FINAL BILL REPORT

SSB 6116

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.

C 175 L 12

Synopsis as Enacted

Brief Description: Concerning on-site sewage program management plans.

Sponsors: Senate Committee on Government Operations, Tribal Relations & Elections (originally sponsored by Senators Fraser, Swecker, Pridemore, Ranker and Murray).

Senate Committee on Government Operations, Tribal Relations & Elections

House Committee on Environment

Background: The Washington State Board of Health (BOH) has authority to adopt rules for the design, construction, installation, operation and maintenance of on-site sewage (OSS) system with design flows of less than 3500 gallons per day. The BOH rules require property owners to complete an evaluation of their OSS system once every three years for gravity drain field systems and annually for all other types of systems.

Local boards of health must identify failing septic tank drain fields. A local board of health may adopt more restrictive standards for OSS systems than adopted by the BOH. A local board of health may grant a waiver from specific requirements adopted by the BOH for OSS systems if the local board of health determines that the waiver is consistent with the BOH standards.

OSS systems located in marine recovery areas designated by the Washington State Department of Health (Department) or a local board of health are subject to enhanced OSS system regulations including inspections, inventory and identification, and monitoring to ensure protection of public health and Puget Sound water quality. The local boards of health in 12 Puget Sound counties must develop an OSS system management plan specifically to address shellfish growing areas and degraded marine water quality. The Department approves each county's marine recovery area management plan.

Summary: A local board of health in the 12 counties bordering Puget Sound currently implementing an OSS program management plan may impose and collect reasonable rates or charges to pay for the actual cost of administration and operation of the OSS management plan. A local board of health may contract with the county treasurer to collect the rates or charges imposed.

A local board of health does not have the authority to impose a lien on real property for failure to pay rates and charges imposed. A local board of health may not impose and collect rates and charges related to the implementation of an OSS program management plan beyond the powers currently vested in a local board of health to establish fee schedules for issuing or renewing licenses or permits, or for other activities authorized by the law and rules of the BOH.

Votes on Final Passage:

Senate

48

0

House

55

41

(House amended)

Senate

34

13

(Senate concurred)

Effective:

June 7, 2012