BILL REQ. #:  S-4905.3 

READ FIRST TIME 02/07/08.   

     AN ACT Relating to an exemption for manufacturers of biological remediation technologies for use in on-site sewage disposal systems; amending RCW 70.118.020; adding a new section to chapter 70.118 RCW; creating new sections; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that discharges from failing on-site sewage systems are a serious cause of pollution in Washington's waterways, including Hood Canal, and a continuing threat to public health and the shellfish industry. The financial cost for many homeowners to fix failing or outdated on-site sewage systems may be prohibitive.
     The legislature recognizes new technologies may have the potential to assist homeowners who wish to repair or upgrade their on-site sewage disposal systems. However, regulatory barriers may inhibit homeowner's access to these new technologies.
     It is the intent of the legislature to assist homeowners to voluntarily upgrade or repair their failing on-site sewage disposal systems by removing regulatory barriers to access of new technologies for on-site sewage systems.

Sec. 2   RCW 70.118.020 and 1994 c 281 s 2 are each amended to read as follows:
     ((As used)) The definitions in this section apply throughout this chapter((, the terms defined in this section shall have the meanings indicated)) 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 drainfields, 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 groundwater 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) "Repair" means relocation, replacement, or reconstruction of a failed on-site sewage disposal system.
     (10) "Biological remediation" includes: (a) A process that uses microorganisms to return a contaminated environment, including a drainfield or soil dispersal component, to a state of nonfailure; or (b) 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.

NEW SECTION.  Sec. 3   (1) Manufacturers of biological remediation technologies for use in the recovery of failed drainfields of on-site sewage disposal systems must provide documentation of verified product performance as required in (a) or (b) of this subsection to the local health jurisdiction where the product will be installed. Manufacturers of biological remediation technologies for use in the recovery of failed drainfields of on-site sewage disposal systems are not required to register their proprietary treatment products with the department if the following conditions are met:
     (a) Product performance is verified through product testing using international association of plumbing and mechanical officials guide criteria standard 180-2003, or an equivalent standard, which relates to aerobic bacterial generators for insert into septic tanks, grease interceptors, and grease traps; and
     (i) Product performance is verified through product testing conducted by a testing facility conforming with the American national standards institute requirements;
     (ii) The biological component of the product meets the conditions of RCW 70.118.060 relating to additive regulation; and
     (iii) The biological remediation technology is used solely for the purpose of remedying or fixing a clogged infiltrative surface in a failed on-site sewage disposal system; or
     (b) Third-party field testing conducted in or out of Washington state, accredited by the American national standards institute, university testing data, or a department-approved entity, showing remediation of a failed drainfield within ninety days; and
     (i) Product performance is verified through product testing conducted by a testing facility conforming with the American national standards institute requirements;
     (ii) The biological component of the product meets the conditions of RCW 70.118.060 relating to additive regulation; and
     (iii) The biological remediation technology is used solely for the purpose of remedying or fixing a clogged infiltrative surface in a failed on-site sewage disposal system.
     (2) The definitions in RCW 70.118.020 apply throughout this section.

NEW SECTION.  Sec. 4   A new section is added to chapter 70.118 RCW to read as follows:
     (1) Biological remediation technology may be used in on-site sewage disposal systems not in a state of failure for the purpose of preventing clogged infiltrative surfaces.
     (2) On-site wastewater treatment system designers licensed under chapter 18.210 RCW, installers approved by the local health officer to install on-site sewage disposal systems or components, professional engineers licensed under chapter 18.43 RCW, or licensed on-site wastewater treatment system operation and maintenance professionals may install biological remediation products for use in on-site sewage disposal systems not in a state of failure.
     (3) A permit is not required for the installation or use of biological remediation devices when an on-site sewage disposal system is not in a state of failure. A local health jurisdiction may require registration for tracking purposes.
     (4) Purchasers of biological remediation devices for use in on-site sewage disposal systems not in a state of failure are required to maintain an operation and maintenance contract with a licensed on-site sewage professional as described in subsection (2) of this section. A local health jurisdiction may require yearly reporting of data collected from the operation and maintenance inspections by the licensed on-site sewage professional.
     (5) Biological remediation products used for installation in on-site sewage disposal systems not in a state of failure must qualify for an exemption from the state list of approved products under the requirements established in section 3 of this act. Upon adoption of rules by the state board of health on July 1, 2010, biological remediation 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 for use in the state under the new standards.

NEW SECTION.  Sec. 5   (1) The state board of health shall adopt rules by July 1, 2010, for verification of biological remediation products performance and use of products with verified performance for use in failing on-site sewage disposal systems.
     (2) The rules must stipulate requirements for:
     (a) Permitting, ongoing certification of products, continued product use, and requirements for removal of biological remediation products;
     (b) Monitoring of on-site sewage disposal systems using biological remediation technology and at least annual inspection of failing on-site sewage disposal systems that have biological remediation technologies installed to return any component of the on-site sewage disposal system to a state of nonfailure; and
     (c) Certifying, registering, and using biological remediation products without a permit as a preventative measure in on-site sewage disposal systems not in a state of failure.
     (3) The definitions in RCW 70.118A.020 apply throughout this section.

NEW SECTION.  Sec. 6   (1) A local health jurisdiction may permit biological remediation products for use in failing on-site sewage disposal systems. Prior to issuing a permit for a biological remediation product, the local health officer or on-site wastewater treatment system designer licensed under chapter 18.210 RCW must perform an assessment, considering site and effluent specific characteristics, of the on-site sewage disposal system to determine if biological remediation technology is appropriate to bring the system into a state of nonfailure and that the biological remediation technology will not adversely impact the environment or public health by increased wastewater flows through the on-site sewage disposal system and soil.
     (2) The permit must state inspection, monitoring, and maintenance requirements.
     (3) The local health jurisdiction must require system repairs to meet on-site sewage disposal system requirements as found in chapter 246-272A WAC if an on-site sewage disposal system with a biological remediation product does not remedy a clogged infiltrative surface within three months.
     (4) Each permit must include:
     (a) A plan with a time frame for correcting any public health concern associated with the failing on-site sewage disposal system and the means to protect public health until the concern is addressed;
     (b) A plan for operation and maintenance that is filed with the local health jurisdiction;
     (c) A schedule for maintenance and operation reports detailing the status of the on-site sewage disposal system with the local health jurisdiction where the on-site sewage disposal system is located;
     (d) A contract with the owner of the on-site sewage disposal system with a biological remediation product for inspection and monitoring by an inspector certified under RCW 70.118.120 or local health officer;
     (e) Information for the owner of an on-site sewage disposal system with a biological remediation product that includes: (i) Instructions for appropriate maintenance and operation of an on-site sewage system; and (ii) a statement that if the on-site sewage disposal system remains in a state of failure after three months, the owner will be required to repair the on-site sewage disposal system as required by chapter 246-272A WAC, and an estimate of those costs; and
     (f) A signed document from the homeowner allowing the local health officer to enter the property for the purpose of determining if a biological remediation product has remedied a failed drainfield after ninety days of installation. Failure to allow access for the inspection voids the permit and the local health jurisdiction may prohibit the use of the system until the inspection occurs.
     (5) If a biological remediation product fails to make significant improvements in the condition of a failed drainfield within ninety days of installation and it is determined by the local health officer that a repair must be made to correct the failure, and the purchaser of the biological remediation device requests in writing the removal of the biological remediation device and reimbursement, then the on-site professional who installed the biological remediation device shall reimburse the purchaser for the direct cost of the product and installation.
     (6) The definitions in RCW 70.118.020 apply throughout this section.

NEW SECTION.  Sec. 7   (1) Only on-site wastewater treatment system designers licensed under chapter 18.210 RCW, installers approved by the local health officer to install on-site sewage disposal systems or components, or professional engineers licensed under chapter 18.43 RCW are permitted to install biological remediation products for use in failing on-site sewage disposal systems.
     (2) The definitions in RCW 70.118.020 apply throughout this section.

NEW SECTION.  Sec. 8   Sections 3 and 5 through 7 of this act expire July 1, 2010.