BILL REQ. #:  H-2108.3 

READ FIRST TIME 02/22/07.   

     AN ACT Relating to providing for an inspected inventory of on-site sewage disposal systems not located within a marine recovery area designated under RCW 70.118A.040; amending RCW 70.118.010, 70.118.020, 70.05.072, and 70.118.030; adding new sections to chapter 70.118 RCW; creating a new section; and providing an expiration date.

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 even in the 1970s there were over one million, two hundred thousand persons in the state ((are)) not being served by sanitary sewers and that they ((must)) had to rely on septic tank systems. Since that time, the number of state households and businesses not being served by sanitary sewers has only increased. Today, the number, location, and functionality of on-site sewage disposal systems in operation in Washington is unknown. Creating a locally designed inventory and inspection system for on-site sewage disposal systems, and encouraging expansion of sanitary sewage systems, are necessary first steps towards addressing the problems inherent with failing systems. When prioritizing inventories and inspections, areas within incorporated cities should be addressed as early as possible because of the inherent proximity of sanitary sewage systems to existing on-site sewage disposal systems in use within a city.
     (2) The failure of large numbers of such systems has resulted in significant health hazards, loss of property values, ((and)) water quality degradation, and the expenditure of public health moneys. ((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.
     (3) 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.

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)) The definitions in this section ((shall have the meanings indicated)) 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.
     (2) "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) "Department" means the department of health.
     (6) "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.
     (9) "Board" means the state board of health.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.118 RCW to read as follows:
     (1) All cities and towns with a population of thirty-one thousand residents or greater, as forecasted by the office of financial management as of the effective date of this section, not located within a marine recovery area designated under RCW 70.118A.040, must, either directly or by contract with a local health jurisdiction, consistent with this section:
     (a) Create and maintain an inventory of the households and businesses within the boundaries of the city or town that do not receive sanitary sewage services by January 1, 2009; and
     (b) Institute a program for the inspection of all on-site sewage disposal systems within the city's or town's jurisdiction by January 1, 2012.
     (2) A city or town required to create and maintain an inventory under this section may design the inventory in any manner that best satisfies the needs of the community as long as the following minimum criteria are satisfied:
     (a) The maximum practicable effort has been made to identify all households and businesses that do not receive sanitary sewage services;
     (b) The inventory is updated no less than once every five years, unless other state authority requires inspections more frequently; and
     (c) The information included in the inventory must be summarized and reported to the department. The report required by this subsection must contain, at a minimum, the number and general location of inventoried on-site sewage disposal systems.
     (3)(a) A city or town required to institute a program for the inspection of all on-site sewage disposal systems under this section may design the inspection program in any manner that best satisfies the needs of the community as long as the requirements of this section are satisfied. Local decisions include whether the owners of the on-site sewage disposal systems will be allowed to select and contract directly with private inspectors, whether the local government will contract with private inspectors at the owners' expense and merely file a report with the local government, or whether the local governments will inspect systems directly using public employees.
     (b) An on-site sewage disposal systems inspection program must satisfy the following minimum criteria:
     (i) Each owner of an on-site sewage disposal system must have his or her system inspected not less than once every five years, with the initial inspection completed no later than two years after or two years before the completion of the inventory required under subsection (1) of this section;
     (ii) Each inspection of an on-site sewage disposal system must determine whether the system is in a state of failure and whether the system is operating in a manner that satisfies, at a minimum, applicable standards and requirements adopted by the board under RCW 43.20.050; and
     (iii) The information gathered from the inspection program must be summarized and reported to the department. The report required by this subsection must contain information, at a minimum, regarding the functionality or failure rates of the inspected on-site sewage disposal systems.

NEW SECTION.  Sec. 4   A new section is added to chapter 70.118 RCW to read as follows:
     (1) The local on-site sewer inspection reimbursement account is created in the custody of the state treasurer. All receipts from appropriations made to the account must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department only in a manner that is consistent with this section.
     (2) The department may use moneys in the local on-site sewer inspection reimbursement account to reimburse cities or towns for the costs associated with the creation and maintenance of on-site sewage disposal system inventories as required under section 3 of this act.
     (3) Subject to the availability of amounts appropriated to the local on-site sewer inspection reimbursement account, the department shall reimburse, upon application, cities and towns not less than seventy-five percent of the costs incurred by the local jurisdiction in satisfying the on-site sewage disposal system inventory requirements of section 3 of this act. Actual reimbursement levels must be set by the department to maximize the number of jurisdictions that receive a reimbursement. If reimbursement applications are greater than available funding, then the department shall develop a policy for prioritization of reimbursements, including the establishment of waiting lists for future bienniums.
     (4) The department shall only provide reimbursement for reasonable and auditable costs incurred by the applying local jurisdiction. Local jurisdictions may contact the department prior to incurring expenses for consultation as to what expenses are considered reasonable costs.
     (5) The department may use up to five percent, as needed, of all appropriations to the local on-site sewer inspection reimbursement account to support implementation of this section and section 5 of this act.
     (6) A lack of available funding under this section does not excuse a local jurisdiction from performing its duties as required under section 3 of this act.

NEW SECTION.  Sec. 5   A new section is added to chapter 70.118 RCW to read as follows:
     (1) By January 15, 2009, the department shall submit to the appropriate committees of the legislature a report summarizing the information provided by cities and towns under section 3 of this act.
     (2) The report required by this section must contain summarized information regarding, at a minimum:
     (a) The number and general location of inventoried on-site sewage disposal systems;
     (b) The functionality or failure rates of the state's on-site sewage disposal systems;
     (c) The number of jurisdictions in full compliance with section 3 of this act;
     (d) The actual reimbursement requests received from local jurisdictions under section 4 of this act; and
     (e) Anticipated future reimbursement requests received from local jurisdictions under section 4 of this act.
     (3) The report required by this section must be updated no fewer than three times, with each update reported to the appropriate committees of the legislature by:
     (a) January 15, 2011;
     (b) January 15, 2013; and
     (c) January 15, 2015.
     (4) This section expires June 30, 2015.

NEW SECTION.  Sec. 6   A new section is added to chapter 70.118 RCW to read as follows:
     No permits may be issued for the installation of a new on-site sewage disposal system within the boundaries of a city or town if that city or town is not in compliance with section 3 of this act.

Sec. 7   RCW 70.05.072 and 1995 c 263 s 1 are each amended to read as follows:
     (1) The local health officer may grant a waiver from specific requirements adopted by the state board of health for on-site sewage systems if:
     (((1))) (a) The on-site sewage system for which a waiver is requested is for sewage flows under three thousand five hundred gallons per day;
     (((2))) (b) The waiver request is evaluated by the local health officer on an individual, site-by-site basis;
     (((3))) (c) The local health officer determines that the waiver is consistent with the standards in, and the intent of, the state board of health rules; ((and
     (4))) (d) The jurisdiction in which the proposed on-site sewage system is located is in compliance with section 3 of this act; and
     (e) The local health officer submits quarterly reports to the department regarding any waivers approved or denied.
     (2) Based on review of the quarterly reports, if the department finds that the waivers previously granted have not been consistent with the standards in, and intent of, the state board of health rules, the department shall provide technical assistance to the local health officer to correct the inconsistency, and may notify the local and state boards of health of the department's concerns.
     (3) If upon further review of the quarterly reports, the department finds that the inconsistency between the waivers granted and the state board of health standards has not been corrected, the department may suspend the authority of the local health officer to grant waivers under this section until such inconsistencies have been corrected.

Sec. 8   RCW 70.118.030 and 1998 c 152 s 1 are each amended to read as follows:
     (1) Local boards of health shall identify failing septic tank drainfield systems in the normal manner and will use reasonable effort to determine new failures.
     (2)(a) The local health officer, environmental health director, or equivalent officer may apply for an administrative search warrant to a court official authorized to issue a criminal search warrant. The warrant may only be applied for after the local health officer or the health officer's designee has requested inspection of the person's property under ((the)) a specific administrative plan required in this section, and the person has refused the health officer or the health officer's designee access to the person's property.
     (b) Timely notice must be given to any affected person that a warrant is being requested and that the person may be present at any court proceeding to consider the requested search warrant.
     (c) The court official may issue the warrant upon probable cause. A request for a search warrant must show (([that])) that the inspection, examination, test, or sampling is in response to pollution in commercial or recreational shellfish harvesting areas ((or)), pollution in fresh water, or, until December 31, 2013, part of a standard inspection program as required by section 3 of this act.
     (d) If the warrant is requested because of pollution in a shellfish harvesting area or fresh water, a specific administrative plan must be developed expressly in response to the pollution. The local health officer, environmental health director, or equivalent officer shall submit the plan to the court as part of the justification for the warrant, along with specific evidence showing that it is reasonable to believe pollution is coming from the septic system on the property to be accessed for inspection. The plan must include each of the following elements:
     (((a))) (i) The overall goal of the inspection;
     (((b))) (ii) The location and identification by address of the properties being authorized for inspection;
     (((c))) (iii) Requirements for giving the person owning the property and the person occupying the property if it is someone other than the owner, notice of the plan, its provisions, and times of any inspections;
     (((d))) (iv) The survey procedures to be used in the inspection;
     (((e))) (v) The criteria that would be used to define an on-site sewage disposal system failure; and
     (((f))) (vi) The follow-up actions that would be pursued once an on-site sewage disposal system failure has been identified and confirmed.
     (((2))) (3) Discretionary judgment will be made in implementing corrections by specifying nonwater-carried sewage disposal devices or other alternative methods of treatment and effluent disposal as a measure of ameliorating existing substandard conditions. Local regulations shall be consistent with the intent and purposes stated in this section.

NEW SECTION.  Sec. 9   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2007, in the omnibus appropriations act, this act is null and void.