HOUSE BILL REPORT
HB 3312
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported by House Committee On:
Environmental Health, Select
Title: An act relating to an exemption for manufacturers of biological remediation technologies for use in on-site sewage disposal systems.
Brief Description: Regarding biological remediation technologies for on-site sewage disposal systems.
Sponsors: Representative Chase.
Brief History:
Select Committee on Environmental Health: 2/5/08 [DPS].
Brief Summary of Substitute Bill |
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HOUSE SELECT COMMITTEE ON ENVIRONMENTAL HEALTH
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 6 members: Representatives Campbell, Chair; Sump, Ranking Minority Member; Chase, Hunt, Morrell and Wood.
Minority Report: Do not pass. Signed by 2 members: Representatives Hudgins, Vice Chair; and Newhouse.
Staff: Ashley Pedersen (786-7303).
Background:
The Department of Health (DOH) protects public health by promoting the safe treatment and
disposal of domestic and other non-industrial wastewater in areas of Washington not served
by municipal sewage treatment works. Rules and standards have been adopted to prevent,
control, and abate health hazards and nuisances related to the disposal of wastes, including
on-site sewage disposal systems. The DOH regulates the location, design, installation,
operation, maintenance, and monitoring of on-site sewage disposal systems.
The DOH develops standards and guidance to assist local health officers in permitting
different types of sewage treatment and distribution technologies, including public domain
treatment technologies, proprietary treatment products, public domain distribution
technologies, and proprietary distribution products. Manufacturers of proprietary treatment
products must register their product with the DOH before the local health officer may permit
their use. To qualify for product registration, manufacturers must meet several requirements,
including verifying product performance through testing, and reporting test results.
The DOH does not currently recognize any testing protocol for use in the repair or recovery
of failed drainfields of on-site sewage disposal systems.
Summary of Substitute Bill:
Biological Remediation Technology
Biological remediation technology may be used in the recovery of failed drainfields of on-site
sewage disposal systems. In addition, biological remediation technology may be used for the
purpose of preventing clogged infiltrative surfaces when an on-site sewage disposal system is
not in a state of failure.
Biological remediation is a process that uses microorganisms to return a contaminated
environment, including a drainfield or soil dispersal component, to a state of nonfailure.
Biological remediation can also involve a process that uses microorganisms to sufficiently
increase the infiltration rate through and into the soil below the infiltrative surface of a
clogged infiltrative surface on-site sewage disposal system.
If an on-site sewage disposal system with a biological remediation product does not remedy a
clogged infiltrative surface within three months, the local health jurisdiction must require
system repairs to meet on-site sewage disposal system requirements as found in chapter
246-272A of the WAC. If the product fails to make significant improvements and certain
conditions are found, the on-site professional who installed the biological remediation device
must reimburse the purchaser for the direct cost of the product and installation.
Authorized Installers of Biological Remediation Products
The following individuals are authorized to install biological remediation products:
In addition, when an on-site sewage disposal system is not in a state of failure, licensed
on-site wastewater treatment system operation and maintenance professionals are authorized
to install biological remediation products.
Manufacturers Must Verify Product Performance
Manufacturers of biological remediation technologies must provide documentation to the
local health jurisdiction that there has been verified performance of the technology. Product
performance must be verified through:
In addition, manufacturers of biological remediation technologies are not required to register their proprietary treatment products with the DOH if the product performance is verified and the following conditions are met:
The requirement that manufacturers must verify product performance expires on the earlier of
either July 1, 2010, or the effective date of rules adopted by the Board of Health (BOH).
Board of Health Must Adopt Rules
By July 1, 2010, the BOH must adopt rules for verification of biological remediation products
performance and for use of products in failing on-site sewage disposal systems. Products
used for installation in on-site sewage disposal systems not in a state of failure must be on the
state list of approved biological remediation products by July 1, 2010.
The rules must set requirements for (1) monitoring of on-site sewage disposal systems using
biological remediation technology; and (2) annual inspection of systems with biological
remediation technologies installed. In addition, the rules must set forth a fee schedule to
cover the cost of implementing a verification and certification program for biological
remediation products.
Permitting by Local Health Jurisdiction
When an on-site sewage disposal systems is in a state of failure, a local health jurisdiction
may issue a permit. When an on-site sewage disposal system is not in a state of failure, a
permit is not required for the installation or use of biological remediation devices. However,
a local health jurisdiction may require no fee registration for tracking purposes and charge a
reasonable fee. Each no fee permit must include:
Prior to issuing a no fee permit for a biological remediation product, the local health officer
or on-site wastewater treatment system designer licensed under law must perform an
assessment. The assessment must take into account: (1) site and effluent-specific
characteristics of the on-site sewage disposal system; and (2) whether the biological
remediation technology will adversely impact the environment or public health by increased
wastewater flows. Purchasers of biological remediation devices for use in on-site sewage
disposal systems not in a state of failure must maintain an operation and maintenance
contract with a licensed on-site professional. Local health jurisdiction may require yearly
reporting of data collected from an operation and maintenance inspection by a licensed
on-site professional.
Each no-fee permit must include a signed document from the homeowner allowing the local
health officer to enter the property to determine if a biological remediation product has
remedied a failed drainfield.
Substitute Bill Compared to Original Bill:
The substitute bill:
Appropriation: None.
Fiscal Note: Available. Requested on substitute on February 5, 2008.
Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) This technology is an important product that can be used to improve the water
quality in the state. This technology repairs failing and clogged septic systems. It is an
important tool because some people will ignore a failing septic system in order to avoid the
substantial cost of traditional septic system repairs. Traditional septic system repairs cost
typically $15,000 to $20,000 for a small system, the biological remediation technology is a
more affordable option for people and costs about $5,000 to $6,000. It is time to get this
technology into the hands of consumers. The details of this legislation have been worked
though with the Department of Health and the Department of Ecology and different interest
groups to be as inclusive as possible. As far as fees go, while it is important that local
jurisdictions manage the costs associated with permitting, if we have a technology that will
protect Puget Sound, we should be careful about putting fees in place that would stop lower
income people from using the technology.
(With concerns) While the proposed substitute is a big improvement to the bill and addresses
many concerns, it is premature to move this bill forward. While the new technology is
promising, we do not know how to apply the technology at the local level. We do not know
how the technology can best be used for on-site system. We have concerns that in on-site
systems near shorelines, or situated in poor or excessively drained soils, clearing up the
clogged septic systems may present environmental problems. Until we have more
information it is difficult to know how to permit the technology. Fast-forwarding the
rule-making process is a better way to move forward with this issue. Any exemption dates
should be tied to the rule-making process. In addition, consumers may not be adequately
protected if they purchase and install a system that is not successful. It may be appropriate to
require a permit for use of the technology in septic systems that are not in a state of failure.
There should be an amendment to the bill so that local health jurisdictions are not stripped of
existing authority to charge certain fees.
(Opposed) None.
Persons Testifying: (In support) Representative Chase, prime sponsor; Ezra Eickmeyer,
Sludgehammer and Infiltrator Systems; Evan Price, Blue Heron Bakery; Ken Morse, NET
Septic; and John Eremic.
(With concerns) Craig McLaughlin, State Board of Health; Art Starry, Washington State
Association of Local Public Health Officials, Washington State Environmental Health
Directors; Melodie Selby, Department of Ecology; and Bruce Wishart, People for Puget
Sound.