (4) "Board" means the state board of health.
     (5) "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.
     (6) "Complex on-site sewage disposal system" means any on-site sewage disposal system that is not a conventional system.
     (7) "Conventional on-site sewage disposal system" means an on-site sewage disposal system that uses only gravity for operation.
     (8) "Department" means the department of health.
     (((6))) (9) "Enhanced on-site sewage system certification program" means the certification program in section 4 of this act for owners and operators of on-site sewage disposal systems.
     (10) "Failure" means effluent has: (a) Been discharged on the surface of the ground prior to approved treatment; (b) percolated to the surface of the ground; or (c) contaminated or threatens to contaminate a ground water supply.
     (11) "Marine area of special concern" means a designation by the department of ecology or the local board of health requiring the establishment of an enhanced on-site sewage system certification program.
     (12) "Nonwater-carried sewage disposal devices" means any device that stores and treats nonwater-carried human urine and feces.
     (13) "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.))
     (14) "Operational certificate" means a certificate demonstrating compliance with an enhanced on-site sewage system certification program.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.118 RCW to read as follows:
     (1) The department of ecology shall designate a marine area of special concern in counties with shorelines adjacent to Puget Sound 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 by the department of health under chapter 69.30 RCW;
     (b) State waters are listed under 33 U.S.C. Sec. 1313(d) (Sec. 303(d) of the federal clean water act, 33 U.S.C. Sec. 1251 et seq.); or
     (c) Marine waters are experiencing low dissolved oxygen levels below three parts per million.
     (2) In accordance with the administrative procedure act, chapter 34.05 RCW, the department shall ensure an opportunity for consultation, review, and comment before designating a marine area of special concern.
     (3) The department of ecology shall notify the local board of health regarding the marine area of special concern designation and the requirement for the development of an enhanced on-site sewage system certification program. The notification must include:
     (a) A description of the marine area of special concern; and
     (b) The information used by the department of ecology for making the determination.
     (4) In addition to the designation process in subsection (1) of this section, a local board of health may designate a marine area of special concern in marine areas where it has determined an enhanced on-site sewage system certification program is necessary to protect public health and the environment.

NEW SECTION.  Sec. 4   A new section is added to chapter 70.118 RCW to read as follows:
     The local board of health with jurisdiction over the area shall submit an enhanced on-site sewage system certification program to the department within eighteen months of designation of a marine area of special concern within the county. The program must include the minimum requirements of the enhanced on-site sewage system certification program including, but not limited to:
     (1) Designation of a geographic area with sufficient coverage to correct the problems contributing to the marine area of special concern designation. The local board of health is encouraged to use existing local authorities to implement the enhanced on-site sewage system certification program including shellfish protection districts under chapter 90.72 RCW, public utility districts under chapter 54.16 RCW, water-sewer districts under chapter 57.08 RCW, aquifer protection districts under chapter 36.36 RCW, or sewerage improvement districts under chapter 85.08 RCW;
     (2) Requirements for owners or operators of on-site sewage disposal systems to obtain an operational certificate;
     (3) Any additional requirements for on-site sewage disposal system operation, maintenance, and monitoring that are commensurate with the risks posed by on-site sewage disposal systems within the geographic area;
     (4) A data base of on-site sewage disposal systems including the status of operational certificates; and
     (5) An education and awareness program to assist property owners in complying with the enhanced on-site sewage system certification program.

NEW SECTION.  Sec. 5   A new section is added to chapter 70.118 RCW to read as follows:
     The local board of health with jurisdiction over the area shall conduct quality assurance of the enhanced on-site sewage system certification program including:
     (1) Inspection of at least ten percent of certificated on-site sewage disposal systems every three years to determine if the systems are properly functioning and in compliance with this chapter and RCW 43.20.050; and
     (2) Follow-up inspections of all new on-site sewage disposal systems within one year of installation to ensure that the system is properly functioning and to provide educational materials to the owner or operator of the system.

NEW SECTION.  Sec. 6   A new section is added to chapter 70.118 RCW to read as follows:
     The department shall review enhanced on-site sewage system certification programs submitted by a local board of health. The department shall determine if the program includes all of the required elements in section 4 of this act. The department may either approve the program or recommend changes. If the department does not approve the program, the local board of health must amend and resubmit the program to the department for approval. If the local board of health does not establish an approved program within twenty-four months of designation of a marine area of special concern, the department shall develop and implement an enhanced on-site sewage system certification program to protect public health and the environment.

NEW SECTION.  Sec. 7   A new section is added to chapter 70.118 RCW to read as follows:
     (1)(a) If the department or a local board of health establishes an enhanced on-site sewage system certification program, no person may operate an on-site sewage disposal system without first obtaining an operational certificate. An operational certificate may only be issued after successful examination of the on-site sewage disposal system by an on-site sewage disposal system operations and maintenance specialist approved by the local board of health. An operational certificate is valid for three years for a conventional on-site sewage disposal system and one year for a complex on-site sewage disposal system.
     (b) For the purposes of this section, "successful examination" means the operation and maintenance specialist approved by the local board of health has made a determination that the on-site sewage disposal system is functioning as designed, and any corrective measures have been identified and corrected.
     (c) Inspections must certify that the system functions properly. The inspection must include documentation of the current condition of the on-site sewage disposal system, maintenance needs, and compliance with this chapter and RCW 43.20.050.
     (2) 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 in order to ensure compliance with this chapter and RCW 43.20.050.

NEW SECTION.  Sec. 8   A new section is added to chapter 70.118 RCW to read as follows:
     In areas with shorelines adjacent to Puget Sound where an enhanced on-site sewage system certification program is not required, the owner of an on-site sewage disposal system is responsible for operating, monitoring, and maintaining the system to minimize the risk of failure. In order to accomplish this, the owner shall ensure a complete evaluation of the system's components to determine functionality, maintenance needs, and compliance with regulations and permits as follows:
     (1) At least once every three years for a conventional on-site sewage disposal system; or
     (2) Annually for a complex on-site sewage disposal system.

Sec. 9   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 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. 10   RCW 90.48.264 and 1988 c 220 s 2 are each amended to read as follows:
     In implementing this chapter and in participating in programs under the federal clean water act, the department ((may)) shall consult with the department of ((social and)) health ((services)) and the board of health concerning standards for repair of existing, failing on-site sewage disposal systems that are adjacent to marine waters. By ((January 1, 1989)) July 1, 2006, the ((department of social and)) board of health ((services)) shall propose rules for ((adoption by the state board of health)) identifying the standards for repair of existing, failing on-site sewage disposal systems at single-family residences that were legally occupied prior to June 9, 1988, and for implementing the enhanced on-site sewage system certification program in section 3 of this act that are adjacent to marine waters. The rules may specify the design, operation, and maintenance standards for such repaired systems and the requirements for the enhanced on-site sewage system certification program in section 3 of this act so as to ensure protection of the public health, attainment of state water quality standards, and the protection of shellfish and other public resources. The rules shall also provide that any proposed discharge to marine water shall be considered only if on-site sewage disposal systems are not feasible and that such discharges shall meet the requirements of this chapter and department of ecology ((regulations)) rules. The state board of health shall adopt such proposed rules unless the board finds modification or rejection of them necessary to protect the public health.

Sec. 11   RCW 90.72.030 and 1992 c 100 s 2 are each amended to read as follows:
     The legislative authority of each county having shellfish tidelands within its boundaries is authorized to establish a shellfish protection district to include areas in which nonpoint pollution threatens the water quality upon which the continuation or restoration of shellfish farming or harvesting is dependent. The legislative authority shall constitute the governing body of the district and shall adopt a shellfish protection program to be effective within the district. The legislative authority may appoint a local advisory council to advise the legislative authority in preparation and implementation of shellfish protection programs. This program shall include any elements deemed appropriate to deal with the nonpoint pollution threatening water quality, including, but not limited to, requiring the elimination or decrease of contaminants in storm water runoff, establishing monitoring, inspection, and repair elements to ensure that on-site sewage systems are adequately maintained and working properly, assuring that animal grazing and manure management practices are consistent with best management practices, and establishing educational and public involvement programs to inform citizens on the causes of the threatening nonpoint pollution and what they can do to decrease the amount of such pollution. An element may be omitted where another program is effectively addressing those sources of nonpoint water pollution. Within the limits of RCW 90.72.040 and 90.72.070, the county legislative authority shall have full jurisdiction and authority to manage, regulate, and control its programs and to fix, alter, regulate, and control the fees for services provided and charges or rates as provided under those programs. Programs established under this chapter((,)) may, but are not required to, be part of a system of sewerage as defined in RCW 36.94.010, or include an enhanced on-site sewage system certification program as established in section 3 of this act.

Sec. 12   RCW 54.16.310 and 1990 c 107 s 1 are each amended to read as follows:
     A public utility district as authorized by a county board of health may implement an enhanced on-site sewage system certification program as established in section 3 of this act, or may perform operation and maintenance, including inspections, of on-site sewage disposal facilities, alternate sewage disposal facilities, approved septic tanks or approved septic tank systems, other facilities and systems for the collection, interception, treatment, and disposal of wastewater, and for the control and protection, preservation, and rehabilitation of surface and underground waters. Those costs associated with the maintenance of private on-site sewage systems may be charged by the public utility district to the system owner.

NEW SECTION.  Sec. 13   A new section is added to chapter 57.08 RCW to read as follows:
     In addition to the powers in RCW 57.08.005, a district may implement an enhanced on-site sewage system certification program as created in section 3 of this act.

Sec. 14   RCW 85.08.905 and 1985 c 396 s 30 are each amended to read as follows:
     Sewerage improvement districts may investigate, plan, construct, acquire, repair, maintain, and operate improvements, works, projects, and facilities to collect, treat, and dispose of sanitary, industrial, and other sewage. Such facilities include on-site and off-site sewerage facilities, including approved septic tanks or septic tank systems. Sewerage improvement districts may implement enhanced on-site sewage system certification programs as established in section 3 of this act.

Sec. 15   RCW 36.36.040 and 1991 c 151 s 2 are each amended to read as follows:
     Aquifer protection areas may impose fees to fund:
     (1) The preparation of a comprehensive plan to protect, preserve, and rehabilitate subterranean water, including ground water management programs adopted under chapter 90.44 RCW. This plan may be prepared as a portion of a county sewerage and/or water general plan pursuant to RCW 36.94.030;
     (2) The construction of facilities for: (a) The removal of water-borne pollution; (b) water quality improvement; (c) sanitary sewage collection, disposal, and treatment; (d) storm water or surface water drainage collection, disposal, and treatment; and (e) the construction of public water systems;
     (3) The proportionate reduction of special assessments imposed by a county, city, town, or special district in the aquifer protection area for any of the facilities described in subsection (2) of this section;
     (4) The costs of monitoring and inspecting on-site sewage disposal systems or community sewage disposal systems for compliance with applicable standards and rules, and for enforcing compliance with these applicable standards and rules in aquifer protection areas created after June 9, 1988; ((and))
     (5) The implementation of an enhanced on-site sewage system certification program as established in section 3 of this act; and
     (6) The costs of: (a) Monitoring the quality and quantity of subterranean water and analyzing data that is collected; (b) ongoing implementation of the comprehensive plan developed under subsection (1) of this section; (c) enforcing compliance with standards and rules relating to the quality and quantity of subterranean waters; and (d) public education relating to protecting, preserving, and enhancing subterranean waters.