BILL REQ. #:  H-5064.1 

Read first time 02/05/08.   Referred to Committee on Select Committee on Environmental Health.

     AN ACT Relating to establishing inspection intervals for on-site sewage disposal systems; adding new sections to chapter 70.118 RCW; adding new sections to chapter 70.118A RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 70.118 RCW to read as follows:
     An on-site sewage disposal system owner is responsible for operating, monitoring, and maintaining the owner's on-site sewage disposal system to minimize the risk of failure. To help accomplish this purpose, the owner is responsible for inspecting their on-site sewage disposal system and ensuring a complete evaluation of the on-site sewage disposal system components and property as necessary to determine functionality, maintenance needs, and compliance with regulations and any permits. The on-site sewage disposal system must be inspected:
     (1)(a) At least once every three years for all on-site sewage disposal systems consisting solely of a septic tank and gravity subsurface soil absorption system, except:
     (b) Inspection frequency for on-site sewage disposal systems included under (a) of this subsection may be increased after each inspection by adding one year to the length of time between inspections, provided the on-site sewage disposal system is found to be functioning properly, for up to a maximum of seven years between inspections; and
     (2)(a) Annually for all on-site sewage disposal systems that do not consist solely of a septic tank and gravity subsurface soil absorption system, except:
     (b) Inspection frequency for on-site sewage disposal systems included under (a) of this subsection may be increased after each inspection by adding six months to the length of time between inspections, provided the on-site sewage disposal system is found to be functioning properly and the on-site sewage disposal system is designed to accommodate an increased inspection interval, for up to a maximum of three years between inspections.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.118 RCW to read as follows:
     If during an inspection conducted under section 1 of this act an on-site sewage disposal system is found to be functioning improperly, the following inspection frequency applies, beginning after the on-site sewage disposal system's function is corrected:
     (1) For all on-site sewage disposal systems consisting solely of a septic tank and gravity subsurface soil absorption system, the maximum time allowed until the next inspection is one year less than the length of time since the last inspection. Inspections may not be required more frequently than annually except to resolve a performance problem.
     (2) For all on-site sewage disposal systems that do not consist solely of a septic tank and gravity subsurface soil absorption system, the maximum time allowed until the next inspection is six months less than the length of time since the last inspection. Inspections may not be required more frequently than every six months except to resolve a performance problem.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.118 RCW to read as follows:
     (1) If an on-site sewage disposal system consisting solely of a septic tank and gravity subsurface soil absorption system is not inspected at least once within the three-year period from June 30, 2009, to June 30, 2012, then, after an inspection does take place, the inspection frequency must start at every three years provided the on-site sewage disposal system is found to be functioning properly. If the on-site sewage disposal system is found to be functioning improperly, the inspection frequency must start at one year after the on-site sewage disposal system's function is corrected.
     (2) If an on-site sewage disposal system that does not consist solely of a septic tank and gravity subsurface soil absorption system is not inspected at least once within the one-year period from June 30, 2009, to June 30, 2010, then, after an inspection does take place, the inspection frequency must start at one year provided the on-site sewage disposal system is found to be functioning properly. If the on-site sewage disposal system is found to be functioning improperly, the inspection frequency must start at six months after the on-site sewage disposal system's function is corrected.

NEW SECTION.  Sec. 4   The department of health must revise WAC 246-272A-0270 in accordance with the criteria established in sections 1 through 3 of this act.

NEW SECTION.  Sec. 5   A new section is added to chapter 70.118A RCW to read as follows:
     An on-site sewage disposal system owner is responsible for operating, monitoring, and maintaining the owner's on-site sewage disposal system to minimize the risk of failure. To help accomplish this purpose, the owner is responsible for inspecting their on-site sewage disposal system and ensuring a complete evaluation of the on-site sewage disposal system components and property as necessary to determine functionality, maintenance needs, and compliance with regulations and any permits. The on-site sewage disposal system must be inspected:
     (1)(a) At least once every three years for all on-site sewage disposal systems consisting solely of a septic tank and gravity subsurface soil absorption system, except:
     (b) Inspection frequency for on-site sewage disposal systems included under (a) of this subsection may be increased after each inspection by adding one year to the length of time between inspections, provided the on-site sewage disposal system is found to be functioning properly, for up to a maximum of seven years between inspections; and
     (2)(a) Annually for all on-site sewage disposal systems that do not consist solely of a septic tank and gravity subsurface soil absorption system, except:
     (b) Inspection frequency for on-site sewage disposal systems included under (a) of this subsection may be increased after each inspection by adding six months to the length of time between inspections, provided the on-site sewage disposal system is found to be functioning properly and the on-site sewage disposal system is designed to accommodate an increased inspection interval, for up to a maximum of three years between inspections.

NEW SECTION.  Sec. 6   A new section is added to chapter 70.118A RCW to read as follows:
     If during an inspection conducted under section 5 of this act an on-site sewage disposal system is found to be functioning improperly, the following inspection frequency applies, beginning after the on-site sewage disposal system's function is corrected:
     (1) For all on-site sewage disposal systems consisting solely of a septic tank and gravity subsurface soil absorption system, the maximum time allowed until the next inspection is one year less than the length of time since the last inspection. Inspections may not be required more frequently than annually except to resolve a performance problem.
     (2) For all on-site sewage disposal systems that do not consist solely of a septic tank and gravity subsurface soil absorption system, the maximum time allowed until the next inspection is six months less than the length of time since the last inspection. Inspections may not be required more frequently than every six months except to resolve a performance problem.

NEW SECTION.  Sec. 7   A new section is added to chapter 70.118A RCW to read as follows:
     (1) If an on-site sewage disposal system consisting solely of a septic tank and gravity subsurface soil absorption system is not inspected at least once within the three-year period from June 30, 2009, to June 30, 2012, then, after an inspection does take place, the inspection frequency must start at every three years provided the on-site sewage disposal system is found to be functioning properly. If the on-site sewage disposal system is found to be functioning improperly, the inspection frequency must start at one year after the on-site sewage disposal system's function is corrected.
     (2) If an on-site sewage disposal system that does not consist solely of a septic tank and gravity subsurface soil absorption system is not inspected at least once within the one-year period from June 30, 2009, to June 30, 2010, then, after an inspection does take place, the inspection frequency must start at one year provided the on-site sewage disposal system is found to be functioning properly. If the on-site sewage disposal system is found to be functioning improperly, the inspection frequency must start at six months after the on-site sewage disposal system's function is corrected.