Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS

Select Committee on Environmental Health

HB 2922


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.

Brief Description: Reducing the authority of the department of health and state board of health with regard to small on-site sewage disposal systems.

Sponsors: Representatives Ericksen and Linville.

Brief Summary of Bill
  • Reduces the authority of the Department of Health and the State Board of Health with regard to small on-site sewage disposal systems.

Hearing Date: 2/5/08

Staff: Brad Avy (786-7289).

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. The State Board of Health (SBOH) and the DOH develop rules for regulation of on-site sewage disposal systems. Local boards of health adopt the state's on-site sewage system rules or more stringent local on-site sewage system rules.

Summary of Bill:

House Bill 2922 makes the SBOH on-site sewage disposal system rules advisory only.

The DOH is required to provide technical assistance to local health jurisdictions concerning regulation of on-site sewage systems.

The bill shifts waiver granting authority of specific requirements of on-site sewage systems from the SBOH to local boards of health provided the local health officer determines the wavier is consistent with the standards in, and the intent of, local board of health rules.

The requirement to submit quarterly reports of waivers to the DOH is removed. The role of the DOH related to waivers is removed.

The bill requires that all conditions of compliance for an on-site sewage permit issued by the local health jurisdiction must be included on, or physically attached to, the permit.

Training must be provided by the DOH on the topic of the statutory authority to grant waivers by the local health officer.

The bill provides authority for local boards of health to approve alternative methods of effluent disposal.

Authority is provided for local boards of health to deem chemical additives unsafe for use in on-site sewage disposal systems.

The bill clarifies that "small on-site sewage disposal system" means an on-site sewage disposal system with design flows of equal to or less than 3,500 gallons per day.

Local boards of health are required to adopt regulations concerning on-site sewage disposal systems.

The bill provides an option for the local health officer to not implement marine recovery area rules for on-site sewage disposal systems.

Authority is repealed for a local health officer to issue civil penalties for violations of on-site sewage disposal systems.

Appropriation: None.

Fiscal Note: Requested on January 25, 2008.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.