BILL REQ. #:  H-4524.1 

READ FIRST TIME 01/21/10.   

     AN ACT Relating to on-site wastewater treatment systems designer licensing; amending RCW 18.210.010, 18.210.020, 18.210.030, 18.210.040, 18.210.050, 18.210.080, 18.210.100, 18.210.120, 18.210.140, 18.210.160, 18.210.170, 18.210.180, and 18.210.190; and repealing RCW 18.210.090 and 18.210.210.

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

Sec. 1   RCW 18.210.010 and 1999 c 263 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Advisory committee" means a group of individuals with broad knowledge and experience in the design, construction, and regulation of on-site wastewater treatment systems, appointed under this chapter to offer recommendations to the board and the director on the administration of the program established under this chapter.
     (2) "Board" means the board of registration for professional engineers and land surveyors as defined in chapter 18.43 RCW.
     (3) "Designer((,))" or "licensee((,))" ((or "permit holder")) means an individual authorized under this chapter to perform design services for on-site wastewater treatment systems.
     (4) "Director" means the director of the Washington state department of licensing.
     (5) "Engineer" means a professional engineer licensed under chapter 18.43 RCW.
     (6) "Practice of engineering" has the meaning set forth in RCW 18.43.020(5).
     (7) "On-site wastewater treatment system" means an integrated system of components that: Convey, store, treat, and/or provide subsurface soil treatment and disposal of wastewater effluent on the property where it originates or on adjacent or other property and includes piping, treatment devices, other accessories, and soil underlying the disposal component of the initial and reserve areas, for on-site wastewater treatment under three thousand five hundred gallons per day when not connected to a public sewer system.
     (8) "On-site wastewater design" means the development of plans, details, specifications, instructions, or inspections by application of specialized knowledge in analysis of soils, on-site wastewater treatment systems, disposal methods, and technologies to create an integrated system of collection, transport, distribution, treatment, and disposal of on-site wastewater.
     (9) "Local health jurisdiction" or "jurisdictional health department" means an administrative agency created under chapter 70.05, 70.08, or 70.46 RCW, that administers the regulation and codes regarding on-site wastewater treatment systems.
     (10) (("Practice permit" means an authorization to practice granted to an individual who designs on-site wastewater treatment systems and who has been authorized by a local health jurisdiction to practice on or before July 1, 2000.
     (11))) "License" means a license to design on-site wastewater treatment systems under this chapter.
     (((12))) (11) "Certificate of competency" or "certificate" means a certificate issued to employees of local health jurisdictions indicating that the certificate holder has passed the licensing examination required under this chapter.

Sec. 2   RCW 18.210.020 and 2002 c 86 s 256 are each amended to read as follows:
     In addition to the unprofessional conduct described in RCW 18.235.130, the following conduct, acts, and conditions constitute unprofessional conduct:
     (1) Practicing with a practice permit or license issued under this chapter that is expired, suspended, or revoked;
     (2) Being willfully untruthful or deceptive in any document, report, statement, testimony, or plan that pertains to the design or construction of an on-site wastewater treatment system; ((and))
     (3) Submission of a design or as-built record to a local health jurisdiction, to the department of health, or to the department of ecology, that is knowingly based upon false, incorrect, misleading, or fabricated information; and
     (4) Submission of any application for licensure or certification that contains false, fraudulent, or misleading information.

Sec. 3   RCW 18.210.030 and 2002 c 86 s 257 are each amended to read as follows:
     The board shall immediately suspend the license ((or practice permit)) of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for a license under this chapter during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the child support order. The procedure in RCW 74.20A.320 is the exclusive administrative remedy for contesting the establishment of noncompliance with a child support order, and suspension of a license under this ((subsection [section])) section, and satisfies the requirements of RCW 34.05.422.

Sec. 4   RCW 18.210.040 and 1999 c 263 s 5 are each amended to read as follows:
     (1) There is created an advisory committee, which shall provide recommendations to the board and the director concerning the implementation of this chapter. The advisory committee shall consist of five members who are conversant with and experienced in the design, inspection, construction, and/or maintenance of on-site wastewater treatment systems, and who are otherwise eligible for licensure under this chapter. Each member of the committee must be a resident of the state and must have a minimum of seven years of continuous experience with on-site wastewater treatment systems immediately prior to appointment.
     (2) The director shall appoint to the committee individuals from across the state, thus utilizing geographic and experiential diversity as much as possible. The terms of the members of the advisory committee shall be a maximum of three years, except that the initial appointees to the committee shall serve the following terms: Two members for two years and three members for three years. No member of the advisory committee is eligible for reappointment to a third consecutive term, but any member is eligible for reappointment after an absence of at least one year from the committee. Any member who is reappointed following an absence of at least one year from the committee is eligible for reappointment to a second consecutive term and is again eligible for reappointment after an absence of at least one year from the committee.
     (3) Members of the advisory committee shall serve until replaced by a subsequent appointment, but may resign prior to completing the term of appointment. The director may for just cause remove a committee member. The director shall appoint a new member to fill any vacancy on the advisory committee for the remainder of the unexpired term. Members of the advisory committee shall not be compensated, but shall be reimbursed for expenses incurred in accordance with RCW 43.03.050 and 43.03.060. Three members ((constitutes [constitute])) constitute a quorum.
     (4) At the request of the ((advisory committee)) board, the director may appoint temporary additional members to the advisory committee for assistance with rule development, examination development, and technical advice on complaints. Members temporarily appointed must meet the same minimum qualifications as regular members of the advisory committee. Temporary members have all the powers, duties, and immunities of regular members of the advisory committee and shall be reimbursed for expenses incurred in accordance with RCW 43.03.050 and 43.03.060. The director shall limit the term of temporary members to one year, but may for just cause extend the original appointment up to one additional year.

Sec. 5   RCW 18.210.050 and 1999 c 263 s 6 are each amended to read as follows:
     The director may:
     (1) Appoint and reappoint members to the advisory committee, including temporary additional members, and remove committee members for just cause;
     (2) Employ administrative, clerical, and investigative staff as necessary to administer and enforce this chapter;
     (3) Establish fees for applications, examinations, and renewals in accordance with chapter 43.24 RCW;
     (4) Issue ((practice permits and)) licenses to applicants who meet the requirements of this chapter; and
     (5) Exercise rule-making authority to implement this section.

Sec. 6   RCW 18.210.080 and 1999 c 263 s 9 are each amended to read as follows:
     The director, members of the board, and individuals acting on behalf of the director or the board are immune to liability in any civil action or criminal case based on any acts performed in the course of their duties under this chapter, except for acts displaying intentional or willful misconduct.

Sec. 7   RCW 18.210.100 and 1999 c 263 s 11 are each amended to read as follows:
     All applicants for licensure under this chapter, except as provided in RCW 18.210.180, must pass a written examination administered by the board and must also meet the following minimum requirements:
     (1) A high school diploma or equivalent; and
     (2) A minimum of four years of experience, as approved by the board, showing increased responsibility for the design of on-site wastewater treatment systems. The experience ((must)) should include((, but is not limited to,)) site soil assessment, hydraulics, topographic delineations, use of specialized treatment processes and devices, microbiology, and construction practices. Completion of ((two years of)) satisfactory college level course work ((in subjects dealing with, but not limited to, soils, hydraulics, topographic delineations, construction practices, and/or microbiology or completion of a two-year curriculum in on-site treatment systems, technology, and applications, as approved by the board,)) or successful participation in a board-approved internship or mentoring program may be substituted for up to two years of the experience requirement.

Sec. 8   RCW 18.210.120 and 1999 c 263 s 13 are each amended to read as follows:
     (1) Application for licensure must be on forms prescribed by the board and furnished by the director. The application must contain statements, made under oath, demonstrating the applicant's education and work experience.
     (2) Applicants shall provide not less than two verifications of experience ((from)). Verifications of experience may be provided by licensed professional engineers, licensed on-site wastewater treatment system designers ((licensed under this chapter)), or state/local regulatory officials in the on-site wastewater treatment field who have direct knowledge of the applicant's qualifications to practice in accordance with this chapter and who can verify the applicant's work experience.
     (3) The director, as provided in RCW 43.24.086, shall determine an application fee for licensure as an on-site wastewater treatment system designer. A nonrefundable application fee must accompany the application. The director shall ensure that the application fee includes the cost of the examination and the cost issuance of a license and certificate. A candidate who fails an examination may apply for reexamination. The director shall determine the fee for reexamination.

Sec. 9   RCW 18.210.140 and 1999 c 263 s 15 are each amended to read as follows:
     (1) ((Practice permits and)) Licenses and certificates issued under this chapter are valid for ((one year)) a period of time as determined by the director and may be renewed under the conditions described in this chapter. An expired ((practice permit or)) license or certificate is invalid and must be renewed ((before lawful practice can resume)). Any ((permit holder or)) licensee or certificate holder who fails to pay the renewal fee within ninety days following the date of expiration shall be assessed a penalty fee as determined by the director and must pay the penalty fee and the base renewal fee before the ((practice permit or)) license or certificate may be ((returned to a valid status)) renewed.
     (2) Any license ((or practice permit)) issued under this chapter that is not renewed within two years of its date of expiration must be canceled. Following cancellation, a person seeking to renew must reapply as a new applicant under this chapter.
     (3) ((The director, in conformance with RCW 43.24.140, may modify the duration of the license.)) The director, as provided in RCW 43.24.086, shall determine the fee for applications and for renewals of ((practice permits and)) licenses and certificates issued under this chapter. For determining renewal fees, the pool of licensees and certificate holders under this chapter must be combined with the licensees established in chapter 18.43 RCW.

Sec. 10   RCW 18.210.160 and 2002 c 86 s 259 are each amended to read as follows:
     On or after July 1, 2003, it is a gross misdemeanor for any person, not otherwise exempt from the requirements of this chapter, to: (1) Perform on-site wastewater treatment systems design services without a license; (2) purport to be qualified to perform those services without having been issued a ((standard)) license under this chapter; (3) attempt to use the license or seal of another; (4) attempt to use a revoked or suspended license; or (5) attempt to use false or fraudulent credentials. In addition, action may be taken under RCW 18.235.150.

Sec. 11   RCW 18.210.170 and 1999 c 263 s 18 are each amended to read as follows:
     The board shall require licensees ((and holders of certificates of competency)) under this chapter to ((obtain)) maintain continuing professional development ((or continuing education)). The board may ((also)) require these licensees ((and certificate holders)) to demonstrate maintenance of knowledge and skills as a condition of license ((or certificate)) renewal, including peer review of work products and periodic reexamination.

Sec. 12   RCW 18.210.180 and 1999 c 263 s 19 are each amended to read as follows:
     Any person holding a license issued by a jurisdiction outside the state of Washington authorizing that person to perform design services for ((the construction)) site soil assessment, hydraulics, topographic delineations, use of specialized treatment processes and devices, microbiology, and construction practices of on-site wastewater treatment systems may be granted a license without examination under this chapter, if:
     (1) The education, experience, and/or examination forming the basis of the license is determined by the board to be equal to or greater than the conditions for the issuance of a license under this chapter; and
     (2) The individual has paid the applicable fee and has submitted the necessary application form.

Sec. 13   RCW 18.210.190 and 1999 c 263 s 20 are each amended to read as follows:
     (1) Employees of local health jurisdictions who review, inspect, or approve the design and construction of on-site wastewater treatment systems shall obtain a certificate of competency by obtaining a passing score on the written examination administered for licensure under this chapter. Eligibility to apply for the certificate of competency is based upon a written request from the local health director or designee and payment of a fee established by the director. ((Applications for a certificate of competency may not be accepted until on or after July 1, 2000.)) The certificate of competency is renewable upon payment of a fee established by the director. Certificate holders are also subject to the requirements of RCW 18.210.140(1).
     (2) Issuance of the certificate of competency does not authorize the certificate holder to offer or provide on-site wastewater treatment system design services. However, nothing in this chapter limits or affects the ability of local health jurisdictions to perform on-site design services under their authority in chapter 70.05 RCW.
     (3) Local health jurisdictions and the state department of health retain authority to:
     (a) Administer state and local regulations and codes for approval or disapproval of designs for on-site wastewater treatment systems;
     (b) Issue permits for construction;
     (c) Evaluate soils and site conditions for compliance with code requirements; and
     (d) Perform on-site wastewater treatment design work as authorized in state and local board of health rules.

NEW SECTION.  Sec. 14   The following acts or parts of acts are each repealed:
     (1) RCW 18.210.090 (Practice permits -- License) and 1999 c 263 s 10; and
     (2) RCW 18.210.210 (Chapter evaluation -- Financial assurance) and 1999 c 263 s 23.