ESSB 5894

ESSB 5894

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: Clarifying the regulatory authority for on-site sewage systems.

Sponsors: Senate Committee on Water, Energy & Telecommunications (originally sponsored by Senators Rockefeller, Poulsen, Fraser, Oemig, Shin and Carrell; by request of Department of Health).

Background:

On-site sewage systems (OSS) commonly treat wastewater for homes, commercial
establishments, and other locations that are not connected to a public sewer system. Properly designed, operated, and maintained systems protect the environment and public health by
preventing untreated wastewater from coming into contact with people or waters.

The OSSs are regulated and characterized by wastewater flow. Smaller systems that handle up
to 3,500 gallons per day (gpd) are regulated by local health departments under State Board of
Health rules. Legislation that was passed in 2006, relating to management of OSSs in marine
recovery areas, focused on these smaller systems.

Large on-site sewage systems (LOSS) handle wastewater flow of 3,500 to 100,000 gpd. The
Departments of Ecology (DOE) and Health (DOH) have regulatory jurisdiction over LOSS
and divide responsibility over the management of LOSS that dispose of 3,500 to 14,500 gpd
of wastewater. The DOH manages non-mechanical systems with design flows between 3,500
to 14,500 gpd of wastewater. The DOE manages mechanical systems with flows between
3,500 and 14,500 gpd of wastewater, as well as all systems with flows over 14,500 gpd of
wastewater.

Summary of Bill:

The DOH is required to establish comprehensive regulation of LOSS. A LOSS is defined as
an OSS with design flows of between 3,500 and 100,000 gpd of wastewater and may include
mechanical treatment. In order to protect human health and the environment, the DOH
must: establish and provide regulation of LOSS including design, construction, installation,
operation, maintenance and repair; control and prevent pollution of the state's waters; issue
permits for LOSS; and enforce LOSS requirements. The LOSS may not be used for treatment
and disposal of industrial wastewater or combined sanitary sewer and storm water systems. A
previously convened work group must include recommendations for the development of
certification or licensing of large on-site system operators.

After July 1, 2009, an owner of a LOSS must obtain a permit from the DOH that must be
renewed annually. The DOH must impose permit conditions or requirements for system
improvements and compliance schedules prior to issuing a permit.

The DOH must adopt rules to ensure adequate public notice and opportunity for review and comment on initial LOSS applications. Methods for providing notice may include electronic mail, posting on the department's internet site, publication in a local newspaper, press releases, mailings and other means.

An owner of a LOSS previously permitted by the DOE must apply for an operating permit
from the DOH 120 days prior to the expiration date of the DOE permit. All LOSS that are
required to have an operator certified through the DOE must continue to meet the DOE
requirements.

The DOH must adopt rules for the comprehensive regulation of LOSS. The DOH must, in consultation with the DOE, also require that LOSS comply with the Clean Water Act. Adopted
rules must be consistent with the requirements of any comprehensive plans or development
regulations under the Growth Management Act or any applicable plans or development
regulations of local jurisdictions.

The State Board of Health is authorized to adopt rules regarding OSSs with design flows less
than 3,500 gpd.

Operators of LOSS permitted by the DOH or OSSs permitted by local health jurisdictions are
exempted from certain DOE requirements.

A person who violates laws or rules regulating OSSs administered by the DOH is subject to
penalties of not more than $10,000 per day for every violation. A local health officer who is
responsible for administering and enforcing regulations regarding OSSs is authorized to issue
civil penalties for violations.

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

Washington State House of Representatives Office of Program Research	BILL ANALYSIS

Select Committee on Environmental Health